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Please 

handle  this  volume 

with  care. 

The  University  of  Connecticut 
Libraries,  Storrs 


THIS  VOLUME  DOES  NOT 
CIRCULAiE 


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THE 


GOVERNMENTAL  HISTORY 


OF 


THE  UNITED  STATES  OF  AMERICA, 


FROM  THE  EARLIEST  SETTLEMENT 

TO    THE 

ADOPTION  OF  THE   PRESENT    FEDERAL  CONSTITUTION. 
IN  FOUR  PART3. 


BY  HENRY  SHERMAN, 

COUNSELOR    AT    LA^SV. 

Author  of  "Sherman's  Marino  Insurance."     "Slavery  in  the  United  States, 
its  national  recognition  and  relations."     Etc. 


Felix  qui  potuU  rerum  cognoscere  causas. — Virgil. 

— cV 

HARTFORD:        ^^^ 

M.DCCC.LX. 


THIS  VOLUME  DOES  NOT 
CIRCOUTE 


Entered  according  to  the  Act  of  Congress,  iu  the  year  ISCO,  by 

HENRY    SHE  R M  A  N , 

In  the  office  of  the  clerk  of  the  District  Court  of  the  United  States  for  the 
District  of  Connecticut. 


CASE,  LOCKWOOn    AND    CO., 
PRINTERS. 


TO 
THE    MEMORY    OF 

JOSI^H    SHERIVI^N", 

(lATK    t>F    ALBANY,   N.    Y.,   PEC'd,) 
FOB   THE    RICH    LEGACY    OF  A  GOOD    EXAMPLE    IN    HIS    OWN    LIFE  AND    CHARACTER  : 

TO 

TO  HER    WHOSF.    AFFECTION    NURSED    MY     INFANCY  WITH    SO    MUCH    TENDERNESS  ;    DISCI- 
PLINED MY  liOYHOOD  WITH  SO    MUCH    PRUDENCE  ;    EDUCATED    MY  YOUTH   WITH  SO 
MUCH    DISCRETION  ;    ■WHO,    IN    HER    V.'IDOWIIOOD,    GUIDED    MY    ADVANCING 
YEARS    WITH    SO    JIUCII    WISDOM  ;    AND    WHO    STILL    LIVES,   IN    THE 
VIGOR     OF    A    SOUND    JUDGMENT,    AND    WITH    THE    RIPENED 
EXPERIENCE     AND     PIETY    OF     MORE     THAN     FOUR- 
SCORE   Y'EAUS,  TO  COUNSEL  MY'  MATURER  LIFE  : 

THIS   VOLUME     IS  INSCRIBED,    AS     A     GRATEFUL,     AFFECTIONATE,    AND     ENDURING 

EXPRESSION     OF    FILIAL    OBLIGATION,    BY 

THEIR    SON, 

THE  AUTHOR. 


13664 


PREFACE. 


The  proud  position  which  the  Republic  of  the  United  States  of 
America  now  holds  in  the  scale  of  nations,  and  the  powerful  influences 
which  are  emanating  from  them,  make  the  history  of  our  government 
and  institutions  a  subject  of  great  interest  and  importance  to  mankind  in 
general,  but  more  especially  to  those  who  may  in  any  wise  be  entrusted 
with  their  direction  and  control.  In  preparing  this  Avork  for  the  press, 
my  design  has  been  to  place  within  the  reach  of  every  citizen  and  inhab- 
itant of  this  country,  whether  native  or  foreign-bora,  a  plain  and  simple 
history  of  their  origin,  together  with  the  causes  which  have  given  to 
them  their  peculiar  and  characteristic  quaUties  of  freedom,  sovereignty, 
and  independence. 

It  is  impossible  for  the  mind  of  man  to  fix  a  hmit  to  the  further 
extension  of  our  national  domain,  or  to  the  advancement  of  this  great 
and  still  growing  people,  in  all  the  enterprises  and  arts  which  contribute 
to  the  improvement  of  society  ;  the  sciences  which  expand  and  liberalize 
the  human  mind ;  or  in  the  further  development  of  those  fundamental 
principles  of  civil  and  religious  liberty,  which  are  destined,  in  their 
ultimate  maturity,  to  harmonize  and  happify  the  world. 

It  is  essential  that  those  who  are  hereafter  to  possess  so  magnificent  a 
heritage  of  birthright  or  of  citizenship,  should  be  thoroughly  prepared  for 
the  momentous  and  interesting  duties  which  it  may  devolve  upon  them. 
To  be  useful  to  his  country  and  to  Ins  race ;  to  preserve  and  conduct  to 
a  paore  perfect  maturity,  a  system  of  government  so  wisely  planned,  and 
institutions  of  freedom  so  well  founded,  the  citizen  of  these  United  States 
should  be  well  acquainted  with  their  governmental  history,  from  their 
earliest  origin.  He  should  be  famiUar  with  the  causes  which  led  to  the 
planting  of  the  first  settlements  made  by  our  forefathers  in  America; 
which  transformed  those  settlements  into  municipal  communities,  those 
communities  mto  larger  political  bodies,  and  these  bodies  into  incorporated 


VI  PREFACE. 

colonies ;  and  wliieli,  in  fine,  elevated  these  colonies  to  the  position  of 
free,  independent,  and  sovereign  states.  He  should  further  understand 
how  it  Avas  that  these  states  became  united  in  a  permanent  confederacy  ; 
■what  causes  dissolved  this  confederacy,  and  led  again  to  their  more 
perfect,  perpetual,  and  felicitous  union  under  the  present  Federal  Con- 
stitution. 

In  looking  over  our  libraries,  I  found  no  work  calculated  particularly 
to  aid  the  enquirer  in  making  these  acquisitions ;  while  those  whence 
alone  this  information  could  be  gathered,  were  either  too  voluminous  or 
too  rare,  too  ponderous  or  too  expensive,  to  fall  into  the  hands  of  the 
mass  of  readers.  This  volume  has  been  prepared,  during  the  intervals 
of  leisure  from  professional  avocations,  with  a  view  to  supply  this  defi- 
ciency. In  compiling  it,  I  am  aware  that  I  have  entered  upon  an  entirely 
new  field  of  historical  research.  Others  have  directed  their  investiga- 
tions, and  employed  their  labors,  to  elucidate  our  Civil,  our  Pohtical,  our 
Mihtary,  and  our  Naval  histories,  and  made  the  multitude  of  readers 
and  students  sufficiently  familiar  with  these  departments  of  our  national 
annals.  But  no  one,  that  I  am  aware,  has  yet  attempted  to  trace  out 
distinctly  to  their  source  and  origin,  or  through  the  various  phases  of 
their  development,  the  peculiar  and  essential  elements  of  freedom  which 
have  given  birth  to  our  own  peculiar  Federal,  State,  and  Municipal 
systems  and  forms  of  government  and  administration.  Hence  the  diffi- 
culties and  embarrassments  which  have  attended  the  completion  of  this 
work.  A  work  so  novel  in  its  character  and  aim,  and  so  necessarily 
comprehensive  in  its  detail,  must  also  of  necessity  be  somewhat  wanting 
in  completeness.  Yet  I  trust  it  is  not  so  much  so  as  materially  to  impair 
its  value  or  depreciate  its  utility,  to  all  classes  of  men.  It  is,  as  I  may 
say,  in  some  sort  autoi-biographical.  The  early  adventurers  speak  from 
their  own  records,  and  tell  their  own  story  of  the  experience  and  growth 
of  their  plantations,  and  in  their  own  way.  The  people,  m  their 
primary  gatherings  and  their  occasional  conventions;  the  colonies,  by 
their  charters  and  their  proclamations,  by  the  resolutions  of  their  legis- 
lative assemblies  and  by  their  legal  enactments,  make  their  own  record. 
The  colonial  congress,  by  its  manifestoes,  associations,  resolutions, 
petitions,  and  addresses ;  the  revolutionary  congress,  by  its  state  papers, 
its  confederacies,  and  its  ordinances ;  and,  finally,  the  Federated  States, 
by  their  OAvn  free  and  independent  assumptions  of  power,  and  by  their 
proclamations  and  edicts  ;  all  have  contributed  their  own  records  to  eke 
out  this  their  govefnmental  liistory.  While,  on  the  other  hand,  the  crown, 
the  cabinet,  the  parliament,  and  the  people  of  Great  Britain,  are  also 
allowed  to  speak  to  their  own  side  of  the  controversy  which  resulted  in 
our  severance  from  that  kingdom. 


PREFACE.  VU 

The  readei-  will  find  a  complete  table  of  contents  on  every  page  of  the 
work.  The  general  title  at  the  top ;  underneath  this,  a  more  particular 
index ;  and  commencing  and  running  through  each  marginal  column,  a 
special  index  and  references :  aU  which  will  render  his  study  of  it  at 
once  easy  and  inteUigent. 

Such  are  the  aims  and  plan  of  the  work.  Such  the  materials  from 
which  it  is  wrought,  and  of  which  it  is  mostly  composed.  Such  as  it  is, 
it  is  now  submitted  to  the  candid  and  impartial  judgment  of  the  people 
and  the  press,  of  the  statesman  and  the  jurist,  of  the  teacher  and  the 
student.  If  it  shall  have  the  effect  to  promote  a  more  familiar  acquaint- 
ance with,  and  comprehension  of,  the  origin  and  nature  of  our  free 
governments  and  institutions,  and  a  more  ardent  devotion  to  those  essen- 
tial elements  of  religious  faith  and  civil  freedom  which  are  the  basis  of 
our  existence  and  prosperity  as  a  Sovereign  Repubhc ;  if  it  shall  serve 
to  inspire  a  more  general  and  abiding  reverence  for  the  paramount 
•importance,  and  the  supremacy,  of  our  Federal  Constitution,  and  to 
secure  and  perpetuate  in  its  origmal  affection  and  harmony,  the  fra- 
ternity of  our  National  Union,  it  will  not  have  been  elaborated  in 
vain. 

HENRY  SHERMAN. 

Hartford,  Conn   January  2d,  1860. 


CONTENTS. 


PART  I. — ^The  Governmental  History  op  the  First  Grand  Division  of  thk 
Continent  of  North  America,  called  the  First  Colony  of  Virginia,  South 
Virginia,  or  Virginia;  to  the  Revolution  of  1688  in  England. 
Introduction.  Theory  and  speculations  of  Christopher  Columbus.  His  nego- 
tiations for  patronage.  His  voyages.  Interest  of  England  in  his  speculations  and 
adventures.  Voyages  of  Cabot.  Discovery  of  the  Continent  of  North  America. 
Title  and  interest  of  England  in.  Grant  of  Pope  Alexander  VI.,  to  Ferdinand  and 
Isabella.  Title  of  England  relinquished  by  Henry  VII.  Early  attempts  to  settle  the 
country.  Why  called  Virginia,  Condition  of  at  the  decease  of  Elizabeth.  Division 
and  designation  of  by  James  I.  Charter  of  James  I.,  creating  the  First  and  Sec- 
ond Colony.  Instructions  and  government  under  this  charter.  Character  of  the 
charter  and  instructions.  Expeditions  and  settlements  under  the  First  Colony. 
Second  and  separate  charter  of  James  I.  to  the  First  Colony,  or  London  Company. 
Enlargement  of  the  corporation.  Government  under  it.  Third  and  separate  char- 
ter of  James  I,  to  the  First  Colony  or  London  Company.  Advantages  of  the  First 
over  the  Second  Colony.  The  government  under  the  third  charter.  Developments 
of  protestantism  in  England  and  Virginia.  Ordinance  and  instructions  of  the  Lon- 
don Company  establishing  a  colonial  government  in  Virginia.  Organization  under 
the  Company's  constitution.  Compared  with  New  England.  Relations  with  the 
Indian  tribes.  Colonial  acts  establishing  the  local  administration.  Puritanism  in 
England  and  Virginia.  Dissolution  of  the  London  Company  by  the  crown.  Death 
of  James  I.  Its  effect  in  Virginia.  Accession  of  Charles  I.  State  of  the  king- 
dom. Colonial  policy  of  Charles  I.  Condition  of  Virginia.  She  becomes  a  royal 
colony.  Royalty  of  her  administration  ;  its  monarchical  features  ;  its  conservative 
elements.  Progress  of  protestantism  in  England.  Its  effect  upon  the  colonial 
poUcy  of  the  crown.  Attempt  to  revive  the  London  Company.  Remonstrance  of 
Virginia.  Address  of  the  colonial  assembly  to  the  people.  The  civil  war  in  Eng- 
land. Provisional  enactments  by  the  colonial  assembly.  Execution  of  Charles  I. 
Its  effect  on  the  political  condition  of  the  colonies.  How  received  in  Virginia. 
Public  enactments  thereupon.  EstabUshment  of  the  Commonwealth  in  England. 
Virginia  and  the  commonwealth.  Arrival  of  commissioners  of  parliament  in  Vir- 
ginia. Virginia  surrenders  to  the  commonwealth.  Articles  of  surrender.  Procla- 
mation by  the  commissioners  of  parliament.  Organization  of  a  provisional  colo- 
nial government.  Virginia  under  the  commonwealth.  Controversy  between  the 
house  of  burgesses  and  the  governor  and  council.  Progress  of  the  controversy. 
The  burgesses  triumphant.  They  claim  supreme  power  in  the  colony.  Proclamation 
thereof.     Re-organizatiou  of  the  colonial  state  council  by  the  burgesses.     Death  of 


CONTENTS. 


Cromwell.  Letter  from  the  State  Council  of  parliament  to  Virginia  thereupon. 
Succession  of  Richard  Cromwell.  Acknowledged  by  Virginia.  Abdication  of 
Richard  Cromwell.  How  received  in  Virginia.  The  supreme  power  assumed  by 
the  grand  assembly  of  the  colony.  Re-organization  of  the  colonial  state  council. 
Restoration  of  Charles  II.  How  received  in  Virginia.  Revision  of  colonial  laws 
by  the  assembly.  Virginia  during  the  reign  of  Charles  II.  Her  characteristic 
qualities  and  policy  of  government.  Population  and  condition  at  the  Restoration- 
Governor  Berkeley's  report  to  the  Lords  commissioners,  1671.  Grant  of  Virginia  to 
Lords  Arlington  and  Culpeper  by  Charles  II.  Proceedings  of  the  colonial  assembly 
thereupon.  Remonstrance  and  address  to  the  king.  Propositions  for  a  new  char- 
ter. How  received  in  England.  Action  of  the  king  in  council  upon  it.  Bacon's 
Rebellion  in  Virginia.  Application  for  a  new  charter  defeated  thereby.  Further 
negotiations.  Charter  granted.  The  new  charter.  Grant  to  Lords  Arlington  and 
Culpeper  surrendered  back  to  the  crown.  Proclamation  of  the  king  to  the  colony 
thereupon.  Political  developments  of  the  controversy.  Government  under  the  new 
charter.  Virginia  and  New  England  compared.  The  protestantism  of  the  English 
Revolution.     Its  elements  of  freedom.     Conclusion  of  Fart  I.  Page  13. 

PART  II.  —The  Goveknmental  Histort  of  the  second  Grand  Division  of  the 
Continent,  called  the  Second  Colony  op  Virginia,  North  Virginia,  or  New 
England,  to  the  Revolution  of  1688  in  England. 

The  Second  Colony  of  Virginia,  or  the  Plymouth  Company.  Its  transactions. 
New  England.  Causes  which  led  to  its  settlement.  Origin  and  nature  of  Roman- 
ism. Supremacy  of  the  pope  in  the  sixteenth  century.  Origin  and  nature  of  Pro- 
testantism. The  reformation  inaugurated  by  Luther.  Its  progress  in  Europe.  In 
England.  Controversy  between  Henry  VIII.  and  Luther.  Commended  and  re- 
warded by  the  pope.  Effect  upon  the  king.  Controversy  between  Henry  VIII. 
and  the  pope.  The  pope's  supremacy  repudiated.  Supremacy  of  the  crown  estab- 
lished by  law.  Protestantism  and  the  crown's  supremacy.  Protestantism  and  the 
Bible.  The  reformation  under  Edward  VI.  Succession  of  Mary.  Her  character 
and  reign.  The  reformation  on  the  accession  of  Elizabeth.  Under  Elizabeth. 
Policy  of  Elizabeth.  The  Church  of  England  established.  Tlie  crown's  supremacy 
and  protestantism.  Parties  originated  by  it.  Parties  among  the  reformers.  The 
Brownists.  Their  tenets.  Treatment  of  by  Elizabeth.  James  I.,  and  the  reform- 
ation. Persecution  of  the  Brownists.  Their  flight  to  Holland.  Their  organization 
at  Leyden.  Application  to  the  Plymouth  Company  for  a  grant  of  land,  1618. 
How  discouraged.  Second  application,  1620.  Their  removal  to  America.  Plant- 
ing of  New  Plymouth  in  New  England.  Compact  of  government.  Further  arri- 
vals from  Leyden.  Condition  of  the  colonists.  Incorporated  with  Massachusetts 
Bay.  Origin  of  the  colony  of  Massachusetts  Bay.  Origin  of  the  sect  called  Puri- 
tans. Distinction  between  the  Puritans  and  Brownists.  Protestant  parties  of 
the  reformation  in  England.  Political  elements  of  puritanism.  James  I.,  and  the 
Puritans.  They  propose  to  go  to  New  England.  Patent  of  James  L,  creating  the 
Grand  Council  at  Plymouth.  Failure  of  this  patent.  Death  of  James  I.,  and  suc- 
cession of  Charles  I.  Grant  from  the  grand  council  at  Plymouth  to  the  Puritans. 
Settlement  of  Salem  in  New  England.  Elements  in  puritanism  favorable  to  its 
growth  as  a  political  party.     Increased  by  persecution. 

Incorporation  of  the  Massachcsetts  Bay  Company  by  the  crown.     Aims  of  the 
company.     General  provisions  of  the  patent.     Controversy  of  historians  as  to  the 


CONTENTS.  XI 


motives  of  the  grant.  The  real  motive.  Organization  of  the  company  in  London. 
Ordinance  for  its  government.  Phmtations  of.  The  Massachusetts  Bay  Coiiipany'a 
I'.lantations  and  New  Plymoutli.  Their  religious  diSerences.  Their  fraternization. 
Banishment  of  adventurers,  and  action  of  the  company  thereupon.  Political  elements 
developed  thereby.  Condition  of  the  colony.  Further  of  the  aims  of  the  com- 
pany. Political  developments  of  puritauism  in  England.  Oppressions  of  Charles  I. 
favorable  to  the  growth  of  the  Puritan  party.  The  Massachusetts  Bay  company 
propose  to  remove  their  charter  and  government  to  England.  Progress  of  the  dis- 
cussion. Resolution  of  transfer  passed.  Re-organization  of  the  government  in 
anticipation.  Arrival  of  the  company  and  charter  in  New  England.  The  Compa- 
ny and  colony  of  Massachusetts  Bay  in  New  England.  Organization  of  the  colo- 
nial government.  Political  developments  under  it.  Religious  differences  in  the 
colony.  Revision  of  colonial  laws.  Success  of  the  colony  how  regarded  in  Eng- 
land. Interdict  of  the  crown  against  emigration.  Its  political  aspects  and  results. 
Quo  Warranto  against  the  Massachusetts  Bay  company.  Its  charter  declared  for- 
feited. Commissioners  of  the  crown  demand  its  surrender.  Action  of  the  general 
court.  Gov.  Wiuthrop's  letter  in  reply.  Position  of  the  colony.  Suspension  of 
the  regal  power  by  the  execution  of  Charles  I.  The  Commonwealth.  Its  influence 
upon  the  progresss  of  freedom  in  America.  Restoration  of  the  monarchy  under 
Charles  II.  How  received  in  the  colonies  in  America.  The  plague,  and  the  great 
fire  in  London.  How  favorable  to  freedom.  Massachusetts  Bay  and  the  Naviga- 
tion Acts.  Controversy  about.  Death  of  Charles  II.  and  succession  of  James  II. 
The  revolution  in  England.  Establishment  of  the  protestant  succession  under  Wil- 
liam and  Mary.     America,  how  affected  by  it. 

Origin  of  the  Colony  op  Connecticut.  Commission  to  John  Winthrop  and 
others  from  Lord  Sey  and  Scale,  etc.  His  adventure.  Trading  forts  on  the  Con- 
necticut River.  Planting  of  Saybrook.  Protestantism  among  the  Puritans  in  New 
England.  Religious  differences  in  Massachusetts  Bay.  Arrival  of  Thomas. Hooker 
and  others  in  Massachusetts  Bay.  They  propose  to  move  to  Connecticut.  Hearing 
before  the  general  court  on  the  proposition.  The  controversy.  Its  political  devel- 
opments. Ultimate  decision.  Removal  of  Mr.  Hooker  and  others  to  the  Connec- 
ticut River.  Settlement  of  Hartford,  etc.  Commission  of  Massachusetts  Bay  for 
the  government  of  Connecticut.  Its  political  aspects.  Compact  of  government 
of  the  colony  of  Connecticut.     Its  political  aspects.     General  remarks. 

Origin  of  the  Colony  of  New  Haven.  Arrival  of  Mr.  Davenport  and  others 
at  Boston.  How  received.  Departure  of  for  the  Connecticut.  Planting  of  New 
Haven.  Organization  of  the  colonial  government.  The  compact.  Developments 
of  protestantism.  Peculiarity  in  the  origin  and  growth  of  the  tvro  colonics.  The 
restoration  of  Charles  II.  Connecticut's  petition  for  a  charter  from  the  crown. 
Negotiations  for  the  charter.  Issuing  of  the  charter.  Character  of  the  charter. 
How  received  by  New  Haven.  Controversy  between  the  two  colonies.  Their 
union  under  it.     Further  history. 

The  Colony  of  RiionE  Island.  Origin  of  the  colony.  Roger  Williams.  His 
tenets.  Trial  before  the  general  court  of  Massachusetts  Bay.  Ilis  banishment. 
Political  elements  of  his  creed.  His  departure.  Influence  of  his  opinions  in 
Massachusetts  Bay.  Planting  of  Providence.  Political  characteristics  of  its 
settlement.  Mrs.  Hutchinson's  "heresies"  in  Massachusetts  Bay.  Her  trial  and 
banishment.  Settlement  of  Portsmouth  and  Newport.  Condition  of  the  colony. 
Application  of  Roger  Williams  for  a  charter.     Ordinance  of  parliament  thereupon. 


XU  CONTENTS. 


Charter  of  incorporation.  Political  developments.  Organization  of  the  colony 
under  it.  On  the  Restoration  of  Charles  II.  Relations  of  Rhode  Island  with  the 
other  New  England  colonies.  Negotiation  for  a  charter  from  the  crown.  Com- 
mission therefor.  Petitions  and  negotiation.  Policy  of  the  general  court ;  their 
allegiance  to  the  commonwealth ;  to  Richard  Cromwell ;  to  Parliament.  Action 
upon  the  restoration.  Allegiance  to  the  crown.  Character  of  the  charter  prayed 
for.  The  experiment  in  Rhode  Island.  The  charter  procured.  Its  political  ele- 
ments. How  received  in  the  colony.  The  true  value  of  colonial  charters.  Relig- 
ious freedom  in  Rhode  Island.  Charges  of  persecution  against  considered.  Tri- 
umph of  Protestantism  in  England.  Condition  and  relations  of  the  New  England 
colonies  from  this  period.     Conclusion  of  Fart  II.  Page  197. 

PART  III. — The  Governmental  History  of  the  Anglo-American  Colonies, 
FROM  THE  Accession  of  William  and  Mary  to  the  Declaration  of  their 
Independence. 

Origin  and  designation  of  the  several  colonies.  New  York.  New  Jersey.  Penn- 
sylvania. Delaware.  Maryland.  The  Carolinas.  Georgia.  New  Hampshire.  Their 
organic  differences.  Their  organic  similitudes.  Religion,  intercourse,  and  relations 
with  each  other.  Relations  and  allegiance  to  England  at  the  close  of  the  French 
War.  The  Peace  of  1703.  Colonial  policy  of  England.  Origin  and  causes  of  the 
Revolution.  TJie  revenue  system  of  taxation.  How*regardcd  in  America.  Its 
enforcement  under  the  Stamp  Act.  Its  reception  in  the  Colonies.  Opinion  of 
Washington  upon.  A  general  Colonial  Union  recommended.  The  Colonial  Con- 
gress in  New  York,  1765.  Its  proceedings.  Declaration  of  Rights  by.  Publica- 
tion of  its  proceedings.  Colonial  and  popular  demonstrations  against  the  Stamp 
Act.  Examination  of  Dr.  Franklin  in  the  House  of  Commons.  Speech  of  Mr. 
Pitt  upon  American  taxation.  Repeal  of  the  Stamp  Act.  News  of  how  received 
in  America.  Opinion  of  Washington  upon.  The  Declaratory  Act.  Its  effect  in 
America.  Complications  of  the  Ministry.  77ie  comviercial  system  of  taxation. 
Duties  on  commercial  importations,  1767.  Opposition  to  in  America.  New  mode 
of  enforcing  submission.  A  voice  from  Virginia.  Circular  letter  of  Mass.  Bay  to 
the  colonies  on  public  affairs.  Opinion  of  Washington  on  the  times  and  measures 
of  resistance.  Of  George  Mason.  Non-Importation  Association  of  the  colonies. 
Lord  Hillsborough's  Circular  Letter  to  the  colonies.  Its  effect  in  America.  Repeal 
of  the  Duty  Act.  Reserved  duty  upon  tea.  Junius  on  the  measures  of  Ministry. 
Sir  Edmund  Burke  do.  Effect  of  the  Repeal  in  America.  The  tea  duty.  Act  of 
parliament  for  its  further  imposition.  East  India  Company's  shipments  of  tea  to 
America.  How  received  at  Boston.  Destruction  of  the  tea.  Shipments  of  the 
Co.,  bow  received  in  other  ports.  General  Assembly  of  Mass.  Bay  on  the  tea  duty. 
Proceedings  in  parliament.  Message  of  the  King.  Debate  in  the  House  of  Com- 
mons on  the  "Boston  outrage."  Lord  North's  motion  for  an  address  to  the  King. 
Proposes  the  Boston  Port  Bill.  Debate  upon.  Passage  of  the  Bill.  Other  Bills. 
Debate  upon.  Motion  to  repeal  the  tea  duty,  and  debate  upon.  The  Quartering 
Act.  The  Quebec  Bill,  etc.  Speech  of  Lord  Chatham  in  opposition  to.  General 
provisions  of  these  Acts.  Their  reception  in  America.  A  general  congress  sug- 
gested. Opinions  of  Washington.  The  colonial  congress  of  }774.  Its  organiza- 
tion. Resolutions,  &c.,  in  reference  to  Mass.  Bay.  Letter  to  General  Gage.  Dec- 
laration of  Rights.     Measures  of  redress.     Articles  of  non-importation,  non-con- 


CONTENTS.  xm 


sumption,  aud  non-exportation,  adopted  by  the  congress.  Address  to  the  King. 
To  the  people  of  Great  Britain.  To  the  inhabitants  of  the  colonies.  To  the  inhab- 
itants of  Quebec.  Resolution  recommending  a  congress  in  May,  1'7'75.  Letters  to 
the  colonies  of  St.  Johns,  etc.  To  the  American  agents  in  London.  Capt.  Mack- 
enzie to  Gen.  Washington.  Washington  in  reply.  John  Dickinson  to  Arthur  Lee 
on  the  adjournment  of  the  congress.  Posture  of  affairs  in  America.  In  England. 
The  proceedings  of  the  congress  laid  before  parliament.  Reception  of  the  address 
to  the  King.  Lord  Chatham's  motion  to  recall  the  troops  from  Boston.  Debate 
upon.  Lord  North  moves  an  address  to  the  King,  declaring  Mass.  Bay  in  rebellion. 
Debate  upon.  Motion  carried.  The  Address.  Protest  of  the  Opposition.  The 
King's  answer  to  the  address  of  the  House.  The  crisis  in  American  affairs.  Con- 
flict at  Lexington  and  Concord.  The  colonial  union  in  the  congress  at  Philadel- 
phiaj  May,  1775.  Recognition  of  protestantism.  Resolution  recommending  a  gen- 
eral fast.  Bill  for  raising  and  supporting  an  army.  Formation  of  the  army  of 
the  united  colonics.  Choice  of  commander-in-chief.  Election  of  Washington. 
His  acceptance  of  the  appointment.  His  commission  and  instructions.  Election 
of  other  officers.  The  congressional  government.  Manifesto  upon  taking  up 
arms.  Object  of  the  colonial  union.  Petitionto  the  King.  Address  to  the  inhab- 
itants of  Great  Britain.  Letter  to  the  Lord  Mayor  of  London,  etc.  To  the  colo- 
nial agents.  Articles  for  a  colonial  confederation  submitted  by  Dr.  Franklin. 
Address  of  the  congress  to  the  Assembly  of  Jamaica.  To  the  people  of  Lx-land. 
The  compact  of  union  proposed  by  Dr.  Franklin.  Plan  of  Accommodation  pro- 
posed by  parhament  to  the  colonial  assemblies.  Referred  to  the  congress.  Opin- 
ion of  the  congress  upon  it.  Construction  of  the  non-exportation  compact.  Ad- 
journment of  the  congress.  Examination  of  Governor  Richard  Penn  in  the  House 
of  Lords,  on  presentation  of  the  petition  of  this  congress  to  the  King.  Motion 
thereupon,  and  debate.  The  congress  of  Sept.  5th,  1775.  Resolution  of  secrecy. 
Position  of  the  colonies.  Of  the  congress.  Transition  period  in  their  govern- 
mental history.  Independence  in  the  congress.  Letter  of  General  Lee  to  Richard 
Henry  Lee  on  independence.  Resolutions  of  independenc,e.  The  Declaration  of 
independence.     The  men  of  1776.     Conclusion  of  Pari ///.  Page  365. 

PART  IV. — The  Governmental  History  of  the  thirteen  Anglo-American 
Colonies  from  their  union  under  the  Declaration  of  Independence,  to  the 
adoption  of  the  present  Constitution. 

The  Revolutionary  Union  of  the  Colonies  under  the  Declaration  of  Independence. 
Protestantism  and  the  Declaration  of  Independence.  Triumphs  of  Protestantism 
in  England.  In  America.  Effect  of  the  Declaration  of  Independence  upon  the 
political  condition  and  relations  of  the  colonies.  Necessity  of  a  new  government. 
Committee  appointed  to  draft  a  form  of  confederation  between  the  colonies,  ^une 
11,1776.  First  report  of  the  committee,  July  12th.  The  proposed  plan.  Second 
report  of  the  committee,  August  20th.  Adopted  by  the  congress.  The  proposed 
articles  of  confederation.  Reference  of,  to  the  states  by  the  congress.  Circular 
letter  of  the  congress  to  the  colonies  upon,  Nov.  I7th.  Copies  ordered  for  the 
states.  To  be  translated  into  the  French  language.  Treaties  of  aUiance,  etc., 
■with  France,  Feb.  6th,  1778.  Action  of  the  congress  upon.  May  4th.  Effect  of. 
Committee  upon,  and  form  of  ratification  adopted  by  the  congress.  The  treaty  of 
amity  and  commerce.  The  treaty  of  alliance  eventual  and  defensive.  Address  of 
the  congress  to  the  inhabitants  of  the  U.  S.  A.,  upon  public  affairs,  May,  1778. 


xiv  CONTENTS. 


Arrival  of  peace  commissioners  from  England,  June  4th.  Their  reception  by  the 
congress.  The  theory  of  government  of  the  united  colonies.  The  colonial  union 
under  the  martial  manifesto.  Colonial  or  state  sovereignty.  Action  of  the  states 
upon  the  proposed  confederation.  The  articles  of  confederation  in  the  congress, 
1111-81.  Powers  of  delegates  to  ratify  the  same.  Reports  from  the  several  colo- 
nies, June,  1*778.  Report  from  Maryland.  From  New  Hampshire.  Massachusetts. 
Rhode  Island.  New  York.  New  Jersey.  Pennsylvania.  Virginia.  South  Caro- 
lina. Georgia.  Committee  appointed  to  prepare  a  form  of  ratification.  Report  of 
the  committee.  Adopted  June,  1*778.  Ordered  engrossed  with  the  articles  of  con- 
federation. Signing  of  the  same  by  the  delegates  of  eight  of  the  colonies.  Reso- 
lution thereupon.  Circular  letter  of  the  congress  to  the  colonics  whose  delegates 
had  not  ratified  it.     Report  and  ratification  by  the   delegates  from  Georgia,  July, 

1778.  From  liorth  Carolina.  Further  report  by  the  delegates  from  New  Jersey, 
Nov.  1778.  Constitutional  recognitions  of  protestantism  by  the  congress.  Reso- 
lution for  a  general  thanksgiving.  Proclamation.  Report  on  the  confederation  by 
the  delegates  from  Delaware,  Feb.  1779.  Ratification  of  by.  Resolution  for  a 
general  fast  by  the  congress.  Proclamation.  Its  political  developments.  Further 
report  on  the  confederation  by  the  delegates  from  Virginia,  May,  1779.  Proposes 
to  ratify  with  any  number  of  states.  Second  report  by  the  delegates  from  Mary- 
land, May,  1779.     Claims  to  crown  lands.     Further  report  from  Connecticut,  May, 

1779.  Proposes  to  ratify  with  eleven  other  states.  Second  address  of  the  con- 
gress to  the  inhabitants  of  the  U.  S.  A.,  on  public  affairs,  May,  1779.  The  crisis  of 
the  confederation.  The  compact  of  independence  and. the  proposed  confederation. 
Hostility  of  ministry  to  the  proposed  confederation.  Circular  letter  of  the  con- 
gress to  their  constituents  on  pubUc  affairs,  Sept.  13th,  1779.  Characteristics  of 
the  statesmen  of  the  revolution.  Proclamation  for  a  public  thanksgiving  by  the 
congress,  Oct.  20th,  1779.  Complications  of  the  proposed  confederation.  Contro- 
versy about  the  crown  lands.  Pubhc  sale  of  lands  advertised  by  Virginia.  Re- 
monstrance against  in  the  congress.  Action  of  the  congress  upon.  Report  upon, 
Oct.  29th,  1779.  Controversy  between  Pennsylvania  and  Virginia  about  lands. 
Resolution  of  the  congress  upon.  Mediatory  act  of  New  York  to  accelerate  the 
federal  alliance,  Feb.  19th,  1780.  Proceedings  in  the  congress  upon,  Sept.  1780. 
Appeal  to  the  states.  To  Maryland.  Effect  of  the.  appeal.  Third  report  by  the 
delegates  from  Maryland,  Feb.  1781.  Ratification  of  the  confederation  by.  Final 
ratification  by  all  of  the  states,  March  1st,  1781.     Effect  of  on  their  independency. 

T/ie  permanent  union  mider  the  confederation.  American  independency  in  Great 
Britain,  1777-82.  Debate  in  the  House  of  Lords  upon  the  war,  Nov.  1777.  On 
the  war  and  the  alliance  with  France,  March,  1778.  Motion  for  an  address  to  the 
crown  advising  a  withdrawal  of  the  royal  forces  from  America.  Debate  upon. 
Debate  closed  by  the  sudden  illness  of  Lord  Chatham.  Renewal  of  the  debate  on 
the  war,  House  of  Commons,  Nov.  1778.  The  king's  address.  Motion  of  thanks 
by  Mr.  Grcnville.  Debate  upon.  Opening  of  parliament,  Nov.  session,  1781. 
The  king's  address.  House  of  Lords.  Earl  of  Shelburne  moves  an  address  of 
thanks  to  the  king.  The  proposed  address.  Debate  upon.  Defeat  of  Lord  Corn- 
wallis'  army.  Debate  upon  in  the  House  of  Lords,  Feb.  1782.  Motion  of  inquiry 
in  relation  to.  Debate  upon.  The  result.  General  Conway's  motion  for  an  ad- 
dress to  the  crown  to  discontinue  the  war.  House  of  Commons,  Feb.  1782.  De- 
bate upon.  Question  on  the  motion.  Renewal  of  the  motion  and  debate,  Feb. 
27th.     Proposed  bill  for  peace  by  ministry.     Reply  of  the  crown  to  the  address  of 


CONTENTS.  XV 


the  IIou.se.  Motion  of  thanks  and  debate  upon.  General  Conway's  proposition  for 
peaee  with  America.  Debate  and  resolution  upon.  The  attorney-general's  bill  for 
peace,  March  5tb,  17  8i'.  Debate  upon.  The  crisis  and  the  people.  Popular  cry 
for  peace.  Lord  Cavendish's  resolutions  of  censure  on  the  ministry.  Debate  upon, 
March  8th.  Sir  John  Rous'  motion  against  the  ministry.  Debate  upon,  March  15th. 
Debate  upon  the  removal  of  the  ministry,  March  20th.  Lord  North  announces  the 
removal  of  ministry.  Debate  thereupon,  March  25th.  Change  in  the  ministry  an- 
nounced by  Mr.  Dunning.  Motion  deferred.  Debate  on  the  removal  of  the  minis- 
try, in  the  House  of  Lords,  March  22d  to  25th.  Change  in  the  ministry.  The  new 
cabinet.  The  basis  of  its  construction.  Policy  of  the  new  administration.  Em- 
barrassments of.  Changes  in.  The  urgent  necessity  of  peace  with  America  con- 
ceded. Admission  of  American  independency  compelled  by  the  voice  of  the  nation. 
Resolved  upon  July  10th,  1782.  Negotiations  for  peace.  Provisionary  articles  of 
peace,  Nov.  1782.  Preliminary  articles  between  England  and  France.  Between 
England  and  Spain.  Ratifications  and  exchanges.  Proceedings  in  the  U.  S.  A. 
Proclamation  for  a  cessation  of  arras  by  congress,  April,  1783.  Washington 
invited  to  an  audience  with  the  congress,  August,  1783.  Address  of  the  president 
to  Washington.  Washington's  reply.  The  definitive  treaty  of  peace  between 
Great  Britain  and  the  U.  S.  A.,  Sept.  1783.  Termination  of  the  revolution.  Proc- 
lamation for  a  public  thanksgiving  by  the  congress.  Proclamation  disbanding  the 
army,  Oct.  18th.  Washington  surrenders  his  commission  back  to  congress,  Dec. 
23d.  His  address.  The  president's  reply.  Ratification  of  the  definitive  treaty  by 
the  congress,  Jan,  1-lth,  1784.  Proclamation  thereupon.  Accompanying  recom- 
mendation to  the  states.  Provision  for  a  federal  town.  The  compact  of  the  con- 
federation. Defects  of.  Causes  of  its  inefficiency.  Colonial  independence  and 
state  sovereignty.  Mutual  dependence  of  the  colonies.  The  New  England  confed- 
eration, 1643.  Plan  for  a  general  union  of  the  colonies  in  1754.  Mutual  depend- 
ence of  the  colonies  necessitated  their  union.  The  compact  of  independence. 
Necessity  of  a  national  sovereignty.  Further  on  the  defects  of  the  confederation. 
State  sovereignty,  its  source  and  origin.  State  sovereignty  and  the  general  gov- 
ernment. Resolution  of  New  York  on  the  insufficiency  of  the  confederation,  July, 
1782.  Resolution  of  congress  thereupon.  General  system  of  revenue  proposed  to 
the  states,  April  18th,  1783.  Address  by  the  U.  S.  A.  to  the  states  on  public  affiiirs, 
April  2Gth.  Depreciation  of  the  national  credit  at  home  and  abroad.  Letter  of 
Dr.  Franklin  upon.  Of  the  French  Minister.  Washington  on  pu))lic  affairs.  The 
necessity  of  a  national  sovereignty  how  regarded.  Report  on  the  system  of  gen- 
eral revenue  proposed  by  the  congress,  Feb.  1786.  Its  reception  by  the  states.  Its 
defects.  The  Annapolis  convention,  Sept.  1786.  How  it  originated..  Report  of  its 
proceedings.  How  received  by  the  states  and  congress.  The  crisis  of  the  union. 
The  proposed  federal  convention.  Response  of  the  states.  Powers  of  delegates. 
The  proposed  federal  convention  in  congress.  Proposition  of  New  York.  Of  Mas- 
sachusetts. The  convention  recommended  by  congress,  Feb.  1787.  Appointment 
of  delegates  to  by  the  states.  Their  powers.  Provision  by  congress  for  the  gov- 
ernment of  the  territorial  domain  of  the  U.  S.  A.,  1787.  The  ordinance.  The  fed- 
eral convention  at  Philadelphia,  May  14th,  1787.  Organization  of  Rules  of. 
Propositions  submitted.  Importance  of  the  crisis.  Complicities  of  the  Conven- 
tion. Sovereignty  in  the  states.  Debate  upon.  Abolition  of  the  confederation. 
Letter  of  Mr.  E.  Randolph  upon.  The  convention  at  fault.  Dr.  Fiauklin's  motion 
for  daily  prayers.     Report  of  the  convention  to  congress.     The  constitution  report- 


XVI  CONTENTS. 


ed  by  the  convention,  Sept.  lYth,  1787.  Resolutions  and  letter  accompanying  the 
report.  Action  of  congress  upon  the  report  and  resolutions.  Adoption  of  the 
constitution  by  congress.  Recommendation  of  to  the  states.  Ratifications  of 
reported  to  congress.  Ratification  of  by  Delaware.  Pennsylvania.  New  Jersey. 
Connecticut.  Georgia.  Maryland.  South  Carolina.  New  Hampshire.  Virginia. 
New  York.  Resolution  of  North  Carolina.  Proceedings  in  congress  upon,  July 
2d,  1788.  Order  of  reference  on  the  ratifications.  Report  of  the  committee  of 
reference,  Sept.  13th.  Resolution  to  carry  the  constitution  into  operation.  Pro- 
vision for  the  election  of  president  and  vice-president.  Organization  of  the  gov- 
ernment, March  4th,  1789.  Preliminary  organization  of  the  Senate,  April  6th, 
Notification  to  the  House  of  Representatives.  Organization  of  the  two  houses  to 
count  the  votes  for  president  and  vice-president.  Inauguration  of  the  vice-presi- 
dent elect,  April  21st.  His  inaugural  address.  Time  appointed  for  the  inaugura- 
tion of  the  president.  His  progress  from  Mount  Vernon  to  New  York.  His  inau- 
guration, April  30th.  His  inaugural  address  before  both  houses  of  congress.  Re- 
ply of  the  House  of  Representatives,  May  5th.  Reply  of  the  Senate,  May  18th. 
The  president's  answer  to  the  senate's  address.  The  Constitution.  Ratification  of 
by  North  Carolina.  By  Rhode  Island.  Amendments  adopted  and  recommended 
by  congress,  Sept.  1789.  Further  amendments.  Adoption  of  the  amendments  by 
the  people  and  states,  1789-91.  Act  of  congress  in  relation  to  the  Ordinance  of 
1787,  August,  1789.    Conclusion.    The  Emd.  Page  623. 


THE    GOVERNMENTAL  HISTORY 

01" 

THE  UNITED  STATES  OF  AMERICA. 


PART   I. 

THE  GOVERNMENTAL  HISTORY  OP  THE  FIRST  GRAND  DIVISION  0?  THE 

CONTINENT  OP  NORTH  AMERICA,  CALLED  THE  FIRST  COLONY  OF 

tVIRGINU-SOUIH  VIRGINIA,  OR  VIRGINIA. 

It  is  at  once  interesting  and  instructive  to  observe  introduc- 
by  what  a  singularly  slight  instrumentality,  oftentimes,  *'°"- 
great  revolutions  are  originated  and  accomplished  ;  and 
how  not  only  the  direct,  but  also  the  collateral  agencies 
set  in  operation  by  passing  events,  forward  the  plans  of 
the  Omniscient  Ruler  of  the  Universe.  Incidents, 
seemingly  the  most  trivial  and  unimportant,  have  a 
momentous  "bearing  upon  the  character  and  condition 
of  men  and  nations.  They  affect  the  purposes  of  indi- 
viduals, and,  through  them,  in  their  nearer  or  more 
remote  sequences,  the  destinies  of  communities  and 
states,  of  kingdoms  and  empires.  While  moving  in  the 
sphere  of  their  immediate  influence  we  may  not  note 
their  operation,  but  after  the  flight  of  years,  when  we 
come  to  look  back  upon  the  records  of  experience,  we 
feel  how  much  they  have  contributed  to  give  to  our 
career  its  complexion  and  its  shape. 

While  Christopher  Columbus  was  meditating  those  Specula- 
splendid  projects  which  afterwards  led  to  the  discovery  *'°"^  ^^.^ 

tr  r     o  J  enterprise 

of  America,  and  had  in   vain   appealed  to  one  and  of  Christo- 
another  of  the  powers  of  Europe  to  assist  him  in  hisfu,ybus?" 
proposed  enterprise,  he  dispatched  his  brother  Bartholo-  ne  applies 
mew  to  the  court  of  Henry  YII.  of  England,  to  nego-  *°  England 

"'  o  J  o      and  Spain 

tiate   for   the   patronage  of  that  monarch,   while   he  for  patron- 
himself  besought  the  court  of  Spain.     His  brother  was  ^^°' 


14  THE   GOVERNMENTAL   HISTORY   OF 

Part  I.  .  north  America, 

Introduc-  uiifortuiiately  captured  and  plundered  by  pirates  on  his 

'"°'  voyage ;  and  after  his  release  was  effected,  before  he 

found   himself  in   a   condition   to  appear   before  the 

Columbus  haughty  sovereign  of  England,  Columbus,  discouraged 

to^visir     ^11^  disgusted  at  the  treatment  he  was  receiving  at  the 

England  in  court  of  Spain,  indignantly  resolved  to  visit  Henrv  YII. 
person  x        '  ^  ^  j 

in  person.     Just  as  he  had  begun  to  carry  this  resolu- 
tion into  effect  the  final  overthrow  of  the  Moorish  Dy- 
nasty, by  the  conquest  of  Granada,  was  announced,  and 
How  pre-   gave  a  new  aspect  to  the  affairs  of  the  kingdom  of  Fer- 
vented.      dinand  and  Isabella.     The  triumph  filled  them  with  the 
proudest  exultation,  and  produced  a  liberality  of  dispo- 
sition which  seemed  ready  to  interest  itself  in  almost 
any  enterprise  which  might  add  the.  lustre  of  munifi- 
cence to  the  glory  of  conquest. 
Negotia-        Two  personal  friends  of  Columbus,  Alonzo  de  Quin- 
*|j°"^^?fjj jg  TANiLLA,  comptroller  of  the  finances  of  Castile,  and 
of  Coium-  Luis  de  St.  Angel,  receiver  of  the  ecclesiastical  reve- 
FerdTnand  nucs  in  Arragon,  availing  themselves  of  the  favorable 
and  Isa-    posture  of  affairs,  came  forward  and  presented  the  sub- 

bella. 

ject  of  his  proposed  enterprise  in  a  well-devised  address 
to  the  Queen. 
Their  ap-       While  congratulating  her  on  the  auspicious  triumph 
queen!*  *  ^  ^f  her  arms,  they  lauded  the  munificence  with  which 
she  had  hitherto  patronized  all  great  enterprises,  and 
expressed  their  surprise  at  her  indifference  to  a  project 
"  the  most  splendid  that  had  ever  been  proposed  to  any 
sovereign."     They  discoursed  upon  the  favorable  terms 
upon  which  Columbus  offered  to  embark  in  the  adven- 
ture, upon  his  sincerity  evinced  by  his  willingness  to 
hazard  his  own  life  and  fortunes  in  prosecuting  it ;  and 
represented,  in  his  design  to  apply  to  England,  the 
danger  of  losing  irrevocably  the  benefits  which  might 
result  from  the  success  of  his  schemes,  and  the  glory 
*  Winter-  whicli  would  ensuc  to  his  patrons.*     Then,  finally,  ap- 
Rober™     pealing  to  the  well  known  piety  of  Isabella,  they  spoke 
son.  of  the  pre-eminent  honor  she  might  win  to  herself  and 

•    her  kingdom  forever,  by  thus  extending  the  sway  of 


THE   UNITED   STATES   OP   AMERICA.  15 

HOW    AND    WHEN    DISCOVKRED.  PaUT    I. 

the  clnircli,  increasing  its  treasures,  and  bringing  within  introduc- 
its  sacred  pale  the  benighted  and  degraded  people  of 
unknown  and  heathen  lands. 

This  was  the  moment  of  all  others  the  most  oppor- 
tune, and  the  appeal  was  not  idly  or  ineffectually  made. 
Isabella  ordered  Columbus  to  be  recalled,  declared  that  Isabella 
he  should  be  employed  on  his  own  terms,  and  entered  he^i-sff/to 
so  enthusiastically  into  his  speculations,  that,  on  Ferdi- the  enter- 
nand's  suggesting  the  almost  exhausted  condition  ot 
the  treasury,  she  replied,  "  I  will  assume  the  undertak- 
ing for  my  own  crown  of  Castile,  and  am  ready  to 
pawn   my  jewels   to  defray  the  expense  of  it,  if  the 
funds  of  the  treasury  should  be  found  inadequate."*  *  Prescott, 
With  this  she  magnanimously  stript  her  jewels  from  her 
person  and  extended  them  to  St.  Angel,  who  was  so 
overjoyed  at  the  enthusiasm  of  the  Queen  that  he  seized 
and  kissed  her  hand,  and  engaged  on  his  own  respon- 
sibility to  advance  the  monies  required,  rather  than  that 
such  an  enterprise  should  be  lost  or  frustrated. 

While  these  scenes  were  enacting  at  the  court  of 
Spain,  Columbus  was  proceeding  on  his  way  towards 
England  wholly  ignorant  of  the  etforts  which  his  friends  Columbus 
were  making  in  his  behalf.     When  the  courier  of  the  [he  patron- 
Queen  overtook  him  and  announced  the  resolution  in  age  of  Isa- 
his  favor,  he  was  completely  overpowered  by  the  unex- 1492! 
pected  intelligence.     He  repaired  at  once  to  Santa  Fe 
where'  he  soon  forgot  the  wrongs  and  indignities  he  had 
suffered  during  eight  tedious  years  of  fruitless  nego- 
ciation  for  patronage,  in  the  prospect  of  and  prepara- 
tions for  his  splendid  enterprise. 

The  terms  and  conditions  for  the  adventure  were 
concluded  on  the  seventeenth  day  of  April,  1492,  as 
follows : 

I.  Ferdinand  and  Isabella,  as  sovereigns  of  the  ocean.  Terms  of 
appointed  Columbus  high-admiral  in  all  the  seas,  islands  *^^  ^"* 

■^  ^  .  °  '  enterprise 

and  continents  which  he  might  discover  and  conquer,  of  Colum- 
guaranteeing  the  office  to  him  and  his  heirs  forever,  ^'^^' 
with   the   privilege  of   prefixing  to  their  names   the 


16  THE  GOVERNMENTAL   HISTORY   OP 


Part  I.  north  America, 


the  enter- 
prise 


Introduc-  titles  of  doiis,  admirals,  viceroys,  governors,  with  the 
tion.  j.|^^  prerogatives  possessed  and  enjoyed  by  the  high- 

admiral  of  Castile,  within  the  limits  of  his  jurisdiction. 
Terms  of  II.  If  for  the  better  administration  of  affairs  in  any 
such  islands  or  territories,  it  should  be  necessary  to 
establish  a  separate  authority,  Columbus  should  have 
the  privilege  of  naming  three  persons,  and  the  crown  to 
appoint  one  of  the  three  nominated,  to  the  office  of 
governor  or  viceroy  thereof. 

III.  The  tenth  part  of  all  minerals,  and  of  the  free 
profits  accruing  from  the  productions  or  commerce  of 
or  with  such  countries,  was  given  to  Columbus  and  his 
heirs  forever. 

IV.  If  any  controversy,  or  law-suit,  should  arise  with 
regard  to  any  mercantile  transaction,  in  any  such 
country,  it  should  be  determined  by  the  sole  authority 
of  Columbus,  or  by  judges  appointed  by  him. 

V.  Columbus  to  be  entitled  to  an  additional  one- 
eighth  part  of  the  profits  as  aforesaid,  provided  he 
advanced  an  eighth  part  of  the  cost  of  the  expedi- 
tion. 

Columbus'      Under  these  favorable  auspices  Christopher  Colum- 

^"^^*  1  ?ai    bus  embarked,  on  the  third  day  of  August,  1492,  on 

age,  1492.  '  _  •'  o        7  ■> 

the  bosom  of  that  hitherto  unmeasured  ocean  which 

stretched  off  from  the  shores  of  the  old  world  into  the 

unexplored  regions  lying  towards  the  setting  of  the  sun, 

Aim  of      pledging  himself  to  his  patrons,  by  sailing  in  that  direc- 

this  expe-  ^Jqj^  ^q  discover  another  Continent  in  the  Western  Hem- 

dition.  ' 

isphere,  or  else  to  disclose  a  new  and  more  expeditious 
route  to  the  Indian  Ocean. 
The  re-  I  do  not  propose  to  enter  into  a  detail  of  his  adven- 

ex  tora-^^^  tures.  It  is  sufficient  for  my  purpose  to  remark,  that 
tions.  the  astonishing  results  of  his  explorations  disclosed  to 
mankind  the  existence  of  a  country  and  tribes  of  men 
hitherto  unknown  to  civilized  society,  and  awakened 
among  the  rival  powers  of  Europe  a  bolder  spirit  of  en- 
terprise and  adventure :  Each  became  ambitious  to 
extend  its  dominions,  to  develope  its  resources,  and  to 


THE   UNITED    STATES   OP   AMERICA.  17 

HOW   AND    WHEN    DISCOVERED.  PaRT    I. 

enrich  its  treasury  ;  and  each  fitted  out  its  expeditions  introduc- 
for  exploration  and  discovery.  ^°°' 

The  application  of  Columbus,  by  his  brother  Bartholo-  Interest  of 
mew,  to  Henry  VII.,  though  it  gained  him  no  patronage,  America 
was  not  without  its  beneficial  eflfects.     When  it  was  pro- ^^^  5*"Si- 

1         1    T        nated. 

posed  to  him  the  sagacious  monarch  comprehended  at 

once  the  magnificent  project,*  and  entered  warmly  into  *  Robert- 

the  designs  of  its  author.     The  subject  became  a  topic  ^°"" 

of  free  conversation  and  frequent  discussion  in   hisThepropo- 

Court,  the  attention  of   scientific  men  was  directed  lunibus  to 

towards  it,  and  a  spirit  of  research  and  inquiry  waspnryVll. 

awakened  and  cultivated.     The  return  of  Columbus,  ceived. 

the  triumphant  and  successful  issue  of  his  voyage,  the 

discovery  of  a  new  and  inhabited  region  beyond  the  Effect  of 

sea,  and  his  descriptions  of  the  countries  in  it  which  he  l^oratfons. 

had  visited — which  even  in  reality  seemed  far  to  surpass 

the  brightest  visions  of  the  imagination! — and  the  pres-t.^ee  Ir- 

ence  of  a  few  of  the  strange  natives  vouching  the  vera-  lumbus.  " 

city  of  his  statements,  roused  the  attention  of  the  whole 

of  Europe,  and  the  Crown  of  England  eagerly  assented 

to  the  application  of  some  of  its  subjects  to  embark  in 

a  similar  enterprise. 

But  her  attainments  in  the  art  of  navigation  were 
not  now  such  as  to  enable  her  own  subjects  to  carry 
out  these  purposes  of  exploration.     For  the  space  of 
two  centuries,  while  commerce  and  the  mechanic  arts  State  of  _ 
were  making  a  steady  progress  in  the  north  and  thCpncTin"" 
south  of  Europe,  England  had  remained  almost  insen- England, 
sible  to  the  advantages  of  her  position,  and  looked  with 
indifierence  on  those  projects  and  arts  which  have  since 
become  her  boast,  her  pride,  and  her  power.     While 
other  nations  had  been  busily  promoting  the  interests 
of  trade  and  navigation,  she  had  remained  inactive, 
unaltered,  and  unimproved:  Her  own  ships  and  sea- 
men had  not  ventured  out  of  sight  of  her  coasts,  while 
her  mariners  and  her  merchants  were  hardly  acquainted 
with  the  distant  ports  of  Europe.*  *  Bisland. 

Such  being  her  condition,  it  became  necessary,  in 
o 


18  THE   GOVERNMENTAL   HISTORY  OP 

Part  I.  north  America, 

Introduc-   order  to  carry  on  the  proposed  enterprise  of  explora- 
^^^^'         tion,  to  look  to  other  countries  for  experienced  marin- 
ers and  navigators.     Henry  accordingly  invested  Gio- 
Commis-    vanni  Gabot,  or  John  Cabot,  a  Venetian  adventurer, 
John'ca-    *^^^*^  ^*  Bristol,  with  the  chief  command  of  the  cxpedi- 
bot  and     tion.     A  commission  was  given  to  him  and  three  of  his 
March  5th  SOUS,  Lcwis,  Sebastian,  and  Sanctius,  empowering  them 
1495.        to  sail  under  the  flag  of  England,  in  any  direction,  to 
discover  countries  as  yet  unknown  to  any  Christian 
nation,  and  to  take  possession  of  the  same  in  the  name 
of  the  Crown  of  England.     This  commission  was  dated 
March  fifth,  1495,  but  Cabot  did  not  set  sail  on  the 
Sailing  of  enterprise  contemplated  until  the  fourth  of  May,  1497 ; 
!mio^^^^'  "^liGn  he  embarked  at  Bristol,  with  his  son,  Sebastian, 
May  4,       on  board  of  a  vessel  which  was  furnished  by  the  Crown, 
accompanied  by  a  squadron  of  smaller  vessels  prepared 
and  furnished  by  a  company  of  merchants  of  that  city. 
Aim  of  the     The  more  immediate  aim  of  this  expedition  was  to 
enterprise,  discover  a  new  route  to  the  East  Indies,  which,  accord- 
ing to  the  theory  of  Columbus,  it  was  now  generally 
believed,  could   be   accomplished   by   sailing   directly 
westward.     The  countries  which  he  had  already  discov- 
ered were  supposed  to  be  adjacent  to  the  Continent  of 
Asia,  and  to  form  a  part  of  the  "long  chain  of  Indian 
Islands,"  hence  they  were  called  the  West  Indies,  and 
the  inhabitants  received  the  name  of  Indians. 
Course  of      In  accordance  with  this  opinion  Cabot  directed  his 
the  voy-    course  due  West.     After  sailing  to  that  point  for  sev- 

age. 

oral  weeks  they  discovered  the  Island  of  Newfoundland. 

A  few  days  afterwards  they  reached  the  Island  of  St. 

Expedi-     Johns.     They  landed  at  each  of  them,  made  cursory 

tions  of  •'  p     ,  .1         1     1         T        . 

John  and  observations  on  the  nature  of  the  sou  and  the  climate, 
Cabofun-  ^^^^  posscssiou  of  them  in  the  name  of  the  Crown  of 
der  Henry  England,  and  taking  with  them  three  of  the  natives, 

VII     1497 

_1498.  embarked  on  their  return  voyage,  eager  to  announce 
the  result  of  the  enterprise  before  attempting  any  fur- 
ther exploration. 

The  success  of  this  expedition  encouraged  the  par- 


THE  UNITED   STATES   OP  AMERICA.  19 

now    AND   WHEN    DISCOVERED.  pART    I. 

tics  who  had  patronized  it  to  fit  out  a  second  adventure,  introduc- 
Cabot  and  his  son  Sebastian  were  the  commanders  in 
this  new  enterprise,  whose  aim  still  was  to  discover  a  Second 
passage  to  India.     Holding  his  course  to  the  westward,  tion,^  i698. 
he  reached  the  continent  of  North  America,  and  sailed  Discovery 
along  the  coast  from  56°  to  38°  N.  L.,  from  Labrador  to  tinent  of 
Virmnia.     Discovering  no  inlet  which  seemed  to  prom- ■^°''*^^. 

°  °  '■  America. 

ise  a  communication  with  the  Southern  or  Indian 
Ocean,  and  ..being  short  of  provisions,  he  returned  again 
to  England  without  having  yet  made  any  advances 
towards  a  conquest  or  settlement  of  the  country.*         *  See  Wil- 

Thus  much  of  these  incidents  in  history,  by  way  of  Bigiand. 
introduction,  to  show  how  it  was  that  this  great  Conti-  Robertson, 
ncnt  was  first  brought  to  the  knowledge  of  mankind, 
and  first  attracted  the  interest  and  the  regard  of  that 
powerful  parent  of  The  United  States  of  America,  The 
Kingdom  of  Great  Britain. 

In  this  age  of  the  world,  it  was  generally  conceded  Title  to  the 
by  the  nations  of  Europe  that  the  Supreme  title  to  all  covered'* 
pagan  countries  was  vested  in  the  Pope  of  Rome,  as  the^°"°*^y- 
Vicar  of  Christ  on  earth ;  and  that  it  was  competent  for 
"His  Holiness"  to  dispose  of  all  regions  "wherein  no 
Christian  Nation  was  dwelling  or  abiding"  to  any  Chris- 
tian Potentate.     Accordingly,  on  the  return  of  Colum- 
bus from  his  first  voyage,  Ferdinand  and  Isabella  applied 
to  the  Pope  for  a  confirmation  of  their  title  to  the  coun- 
tries which  he  had  discovered. 

The  Pontifical  Chair  was  at  this  time  filled  by  Alex-  Grant  of 
ander  YI,  "a  man  who  although  degraded  by  unre-an£vi^* 
strained  indulgence  of  the  most  sordid  appetites,  was  ^°  ^?''^^" 

.  ^  ^  '  nand  and 

endowed  by  nature  with  smgular  acuteness,  as  well  as  Isabella, 
energy  of  character."  *     He  issued  three  several  Bulls,  f^^' 
in  quick  succession,  conferring  upon  Ferdinand  and  *  Prescott. 
Isabella  and  their  successors,  the  Sovereign  title  to  all 
"  Regiones  et  Insulas,  Novi  Orbis,  in  Oceano  Occidente, 
Hispanorum  Navigationibiis  repertas;^'  and  also  to  all 
Islands  and  Countries,  which  they  might  thereafter  dis- 
cover, to  the  west  of  a  supposed  hne  drawn  from  pole 


20 


THE   GOVERNMENTAL   HISTORY   OF 


Pakt  I. 


NORTH    AMKRICA, 


to  pole  at  the  distance  of  one  hundred  leagues  to  tlie 
*  Pres-  west  of  the  Azores  and  Cape  de  Verd  Islands ;  as  well 
dinandand^^  over  all  Countries  discovered  by  them  whether  in  the 
Isabella.  1. East,  or  within  the  boundaries  of  India;  all  previous 

Hazard  s  .  , 

State  Pa-    grants  and  concessions  to  the  contrary  notwithstand- 

pers.  ij-^g  * 

Its  effect        It  is  evident  that  if  priority  of  discovery  had,  at  this 
dfscoveries*^^^*^'  been  regarded  as  conferring  an  ahsolute  title  in 


made  by 
England. 


Henry 
VII.  con- 
cedes the 


the  new  country,  Ilenry  VII.  might  in  like  manner  have 
taken  advantage  of  the  result  of  these  expeditions  to 
annex  the   Continent  of  North   America  to  his  own 
dominions.     Bu.t  the  return  of  Cabot  found  the  nation 
embroiled  in  a  war  with  a  neighboring  Island,  while 
she  had  scarcely  recovered  from  the  civil  feuds  which 
liad  then  recently  convulsed   her  western  provinces. 
Henry  VII.  was  also  too  solicitous  of  retaining  the 
t"a*' d*^  °^  friendship  of  Ferdinand,  being  engaged  in  negotiating 
rived  from  au  alliance  between  his  eldest  son  and  Catharine,  the 
the  Pope,    (laughter  of  that  monarch.     He  therefore,  courteously 
rather  than  justly,  conceded  that  the  Islands  and  terri- 
tories which  Cabot  had  discovered,  might  be  compre- 
*  Bigland.  hcndcd  withiu  the  very  liberal  grantmade  to  Ferdinand 
and  Isabella,  by  the  Pope.     Nor  had  even  kings,  in  that 
day,  the  hardihood  or  impiety  to  question  the  validity 
of  a  donative  from  the  See  of  Rome.* 

These  circumstances  and  considerations  induced  the 
Crown  of  England  to  abandon  the  idea  of  another  expe- 
dition to  the  New  World;  and  no  more  material  im- 
provement was  made  of  the  discovery  than  that  the 
private  enterprise  of  a  few  individuals  carried  on  at 
straggling  intervals  a  fishing  and  fur  trade  with  the 
natives.  A  period  of  more  than  sixty  years  was  per- 
mitted to  pass  away  before  the  Crown  became  again 
actively  interested  in  its  discoveries  in  America.  A 
variety  of  causes,  which  I  need  not  detail,  had  com- 
bined to  withdraw  attention  from  a  subject  which  was 
destined  to  become  one  of  deep  and  thrilling  interest 
to  the  whole  world. 


Robertson 
Prescott. 


Expedi- 
tions to 
America 
abandon- 
ed. 


THE  UNITED   STATES   OF   AMERICA.  .21 

TITLE    AND    INTEREST    OF    ENGLAND    IN.  PaRT    I. 

It  was  reserved  for  the  spirited  and  efficient  reign  of  Elizabeth 
Elizabeth  in  a  measure  to  accomplish  what  her  prede-  enliTprises 
cessors  had,  through  eJGfeminate  indolence,  papal  fear,  of  Com- 
negligence,  or  want  of  ability,  left  so  shamefully  undone.  Xaviga- 
The  peaceful  reign  to  which  she  succeeded,  and  the  *'^°'  ^^'^^• 
tranquility  which  attended  the  first  thirty  years  of  her 
own  auspicious  administration,  had  combined  to  pro- 
mote the  growth  of  commercial  enterprise,  to  give  a 
wider  range  to  the  investigations  of  science,  to  encour- 
age the  mechanic  arts,  and  to  protect  and  foster  all  the 
departments  of  learning,  trade,  and  industry  in  her 
kingdom.     The  rapid  progress  made  in  the  art  of  navi-  Maritime 
gation,in  a  few  years,  nearly  outran  the  attainments  of  JJ^j^^^^u^. 
more  experienced  nations,  a  navy  was  built  up,  seamen  abcth. 
were  fostered,  and  adventurers  were  encouraged  and 
multiplied.     The  wide  field  of  exploration  into  which 
she  sent  forth  her  subjects  quickened   their  energy, 
while  their  achievements  were  the  most  admirable  and 
astonishing.     But  we  must  pass  by  the  various  projects 
for  discovery  which  gave  lustre  to  her  reign,  and  con- 
fine ourselves  more  particularly  to  those  which  may  be 
regarded  as  the  origin  and  commencement  of  our  own 
Governmental  History. 

It  was  her  jealousy  of  rival  powers,  coupled  with  an  Elizabeth 
ambition  to  enlarge  her  own  dominions,  which  prompted  lt[°ntimi^ 
Elizabeth  to  turn  her  attention  to  the  New  World.     The  *»  the  New- 
proud  spirit  of  the  Tudors  could  not  brook  rivalry  or  1573.  ' 
superiority.     The  vast  revenues  which  Spain  was  reap- 
ing from  her  discoveries  in  these  new  regions  of  the 
West  excited  her  emulation;  and  she  resolved  to  ex- 
plore and  to  settle  the  country  which  had  simply  been 
discovered,  and  but  carelessly  visited.     A  few  of  her 
subjects,  men  of  rank  and  opulence,  had  caught  her 
spirit  and  projected  a  plan  for  a  permanent  settlement. 
It  was  submitted  to  the  Queen  and  met  with  her  hearty 
co-operation.  Patent  to 

On  the  eleventh  day  of  June,  1578,  she  issued  a  patent  ^([^f  "gu- 
to  Sir  Humphrey  Gilbert,  its  chief  projector,  author- bcrt,  1578. 


22  THE  GOVERNMENTAL   HISTORY  OF 

Part  I.  north  America, 

Patent  of  iziiig  and  empowering  liim  "to  discover  and  take  pos- 
to  Sit        session  of,  all  unknown  and  heathen  lands  wherein  no 
Humphrey  Christian  People  were  dwelling  or  abiding" — giving,  to 
1578.  '     him  and  his  heirs,  full  right  and  title  to  all  the  coun- 
tries of  which  he  might  take  possession ;  to  be  holden 
of  the  Crown  of  England,  rendering  homage,  and  pay- 
ing one-fifth  of  whatever  gold  or  silver  ore  might  be 
found  therein, — with  power,  to  him  and  his  heirs,  to 
dispose  of  any  portion  of  the  same  to  settlers  in  fee 
simple ;  provided  alivays,  that  such  sales  should  be  made 
agreeably  with  the  laws  of  England — the  settlers  to  have 
and  enjoy  all  the  privileges  of  free  denizens  and  natives 
of  the  mother  country,  any  law,  custom,  or  usage  to 
the  contrary  notwithstanding.     Sir  Humphrey  Gilbert 
and  his  heirs  were  invested  with  full  jurisdiction  over 
Liberal      all  the  settlements  planted  by  liim,  with  all  powers  and 
of^the'^^^  royalties,  marine,  civil  and  military ;  with  power  to  con- 
Grant,       vict,  pardon,  punish,  govern  and  rule,  as  well  in  cases 
capital  or  criminal  as  civil,  both  maritime  and  other,  all 
persons  who  from  time  to  time  should  settle  therein, 
according  to  such  laws,  statutes,  and  ordinances  as  by 
him,  his  heirs  or  assigns  should  be  devised  or  established 
for  their  better  government."     Free  license  was  given 
to  any  of  her  subjects  to  transport  themselves  and  to 
settle  in  the  countries  he  might  discover,  while  all  per- 
sons were  "  prohibited  attempting  to  plant  an  indepen- 
dent colony  within  two  hundred  leagues  of  any  place, 
which  Sir  Humphrey  Gilbert  and  his  associates  may 
have  occupied  for  the  space  of  six  years." 

Such  were  the  liberal  powers  and  immunities  with 
which  Sir  Humphrey  Gilbert  was  endowed,  and  which 
were  to  encourage  the  expedition  now  proposed  for 
planting  an  English  Colony  in  America.  His  personal 
worth  and  consideration,  united  with  the  distinguished 
exertions  of  his  half-brother  Sir  "Walter  Raleigh,  soon 
procured  a  number  of  associates  in  the  adventure.  But 
the  success  of  the  enterprise  was  not  equal  to  the  zeal 
of  its  patrons,  or  the  efforts  of  its  projector.    He  made 


THE   UNITED   STATES   OF   AMERICA.  23 

EARLY    ATTEMPTS    TO    SETTLE    THE    COUNTRY.  PaRT   I. 

two  attempts  to  plant  a  settlement  by  which  nothing  Under  the 
further  was  accomplished  than  to  take  formal  possession  Elizabeth 
of  the  continent  in  the  name  of  the  Crown.   The  absence  ^o  Sir 

.  Humphrey 

of  all  acquaintance  with  the  country,  the  insufficiency  Gilbert, 
of  the  preparations  made  for  establishing  a  so'ttlement,       ' 
the  mutinies  and  insubordination  of  his  crew,  and  the 
loss  of  his  most  valuable  vessels  by  shipwreck,  were  the 
material  causes  which  hindered  the  accomplishment  of  Termina- 
his  aims.     They  were  at  length  fully  frustrated  by  aadven- 
violent  storm  encountered  off  the  shores  of  Cape  Bre-*"'"'^^- 
ton,  during  which  his  vessel  was  wrecked  and  himself  *  Robert- 

•  1      1  •      xi  *  son.  Story. 

perished  in  the  sea.* 

The  equally  bold  and  zealous  spirit  of  Sir  Walter  Patent  to 
Raleigh,  who  did  not  accompany  these  expeditions,  was  j^'^ieigh/'' 
not  disheartened  by  the  unfortunate  fate  of  his  kinsman.  -^P^ii  27, 
He  made  an  application  to  the  Queen  and  received  a 
patent  containing  as  liberal  a  bestowment  of  powers  and 
privileges.     Under  its  protection  he  fitted  out  a  small 
expedition  which  made  a  few  discoveries  farther  to  the  Expedi- 
South,  but  did  not  effect  any  settlement.     Sailing  intOtl^igp^j^f'" 
Albemarle  and  Pamlico  sounds,  they  engaged  in  a  little  ent. 
traffic  with  the  natives,  derived  from  them  some  infor- 
mation of  the  country,  and,  taking. two  of  them  on 
board  of  their  vessel,  returned  again  to  England  in 
September  of  the  same  year. 

The  season  of  the  year  at  which  they  approached  the  Their  arri- 
coast  of  America,  combined  with  the  general  aspect  of  America. 
the  country  and  the  purity  of  the  climate,  to  produce  Aspect  of 
the  most  pleasing  impressions  upon  these  adventurers.  JJ^^  ^°^' 
The  eye  was  never  tired  with  gazing  upon,  and  the  imagi- 
nation was  completely  charmed  by,  the  wild  scenes  of 
beauty  and  luxuriance  which  opened  before  their  aston- 
ished vision.     The  majestic  Bay,  the  verdant  islands, 
the  placid  river,  the  rich  forest,  the  exuberant  soil,  and 
the  salubrious  clime,  were  a  most  enchanting  sequel  to 
the  fatigues  and  the  hardships,  the  exposure  and  the 
perils,  of  their  uncertain  and  tedious  voyage.     They 
were  remembered  and  described,  on  their  return,  with  the 


^A^.^^^"^^^^ 


24  THE   GOVERNMENTAL   HISTORY   OP 

Part  I.  Virginia, 


How         most  glowing  enthusiasm.     Elizabeth  was  so  fascinated 
Elizabeth,  "witli  their  descriptions  that  she  bestowed  upon  the  coun- 
try the  name  of  Virginia,  in  memorial  that  a  discovery 
so  felicitous  had  been  made  under  the  auspices  of  a 
Virgin  Queen. 

Sir  Walter  Raleigh  was  also  encouraged  by  these 
descriptions  of  the  country,  to  make  further  prepara- 
tions for  its  settlement,  and  accordingly  fitted  out  anoth- 
er expedition,  which  sailed  on  the  nineteenth  day  of 
April,  1585.  It  consisted  of  seven  small  vessels,  under 
the  direction  of  Sir  Richard  Grenville,  who  planted  a 
Planting  settlement  at  Roanoke,  and  entrusting  the  supervision 
oke,         of  it  to  Ralph  Lane,  set  sail  on  his  return  to  England 

1586.  ii;^  August  of  the  same  year.  This  settlement  consisted 
of  about  one  hundred  and  eight  persons,  who  were 
chiefly  occupied  in  making  scientific  observations  and 
exploring  the  resources  of  the  country.  The  approach 
and  progress  of  winter,  the  failure  of  their  stores,  the 
hostility  of  the  natives,  and  the  ravages  of  disease,  con- 
spired to  diminish  their  numbers  and  to  threaten  their 
entire  extinction.  A  few  of  them  survived  till  the 
month  of  June  following,  when  they  were  cheered  by 
the  arrival  of  Sir  Thomas  Drake,  who  was  then  return- 
ing with  a  small  fleet  from  a  naval-  expedition  against 

The  Settle- the  Spaniards  in  the  West  Indies,  and  availing  tliem- 
do^ned  '^'^' selves  of  this  opportunity  they  all  embarked  for  Eng- 

June,1586.  land. 

Harriott's       Among  tliis  liandful  of  adventurers  whose  necessities 
'  thus  compelled  them  to  return  to  their  native  land,  was 
one  Richard  Harriott,  a  man  of  much  learning  and  sci- 
ence, and  great  practical  energy  and  intelligence.     He 
had  employed  himself  industriously  during  his  adverse 
residence    on    the    New    Continent,  in   philosophical 
researches ;  in  making  observations  on  its  soil,  climate 
and  productions ;  and  upon  the  manners,  customs,  and 
Itspublica-  extent  of  its  native  population.     The  result  of  his  labors 
England     "^^^  given  to  the  public,  was  sought  after  and  read  with 

1587.  great  avidity,  and  increased  the  already  glowing  desire 


THE   UNITED   STATES   OF   AMERICA.  25 

EARLY    ATTEMPTS    TO    SETTLE    THE    COUNTKY.  PaRT    I. 

of  the  nation  for  the  occupation  and  settlement  of  the 
country.     One  of  the  principal  products  cultivated  by 
the  natives  was  tobacco;  which  was  at  this  date  first  Tobacco 
introduced   to  the   acquaintance  of  civilized   society ;  du^ecnnt'o 
specimens  of  it  were  taken  to  England,  and,  says  the  England. 
historian  of  those   times,  "the   use  of  it  was   fondly 
adopted  by  Raleigh  and  some  young  men  of  fashion." 

Early  in  the  succeeding  year  Sir  Walter  Raleigh  fitted 
out  a  third  expedition  to  America,  under  the  direction  Third  ex- 
of  Captain  John  White,  which  was  composed  of  a  large  unde^the 
number  of  adventurers  with  their  wives  and  families.  Patent  to 

Sir  Walter 

This  company  was  regularly  organized ;  they  received  Raleigh, 
a  charter  naming  them   The  Governor  and  Assistants  ^^^'^• 
of  the  City  of  Raleig-h,  in  Virginia.     Capt.  White  was  The  first 
appointed  their  Governor,  with  twelve  assistants,  who  ted  com- 
together  constituted  a  board  or  council,  in  whom  were  P^°^" 
vested  the  executive,  judicial,  and  legislative  powers  of 
the  Colony. 

Capt.  White  was  instructed  to  plant  the  settlement  on  Re-settie- 
the  shores  of  the  Chesapeake,  but  arriving  at  Roanoke  Roanoke. 
in  the  month  of  July,  when  everything  combined  to 
give  the  most  favorable  impressions  of  the  station,  he 
determined   to  remain  there,  and   at  once  set   about 
organizing  his  infant  community.     But  after  the  first 
flow  of  joyful  emotion  on  account  of  their  safe  arrival 
had  subsided,  and  they  began  to  realize  their  true  con-  Embar- 
dition,  these  adventurers  were  surprised  to  find  them-  of^t^e  "*et. 
selves  on  a  shore  covered  with  dismal  swamps,  with  tiers, 
thick  and  seemingly  interminable  forests,  inhabited  by 
naked  savage  tribes,  and  withal  to  learn  that  they  were 
but  poorly  provided  with  the  means  of  sustenance,  or 
the  appliances  necessary  for  their  permanent   settle- 
ment, safety,  and  comfort,  in  so  wild  a  region. 

A  request  was  unanimously  made  that  Capt.  White  Cap*- 
would  return  and  solicit  from  their  patrons  at  home  such  to  England 
supplies  as  were  needful  for  the  maintenance  and  pre- for  relief, 
servation  of  the  plantation.     His  appearance  in  England 
on  this  errand  happened  at  a  most  unfavorable  juncture ; 


26  THE  GOVERNMENTAL   HISTORY  OP 

Part  I.  Virginia, 

The  result  just  as  the  famous  Armada  of  the  second  Philip  of  Spain 
Bion!''  ™^'  w^s  threatening  the  kingdom.     Raleigh  and  his  coadju- 
tors were  now  occupied  with  the  more  thrilling  and 
momentous  interests  of  the  mother  country;  the  few 
and  enfeebled  adventurers  who  languished  on  the  dis- 
tant coast  of  America  were  forgotten  or  neglected,  and 
left  to  perish  without  sympathy  or  consolation. 
He  returns     Governor  White  came  over  again  to  America  in  the 
ia  uio^'  y^^r  1590,  with  supplies  and  recruits  for  the  colony,  but 
they  found  no  traces  of  its  existence,  nor  a  soul  to  tell 
the  experience  or  the  fate  of  those  who  had  so  nobly 
aeain^o     ^^^'^d  to  remain  in  it,  and  they  returned  again  to  Eng- 
Engiand.    land,  September,  1590. 

The  settle-     Here  and  thus  terminated  the  last  attempt  made  dur- 
America    "^o  ^^^^  reign  of  Elizabeth  to  settle  Virginia.     Sir  Wal- 
again       «ter  Raleigh,  whose  commanding  genius  and  splendid 
ed  i59o!    accomplishments  gave  lustre  and  energy  to  whatever 
enterprise  he  extended  his  patronage,  had  conceived  a 
new  project  of  settling  a  large  district  in  Ireland,  of 
which  he  had  received  a  grant  from  the  Queen.     Other 
projects  equally  fascinating,  and  rendered  the  more 
attractive  to  his  adventurous  spirit  because  of  the  diffi- 
culty of  their  achievement,  at  the  same  time  interested 
his  attention  and  supplanted  the  late  favorite  idea  of 
Transfer    settling  Virginia.     He  transferred  all  his  interest  in  it, 
mtrat  by  ^y  assigning  his  patent  to  Sir  Thomas  Smith  and  a  com- 
Sir  Walter  pany  of  merchants,  under  whose  auspices  several  voy- 
ages were  made  for  the  purposes  of  traffic  with  the 
Indians,  but  they  were  not  attended  with  any  noticeable 
or  praise-worthy  efforts  to  meliorate  the  condition  of 
the  country. 
Condition       Thus  at  the  decease  of  Elizabeth,  in  1603,  notwith- 
atAe^de-'^  standing  all  the  enterprise  that  had  been  lavished,  the 
cease  of     jiyes  wliich  had  been  sacrificed,  and  the  wealth  which 
1603.      '  had  been  expended,  there  was  not  one  white  man  known 
to  be  living  in  America.     Without  staying  to  speculate 
upon  the  various  causes  which  had  operated  to  prevent 
a  permanent  settlement  in  the  country,  otherwise  than 


THE   UNITED   STATES   OF   AMERICA.  27 

CONDITION    OF    AT    THE    DECEASE    OF    ELIZABETH.  PaRT    I, 

as  our  narrative  has  developed  them,  the  fact  is  one 

■which  addresses   itself  with  singular   interest  to  the 

reflective  mind.     The  conviction  can  hardly  be  resisted  The  moral 

that  this  portion  of  the  New  World  was  marked  out  by  ^ition. *'''''' 

the  Omniscient  Ruler  of  mankind,  as  the  spot  where 

should  be  witnessed  the  rise  of  a  nation,  the  history  of 

whose  government  and   institutions   should  mark  the 

developement  of  elements  m  the  human  character,  and 

in  human  government,  such  as  the  annals  of  our  race 

had  never  yet  recorded.     Neither  the  time  nor  the 

occasion  for  its  origin  had  yet  fully  come.     It  was  not 

ambition,  nor  gain,  nor  rank,  nor  wealth  which  were 

destined  to  accomplish  it.     These  shores  did  not,  like  Its  aspect 

those  discovered  by  the  Spanish  and  Portuguese  navi- J^g^^^^^.^' 

gators,  abound  in  mines  of  gold  or  of  silver  ore ;  they  pf^red  with 

presented  only  an  extended  territory,  a  genial  climate,  ish  discov- 

a  luxuriant  and  fertile  soil.     They  opened  no  fountains  *^'''^^  P 

*'     ^  America. 

whence  the  possessors  might  draw  instant  wealth,  with- 
out labor  or  industry,  but  their  value  was  to  be  known 
and  their  profit  gathered  only  in  the  fulfillment  of  the 
anathema  "  in  the  sweat  of  thy  brow  shalt  thou  eat  thy 
bread." 

No  votary  of  pleasure,  no  lover  of  indolence  or  of 
luxury,  no  effeminate  scion  of  royalty,  could  find  a 
place  convenient  for  him  on  these  desolate  and  inhosj)i- 
table  shores.  This  great  continent  was  destined  to  be 
the  abode  of  a  mighty,  magnanimous,  and  influential 
people,  and  must  be  settled  by  hardy,  industrious  and 
well-bred  adventurers,  who  must  conquer  its  heathenism, 
people  its  territories,  subdue  its  forests,  level  its  moun- 
tains, cultivate  its  plains,  and  plant  the  institutions  of  a 
free  government  and  a  free  religion  broadcast  over  its 
extended  surface,  before  they  or  mankind  should  know 
■  where  lay  buried  its  heaps  of  gold  and  its  treasures  of 
silver. 

It  is  not  till  after  the  accession  of  James  I.  to  the 
throne  that  we  find  recorded  any  further  attempts  at  a 
settlement  of  the  continent  of  North  America.    The 


28  THE  GOVERNMENTAL  HISTORY  OP 

Part  I,  Virginia, 

Creation  of  first  permanent  one  was  made  under  the  auspices  of 
and  Sec-  ^^^^  reign.  He  divided  tliat  portion  of  tlie  country  which 
ond  Colo-  lies  between  34^  and  45°  N.  L.  into  two  parts  nearly 

nyof\ir-  i        mi  i  n     t 

ginia,        cqual.     llie  one  he  called  the  First,  the  other  the 

iSe^^^'    ^^*^OND,  Colony  of  Virginia;   and  distributed  them, 

under  a  charter  dated  April  10th,  1606,  as  follows,  viz. : 

the  first  CHAETER  of  JAMES  I. 

First  char-  I.  James  I.,  by  the  "  Gro.ce  of  God,  King  of  England, 
James  L  Scotland,  France,  and  Ireland,  Defender  of  the  Faith, 
Preamble.  &G-  Whereas  our  loving  and  well  disposed  subjects. 
Sir  Thomas  Gates,  and  Sir  George  Somers,  Knights ; 
Richard  Hackluit,  Clerk,  Prebendary  of  Westminster ; 
and  Edward-Maria  Wingfield,  Thomas  Hanham,  and 
Raleigh  Gilbert,  Esqrs. ;  William  Parker,  and  George 
Popham,  Gentlemen ;  and  divers  others  of  our  loving 
subjects,  have  been  humble  suitors  unto  us,  that  wo 
would  vouchsafe  unto  them  our  licence,  to  make  habita- 
tion, plantation,  and  to  deduce  a  colony  of  sundry  of 
our  people  into  that  part  of  America,  commonly  called 
Virginia,  and  other  parts  and  territories  in  America, 
either  appertaining  unto  us,  or  which  are  not  now  actu- 
ally possessed  by  any  Christian  Prince  or  People,  situ- 
ate, lying  and  being  all  along  the  sea  coasts  between  four 
and  thirty  degrees  of  northerly  latitude  from  the  Equi- 
noctial line,  and  five-and-forty  degrees  of  the  same 
Limita-  latitude,  and  in  the  main  land  between  the  same  four- 
the^crant  ^nd-tliirty  and  five-and-forty  degrees,  and  the  Islands 
thereunto  adjacent,  or  within  one  hundred  miles  of  the 
coasts  thereof. 

II.  And  to  that  end,  and  for  the  more  speedy  accom- 
plishment of  their  said  intended  plantation  and  habita- 
tion there,  are  desirous  to  divide  themselves  into  two 
Preamble,  several  colonies  and  companies ;  the  one  consisting  of 
certain  knights,  gentlemen,  merchants  and  other  adven- 
turers, of  our  city  of  London  and  elsewhere,  which  are 
And  from  time  to  time  shall  be,  joined  unto  them, 
which  do  desire  to  begin  their  plantation  and  habita- 


THE   UNITED   STATES   OF   AMERICA.  29 


DIVISION    AND    DESIGNATION    OF    BY    JAMES    I.  PaRT    I. 


tion  in  some  fit  and  convenient  place,  between  four-and- Creation  of 
thirty  and  onc-and-forty  degrees  of  the  said  latitude,  ^l^^^  gj^** 
alono'st  the  coasts  of  Virginia  and  coast  of  America  afore- o"ti  Colo- 

ny  ot  Vir- 

sa4d  ;  and  the  other  consisting  of  sundry  knights,  gentle-  ginia, 
men,  merchants,  and  other  adventurers,  of  our  cities  of  ^pJJ^  ^^' 
Bristol  and  Exeter,  and  of  our  Town  of  Plimouth,  and  of 
other  places  which  do  join  themselves  unto  that  Colony, 
which  do  desire  to  begin  their  plantation  and  habita- 
tion in  some  fit  and  convenient  place,  between  eight- 
and-thirty  degrees  and  five-and-forty  degrees  of  the  said 
latitude),  all  alongst  the  said  coast  of  Virginia  and 
America  as  that  coast  lyeth. 

III.  We  greatly  commending  and  graciously  accept- 
ing of,  their  desires  for  the  furtherance  of  so  noble  a 
work,  which  may,  by  the  Providence  of  Almighty  God, 
hereafter  tend  to  the  Glory  of  His  Divine  Majesty,  in  Motive  of 
propagating  of  Christian  Eeligion  to  such  People  as  ° 
yet  live  in  darkness  and  miserable  ignorance  of  the  true 
knowledge  and  worship  of  God,  and  may  in  time  luring 

the  infidels  and  savages,  living  in  those  parts,  to  human 
civility,  and  to  a  settled  and  quiet  government ;  Do  by 
these  our  letters  pattents,  graciously  accept  of,  and  agree 
to,  their  humble  and  well  intended  desires. 

IV.  And  do  therefore,  for  us,  our  heirs,  and  sue- Patentees 
cessors,  grant  and  agree,  that  the  said  Sir  Thomas  Gates,  ^;°j^  oT'thc 
Sir  George    Somers,  Richard  Hackluit   and   Edward- First  Colo- 
Maria  Wingfield,  adventurers  of  and  for  our  City  of 
London,  and  all  such  others  as  are,  or  shall  be  joined 

unto  them  of  that  Colony,  shall  be  called  The  First 
Colony  :  and  they  shall  and  may  begin  their  said  first 
plantation  and  habitation,  at  any  place  upon  the  said 
Coast  of  Virginia  or  America,  where  they  shall  think 
fit  and  convenient,  between  the  said  four-and-thirty  and 
one-and-forty  degrees  of  the  said  latitude ;  and  that 
they  shall  have  all  the  lands,  woods,  soil,  grounds,  ha- 
vens, ports,  rivers,  mines,  minerals,  marshes,  waters, 
fishings,  commodities,  and  hereditaments  whatsoever, 
from  the  said  first  scat  of  their  plantation  and  habita- 


30  THE  GOVEENMENTAL   HISTORY  OF 

Part  I.  Virginia, 

Creation  of  tioii  by  the  spacc  of  fifty  miles  of  English  statute  meas- 
and  Sec-  ^^^'  towards  the  west  and  south-west,  as  the  coast  lyeth, 
ond  Colo-  with  all  the  Islands  within  one  hundred  miles  directly 

ny  of  Vir-  .  •' 

ginia,  over  agamst  the  same  sea-coast ;  and  also  all  the  lands, 
leoe/^'  ^^^^'  gi'<^^i^ds,  havens,  joorts,  rivers,  mines,  minerals, 
Limits  of  woods,  waters,  marshes,  fishings,  commodities,  and  he- 
Sony^*  reditaments  whatsoever,  from  the  said  place  of  their 
first  plantation  and  habitation  for  the  space  of  fifty  like 
English  miles,  all  along  the  said  coast  of  Virginia  and 
America,  towards  the  east  and  north-east,  or  towards 
the  north,  as  the  coast  lyeth,  together  with  all-,  the  Isl- 
ands -within  one  hundred  miles,  directly  over  against 
the  said  sea-coast ;  and  also  all  the  lands,  woods, 
soil,  grounds,  havens,  ports,  rivers,  mines,  minerals, 
marshes,  waters,  fishings,  commodities,  and  heredita- 
ments whatsoever,  from  the  same  fifty  miles  every 
way  on  the  sea-coast,  directly  into  the  main  land  by  the 
space  of  one  hundred  like  English  miles  ;  and  shall  and 
may  inhabit  and  remain  there  ;  and  shall  and  may  also 
build  and  fortify  within  any  the  same,  for  their  better 
safe-guard  and  defence,  according  to  their  best  discre- 
tion, and  the  discretion  of  the  Council  of  that  Colony : 
and  that  no  other  of  our  subjects  shall  be  permitted,  or 
suffered,  to  plant  or  inhabit  behind,  or  on  the  backside 
of  them,  towards  the  main  land,  without  the  express 
licence  or  consent  of  the  Council  of  that  Colony,  there- 
unto in  writing  first  had  and  obtained. 

Y.  And  we  do  likewise,  for  us,  our  heirs,  and  suc- 
cessors, by  these  presents,  grant  and  agree,  that  the 
Patentees  said  Thomas  Hanham,  and  Raleigh  Gilbert,  William 
ty  of  The  ^  Parker  and  George  Popham,  and  all  others  of  the  Town 
Second      of  Plimouth,  in  the  county  of  Devon,  or  elsewhere, 
which  arc,  or  shall  be,  joined  imto  them  of  that  Colony, 
shall  be  called  the  Second  Colony  :  and  that  they  shall 
and  may  begin  their  said  Plantation  and  seat  of  their  first 
abode  and  habitation,  at  any  place  upon  the  said  coast  of 
Virginia  and  America  where  they  shall  think  fit  and  con- 
venient, between  thirty-eight  degrees  of  the  said  latitude, 


THE  UNITED   STATES   OF   AMERICA.  31 

THE    FIRST    CHARTER    OF    JAMES    I.  PaRT    I. 


and  forty-five  degrees  of  the  same  latitude  ;  and  that  Creation  of 
they  shall  have  all  the  lands,  soils,  grounds,  havens,  ^^j  g^;.. 
ports,  rivers,  mines,  minerals,  woods,  marshes,  waters,  ^"^J^^^^; 
fishings,  commodities,  and  hereditaments,  whatsoever,  giuia, 
from  the  first  seat  of  their  plantation  and  habitation,  by  ^JJ^|  i^' 
the  space  of  fifty  like  English  miles,  as  is  aforesaid,  all 
along  the  said  coast  of  Virginia  and  America,  towards  the 
west  and  south-west,  or  towards  the  south  as  the  coast 
lyeth,  and  all  the  Islands  within  one  hundred  miles  di- 
rectly over  against  the  said  sea-coast ;  and  also  all  the 
lands,  soils,  grounds,  havens,  ports,  rivers,  mines,  mine- 
rals, woods,  marshes,  waters,  fishings,  commodities,  and 
hereditaments  whatsoever,  from  the  said  place  of  the 
first  plantation  and  habitation  for  the  space  of  fifty  like 
miles  all  along  the  coast  of  Virginia  and  America,  towards 
the  east  and  north-east,  or  towards  the  north,  as  the  Limits  of 
coast  lyeth,  and  all  the  Islands  also  within  one  hundred  ^^^^  ^^^^_ 
miles  directly  over  against  the  same  sea-coast ;  and  also  ny. 
all  the  lands,  soils,  grounds,  havens,  ports,  rivers,  woods, 
mines,   minerals,  marshes,  waters,  fishings,  commodi- 
ties, and  hereditaments,  whatsoever,  from   the  same 
fifty  miles  every  way  on  the  sea-coast,  directly  into  the 
main  land,  by  the  space  of  one  hundred  like  English 
miles ;  and  shall  and  may  inhabit  and  remain  there ; 
and  shall  and  may  also  build  and  fortify  within  any 
the  same  for  their  better  safeguard,  according  to  their 
best  discretion,  and  the  discretion  of  the   Council  of 
that  Colony ;  and  that  none  of  our  subjects  shall  be 
permitted,  or  sufiercd,  to  plant  or  inhabit  behind,  or 
on  the  back  of  them,  towards  the  main  land,  without 
the  express  licence  of  the  Council  of  that  Colony  in 
writing  thereunto  first  had  and  obtained. 

VI.  Provided  ahvays,  and  our  will  and  pleasure  here-  Proviso. 
in  is  that  the  Plantation  and  habitation  of  such  of  the 
said  Colonies,  as  shall  last  plant  themselves,  as  aforesaid, 
shall  not  be  made  within  one  hundred  like  English 
miles  of  the  other  of  them,  that  first  began  to  make 
their  plantation,  as  aforesaid. 


32  THE   GOVERNMENTAL    HISTORY   OF 

Part  I.  tirginia, 

Creationof  VII.  And  we  do  also  ordain,  establish,  and  agree,  for 
and  Sec-  ^^5  ^^^  lieirs,  and  successors,  that  each  of  the  said  Colo- 
ond  Colo-  nies  shall  have  a  Council,  which  shall  govern  and  order 

ny  of  Vir-    ,,  i  •   ,      ,     ii       . 

ginia,        ^11  matters  and  causes  which  shall  arise,  grow  or  happen, 
iio6  ^^'    *^  ^^'  within  the  same  several  Colonies,  according  to 
How  to  be  such  laws.  Ordinances,  and  instructions,  as  shall  be  in 
governed,  n^c^i  behalf,  given  and  signed  with  our  hand  or  sign 
manuel,  and  pass  under  the  Privy  Seal  of  our  realm  of 
England ;  each  of  which  Councils  shall  consist  of  thir- 
teen persons,  to  be  ordained,  made,  and  removed,  from 
time  to  time,  according  as  shall  be  directed  and  corn- 
Councils  to  pi'ised  in  the  same  instructions ;  and  shall  have  a  several 
have  Seals,  seal,  for  all  matters  that  shall  pass  or  concern  the  same 
several  Councils;  each  of  which  seals  shall  have  the 
King's  arms  engraven  on  the  one  side  thereof,  and  his 
portraiture  on  the  other ;  and  that  the  seal  for  the  Coun- 
cil of  the  said  First  Colony  shall  have  engraven  round. 
Seal  of  the  about,  Oil  the  0110  side,  these  words,  Sisrillum  Resris 

First   Colo-    ^^  '         _,  -^^  ■  TTw  .  1  , 

ny.  Mag-nce  Bntanmce,  FranacB,  et  Hibermce;  on  the  other 

side  this  inscription  round  about;  Pro  Concilio  Primes 
ColonicB  VirginicE.     And  the  seal  for  the  Council  of  the 

Seal  of      ^^^^  Second  Colony  shall  also  have  engraven  round 

the  Second  about  the  onc  side  thereof  the  aforesaid  words :  Sigillum 
Regis  Mag-nce  Britannics,  Francice,  et  Hibernice;  and 
on  the  other  side.  Pro  Concilio  Secundce  Colonice^  Vir- 
ginifE. 

Supreme        VIII.  And  that  also  there  shall  be  a  Council  estab- 

Councii  in  Hshed  here  in  England,  which  shall,  in  like  manner,  con- 

°      '    sist  of  thirteen  persons,  to  be,  for  that  purpose,  appointed 

by  us,  our  heirs  and  successors,  which  shall  be  called  our 

Council  of  Virginia  ;  and  shall  from  time  to  time,  have 

.  the  superior  managing  and  direction,  only  of  and  for  all 

tion  of.  matters,  that  shall  or  may  concern  the  government,  as 
well  of  the  said  several  Colonies,  as  of  and  for  any  other 
part  or  place,  within  the  aforesaid  f)recincts  of  four- 
and-thirty  and  five-and-forty  degrees,  abovementioned; 

Seal  of.  which  Council  shall,  in  like  manner,  have  a  seal,  for 
matters  concerning  the  Council  or  Colonies,  with  the 


THE   UNITED   STATES   OF   AMERICA.  33 

THE    FIRST    CHARTER    OF    JAMES    I.  PaRT    I. 

like   arms  and  portraiture,  as  aforesaid,  with  this  in- Creation 
scription,   engraven    round    about   on   the   one   side :  ^^^  g^^. 
Siffillum  Ri'f^is  Ma(^n(B,  Britannice,  Francics,  et  Hiber-  ond  Coio- 
nice;  and  round  about  the  other  side,  Pro  Concilia  sua  ginia, 

nrginia:.  f^S'.'"' 

IX.  And  moreover,  we  do  grant  and  agree,  for  us,  Power  to 
our  heirs  and  successors,  that  the  said  several  Councils,  ^^^^'^^^  ^^"^ 
of  and  for  the  said  several  Colonies,  shall  and  lawfully  mines. 
may,  by  virtue  hereof,  from  time  to  time,  without  any 
interruption  of  lis,  our  heirs  or  successors,  give  and 

take  order,  to  dig,  mine,  and  search  for  all  manner  of 
mines  of  gold,  silver,  and  copper,  as  well  within  any 
part  of  their  said  several  Colonies,  as  of  the  said  main 
lands  on  the  backside  of  the  same  colonies ;  and  to  have  Ores  how 
and  enjoy  the  gold,  silver,  and  copper,  to  be  gotten  *°g'^'^^'||^' 
thereof,  to  the  use  and  behoof  of  the  same  Colonies, 
and  the  plantations  thereof;  yielding  therefor  to  us,  our 
heirs  and  successors,  the  fifth  part  only  of  all  the  same 
gold  and  silver,  and  the  fifteenth  part  of  all  the  same 
copper,  so  to  be  gotten  or  had,  as  is  aforesaid,  without 
any  other  manner  of  profit  or  account,  to  be  given  or 
yielded  to  us,  our  heirs,  or  successors,  for  or  in  respect 
of  the  same. 

X.  And  they  shall,  or  lawfully  may,  establish  and  May  coin 
cause  to  be  made  a  coin,  to  pass  current  there  between    ^"^^* 
the  people  of  those  several  Colonies,  for  the  more  ease 

of  traffick  and  bargaining  between  and  amongst  them 
and  the  natives  there,  of  such  metal,  and  in  such  man- 
ner and  form,  as  the  said  several  councils  there  shall 
limit  and  appoint. 

XI.  And  we  do  likewise,  for  us,  our  heirs  and  sue- May  solicit 
cessors,  by  these  presents,  give  full  power  and  authority  ^"•^^'■^^is- 
to  the  said  Sir  Thomas  Gates,  Sir  George  Somcrs,  Rich- venturers, 
ard  Hacluit,  Edward-Maria  Wingfield ;  Thomas Hanham, 
Raleigh  Gilbert,  "William  Parker  and  George  Popham ; 

and  to  every  of  them,  and  to  the  said  several  companies, 
plantations,  and  colonies,  that  they  and  every  of  them, 
shall  and  may  at  all  and  every  time  and  times  hereafter, 
3 


34  THE   GOVERNMENTAL   HISTORY   OP 

Part  I.  Virginia, 

Creation  have,  take,  and  lead  in  the  said  voyage,  and  for  and 
and^Se^-"^^*  towards  the  said  several  Plantations  and  Colonies,  and 
ond  Colo-  to  travel  thitherward,  and  to  abide  and  inhabit  there,  in 
ginia,  every  the  said  Colonies  and  Plantations,  such  and  so 
ffiofi  ^*^'  ^^^ly  o^  <^^^'  subjects,  as  shall  willingly  accompany  them, 
or  any  of  them,  in  the  said  voyages  and  plantations; 
May  fit  out  witli  sufficient  shipping,  and  furniture  of  armour,  weap- 
and furnish  Qj^g^  orduancc,  powder,  victual,  and  all  other  things 

SilipSj  etc*  T    rt  1       •  -I 

necessary  for  the  said  Plantations,  and  for  their  use  and 
Proviso,     defence  there.     Provided  alivays,  that  none  of  the  said 
persons  be  such,  as  shall  hereafter  be  specially  restrained 
by  us,  our  heirs,  or  successors. 
May  repel       ^H-  Moreover,  we  do,  by  these  presents,  for  us,  our 
intruders,  hcirs  and  succcssors,  give  and  grant  licence  unto  the 
said  Sir  Thomas  Gates,  etc.,  and  to  every  of  the  said 
Colonies,  that  they,  and  every  of  them,  shall  and  may, 
from  time  to  time,  and  at  all  times  forever  hereafter,  for 
their  several  defences,  encounter,  expulse,  repel  and 
resist,  as  well  by  sea  as  by  land,  by  all  ways  and  means 
whatsoever,  all  and  every  such  person  and  persons,  as 
without  the  special  licence  of  the  said  several  Colonies 
and  plantations,  shall  attempt  to  inhabit  within  the  said 
several  precincts  and  limits  of  the  said  several  colonies 
and  plantations,  or  any  of  them,  or  that  shall  enterprise 
or  attempt,  at  any  time  hereafter  the  hurt,  detriment, 
or  annoyance,  of  the  said  several  colonies  or  planta- 
tions. 
Power  to        XIII.  Giving  and  granting,  by  these  presents,  unto 
^esft-om    *^^^  s^^^  ^i^'  Thomas  Gates,  etc.,  and  their  associates  of 
Traders  to  the  Said  First  Colony ;  and  unto  the  said  Thomas  Han- 
nies.  "^"    ham,  etc.,  and  their  associates  of  ttie  said  Second  Colo- 
ny, and  to  every  of  them  from  time  to  time,  and  at  all 
times  forever  hereafter  power  and  authority  to  take  and 
surprise,  by  all  ways  and  means  whatsoever,  all  and 
every  person  and  persons,  with  their  ships,  vessels,  goods, 
and  other  furniture,  which  shall  be  found  trafficking, 
into  any  harbour  or  harbours,  creek  or  creeks,  or  place, 
within  the  limits  or  precincts  of  the  said  several  colo- 


THE   UNITED   STATES   OF   AMERICA.  35 

THE    FIRST    CHARTER    OF   JAMES    I.  pART    I, 

nies  and  plantations,  not  being  of  the  same  colony,  nntil  Creation 

such  time,  as  they,  being  of  any  realms  or  dominions  a^j'^p^.l.'"^* 

under  our  obedience,  shall  pay  or  agree  to  pay,  to  theondCoio- 

hands  of  the  Treasurer  of  that  Colony,  within  whose  ginia, 

limits  and  precincts  they  shall  so  traffick,  two  and  a  half  ^P"^  ^^' 

upon  every  hundred,  of  any  thing  so  by  them  trafficked.  Duties  on 

bought,  or  sold;     And  being  strangers  and  not  subjects ^7^'^^t 

under  our  obeysance,  until  they  shall  pay  five  upon 

every  hundred,  of  such  wares  and  merchandises,  as  they  On  stran- 

shall  traffick,  buy,  or  sell,  within  the  precincts  of  the  ^^^^' 

said  several  Colonies,  wherein  they  shall  so  traffick,  buy.  Duties  to 

or  sell,  as  aforesaid :     Which  sums  of  money,  or  benefit  [^l  ^^i^, 

as  aforesaid,  for  and  during  the  space  of  one  and  twen-  i^ies  for  21 

ty  years,  next  ensuing  the  date  hereof,  shall  be  wholly  then  to  the 

employed  to  the  use,  benefit,  and  behoof  of  the  said^'"°^°* 

several  plantations,  where  such  traffick  shall  be  made ; 

and  after  the  said  one  and  twenty  years  ended,  the 

same  shall  be  taken  to  the  use  of  us,  our  heirs,  and 

successors,  by  such  officers  and  ministers,  as  by  us,  our 

heirs  and  successors,  shall  be  thereunto  assigned  or 

appointed. 

XIV.  And  we  do  further,  by  these  presents,  for  us, 

our  heirs,  and  successors,  give  and  grant  unto  the  said 

Sir  Thomas  Gates  etc.,  and  to  their  associates  of  the 

said  First   Colony  and   plantation ;    and   to  the   said 

Thomas  Hanham  etc.,  and  their  associates  of  the  said 

Second  Colony  and  plantation,  that  they,  and  every  of 

them,  by  their  deputies,  ministers,  and  factors,  may 

transport  the    goods,  chattels,  armour,  munition,  and  certain 

furniture,  needful  to  be  used  by  them,  for  their  said  articles  ex- 
'  .  empt  from 

apparel,  food,  defence,  or  otherwise  m  respect  of  the  duties, 
said  plantations,  out  of  the  realms  of  England  and  Ire- 
land, and  all  other  our  dominions,  from  time  to  time, 
for  and  during  the  time  of  seven  years,  next  ensuing 
the  date  liereof,  for  the  better  relief  of  the  said  several 
colonies  and  plantations,  without  any  custom,  subsidy, 
or  other  duty,  unto  us,  our  heirs,  or  successors,  to  be 
yielded  or  paid  for  the  same. 


36 


THE   GOVERNMENTAL    HISTORY   OF 


Part  I. 


VIRGINIA, 


Creation 
of  the  First 
and  Sec- 
ond Colo- 
ny of  Vir- 
ginia, 
April  10, 
1606. 
Inhabit- 
ants and 
their  chil- 
dren to 
have  all  the 
privileges 
of  British 
subjects. 


Penal  re- 
strictions 
on  trade. 


Proviso 
against 
Robberies 
and  Pira- 
cies. 


XY.  Also  we  do,  for  us,  our  heirs,  and  successors, 
declare,  by  these  presents,  that  all,  and  every  the  per- 
sons, being  our  subjects,  which  shall  dwell  and  inhabit 
within  every  or  any  of  the  said  several  Colonies,  and 
plantations,  and  every  of  their  children,  which  shall  hap- 
pen to  be  born  within  any  of  the  limits  and  precincts 
of  the  said  several  colonies  and  plantations,  shall  have 
and   enjoy   all   liberties,   franchises,   and   immunities, 
within  any  of  our  dominions,  to  all  intents  and  purposes, 
as  if  they  had  been  abiding  and  born,  within  this  our 
realm  of  England,  or  any  other  of  our  said  Dominions. 
XVI.  Moreover,  our  gracious  will  and  pleasure  is, 
and  we  do,  by  these  presents,  for  us,  our  heirs,  and  suc- 
cessors, declare  and  set  forth,  that  if  any  person  or  per- 
sons, which  shall  be  of  any  of  the  said  colonies  and 
plantations,  or  any  other,  which  shall  traffick  to  the 
said  colonies  and  plantations,  or  any  of  them,  shall  at 
any  time  or  times  hereafter,  transport  any  wares,  mer- 
chandises, or  commodities,  out  of  any  of  our  dominions, 
with  a  pretence  to  land,  sell,  or  otherwise  dispose  of  the 
same,  within  any  the  limits  and  precincts  of  any  the 
said  Colonics  and  plantations,  and   yet   nevertheless, 
being  at  sea,  or  after  he  hath  landed  the  same  within 
any  of  the  said  Colonies  and  plantations,  shall  carry  the 
same  into  any  foreign  country,  with  a  purpose  there  to 
sell  or  dispose  of  the  same,  without  the  licence  of  us, 
our  heirs,  and  successors,  in  that  behalf  first  had  and 
obtained  ;  that  then,  all  the  goods  and  chattels  of  such 
person  or  persons,  so  offending  and  transporting,  to- 
gether with  the  said  ship  or  vessel,  wherein  such  trans- 
portation was  made,  shall  be  forfeited  to  us,  our  heirs, 
and  successors. 

XVII.  Provided  always,  and  our  will  and  pleasure 
is,  and  we  do  hereby  declare  to  all  Christian  Kings, 
Princes,  and  States,  that  if  any  person  or  persons,  which 
shall  hereafter  be  of  any  of  the  said  several  Colonies 
and  plantations,  or  any  other,  by  his,  their  or  any  of 
their  licence  and  appointment,  shall,  at  any  time  or 


THE   UNITED    STATES   OP   AMERICA.  37 


THE    FIRST    CHARTER    OF    JAMES    I.  PaRT    I. 


times  hereafter,  rob  or  spoil,  by  sea  or  by  land,  or  do  Creation  of 
any  act  of  unjust  and  unlawful  hostility,  to  any  the  and^Soc- 
subjccts  of  us,  our  heirs  or  successors ;  or  any  the  sub-  «'"i  Coio- 
jects  of  any  King,  Prince,  Ruler,  Governor,  or  State,  ginia, 
beino;  then  in  leaoruc  and  amity  with  us,  our  heirs,  or  :^P"^  ^^' 

O  D  J  ^  7  7  1606. 

successors ;  and  that  upon  such  injury,  or  upon  just 
complaint  of  such  Prince,  Ruler,  Governor,  or  State,  or 
their  subjects,  we,  our  heirs,  or  successors,  shall  make 
open  proclamation,  within    any  of  the  ports  of  our 
Realm  of  England,  commodious  for  that  purpose,  that 
the  person  or  persons,  having  committed  any  such  rob- 
bery or  spoil,  shall,  within  the  term  to  be  limited  by 
such  proclamation,  make  full  restitution  or  satisfaction 
of  all  such  injuries  done ;  so  as  the  said  Princes,  or 
others  so  complaining,  may  hold  themselves  fully  satis- 
fied and  contented ;  and  that,  if  the  said  person  or  per- 
sons, having  committed  such  robbery  or  spoil,  shall  not 
make,  or  cause  to  be  made,  satisfaction  accordingly, 
within  such  time  so  to  be  limited,  that  then  it  shall  be 
lawful  to  us,  our  heirs,  and  guccessors,  to  put  the  said 
person  or  persons  having  committed  such  robbery  or 
^poil,  and  their  procurers,  abetters,  or  comforters,  out 
of  our  allegiance  and  protection  ;  and  that  it  shall  be 
lawful  and  free  for  all  Princes,  and  others,  to  pursue 
with  hostility  the  said  offenders,  and  every  of  them,  and 
their  and  every  of  their  procurers,  aiders,  abetters,  and 
comforters,  in  that  behalf. 

XVIII.  And  finally,  we  do,  for  us,  our  heirs,  and 
successors,  grant  and  agree,  to  and  with  the  said  Sir  Lands  how 
Thomas  Gates  etc.,  and  all  others  of  the  said  First  Col- ^*J.J^°g^j 
ony,  that  we,  our  heirs  and  successors,  upon  petition  ai«l  held     . 
in  that  behalf  to  be  made,  shall,  by  letters  patent  under  First  Colo- 
the  great  seal  of  England,  give  and  grant  unto  such  '^^'• 
persons,  their  heirs,  and  assigns,  as  the  Council  of  that 
Colony,  or  the  most  part  of  them,  sluall,  for  that  pur- 
pose nominate  and  assign,  all  the  lands,  tenements,  and 
hereditaments  which  shall  be  within  the  precincts  lim- 
ited for  that  Colony,  as  is  aforesaid,  to  be  holden  of  us, 


38  THE   GOVERNMENTAL    HISTORY   OF 

Part  I.  Virginia, 


Creation  our  heirs,  and  successors,  as  of  our  Manor  of  East- 
First  and  Crreenwich,  in  the  County  of  Kent,  in  free  and  corn- 
Second  mon  soccage  only,  and  not  in  capite. 
Virginia,  XIX.  And  do,  in  like  manner,  grant  and  agree  for 
^F/^  ^^'  lis,  our  heirs,  and  successors,  to    and  with    the  said 

loOo. 

Thomas  Hanham  etc.,  and  all  others  of  the  said  Second 
Colony,  that  we,  our  heirs  and  successors,  upon  petition 
in  that  behalf  to  be  made,  shall,  by  letters  patent,  un- 
der the  great  seal  of  England,  give  and  grant  unto  such 
persons,  their  heirs,  and  assigns,  as  the  Council  of  that 
Lands  how  Colony,  or  the  most  part  of  them,  shall,  for  that  pur- 
veveVand  V^^^j  nominate  and  assign,  all  the  lands,  tenements, 
held  in  the  and  hereditaments,  which  shall  be  within  the  precincts 
Colony,      limited  for  that  Colony,  as  is  aforesaid,  to  be  holden  of 
us,  our  heirs,  and  successors,  as  of  our  Manor  of  East- 
Greenwich  in  the  County  of  Kent,  in  free  and  common 
soccage  only,  and  not  in  capite. 

XX.  All  which  lands,  tenements,  and  hereditaments, 
so  to  be  passed  by  the  said  several  letters  patent,  shall 
be  sufficient  assurance  from  the  said  Patentees,  so  dis- 
tributed and  divided  amongst  the  undertakers  for  the- 
plantation  of  the  said  several  Colonies,  and  such  as 
shall  make  their  plantations  in  either  of  the  said  several* 
Lands  con-  Colonies,  in  such  manner  and  form,  and  for  such  estates, 
veyed  by  g^g  ^i^qH  j^g  ordered  and  set  down  by  the  Council  of  the 
assured  to  said  Coloiiy  or  the  most  part  of  them,  respectively, 
settlers,  ^j^i^ji^  which  the  same  lands,  tenements,  and  heredita- 
ments shall  lye  or  be;  although  express  mention  of 
the  true  yearly  value,  or  certainty  of  the  premises,  or 
any  of  them,  or  of  any  other  gifts  or  grants,  by  us,  or 
any  of  our  progenitors  or  predecessors  to  the  aforesaid 
Sir  Thomas  Gates,  knight,  Sir  George  Somers,  knight ; 
Richard  Ilackluit,  Edward-Maria  Wingfield,  Thomas 
Hanham,  Raleigh  Gilbert,  William  Parker,  and  George 
Popham,  or  any  of  them,  heretofore  made,  in  these 
presents,  is  not  made ;  or  any  statute,  act,  ordinance, 
or  provision,  proclamation,  or  restraint,  to  the  contrary 
hereof  had,  made,  ordained ;  or  any  other  thing,  cause 


THE   UNITED    STATES   OF  AMERICA.  39 


THE    FIRST    CHARTER    OF    JAMES    I.  TaRT    I. 


or  matter  whatsoever,  in    any  wise    notwithstanding.  Creation  of 
111  witness  whereof,  we  have  caused  these  our  letters  and  sec- 
to  be  made  patents ;  witness  ourself  at  Westminster,  o"d  Coio- 

„     ,       -rw    .        "y  of  Vir- 

the  tenth  day  of  April  in  the  fourth  year  of  the  Reign  ginia, 
of  England,  France,  and  Ireland,  and  of  Scotland  the  f^^'l  ^^' 
nine-and-thirtieth. 

LUKIN. 

Per  breve  de  priviato  Sigillo* 


These  letters  Patent  were  followed  m  November  of  }^  ^^J^' 

1  .  P  ,1  A      •   1        T  •  ,  mag's  Stat- 

the  same  year  by  a  series  oi  ^^  Articles,  Instructions,  and  utes,  57. 
Orders,  made,  set  down  and  established  by  us,  the  twen- 
tieth day  of  November,  in  the  year  of  our  Raigne  of 
England,  France,  and  Ireland,  the  fourth,  and  of  Scot- 
land the  fortieth,  for  the  good  order  and  government  of 

THE  TWO  SEVERAL  COLONIES  AND  PLANTATIONS  to  be  made 

by  our  loving  subjects,  in  the  Country  commonly  called 
Virginia  and  America,  between  thirty-four  and  forty- 
five  degrees  from  the  (Equinoctial  line. 

Whereas  we,  by  our  letters  patents,  under  our  great  Recital  of 
seal  of  England,  bearing  date  at  Westminster,  the  tenth 
day  of  April  in  the  year  of  our  raigne  of  England, 
France,  and  Ireland,  the  fourth,  and  of  Scotland  the 
thirty-ninth,  have  given  licence  to  sundry  our  loving 
subjects  named  in  the  said  letters  pattents  and  to  their 
associates,  to  deduce  and  conduct  two  several  Colonies 
or  Plantations  of  sundry  our  loving  people  willing  to 
abide  and  inhabit  in  certain  parts  of  Virginia  and  Amer- 
ica, with  divers  pre-heminences,  privileges,  authorities 
and  other  things,  as  in  and  by  the  same  letters  pattents 
more  particularly  it  appeareth,  we  according  to  the 
effect  and  true  meaning  of  the  same  letters  pattents,  do 
by  these  presents,  signed  with  our  hand,  sign  manuel 
and  sealed  with  our  Privy  seal  of  our  Realm  of  Eng- 
land, establish  and  ordaine,  that  our  trusty  and  well 
beloved  Sir  William  Wade,  knight ;  our  Lieutenant  of 
our  Tower  of  London  ;  Sir  Thomas  Smith,  knight ;  Sir 


40 


THE   GOVERNMENTAL    HISTORY   OF 


Part  I. 


VIRGINIA, 


Instruc- 
tions fur 
the  gov- 
ernment 
of  the 
First  and 
Second 
Colony, 
Nov.  20, 
1006, 


The  King's 
Council 
c  tab- 
lished. 


Their 
powers, 


Members 
of  the 
Colonial 
Counccls, 
how  ap- 
pointed. 


Walter  Cope,  knight;  Sir  George  Moor,  knight;  Sir 
Francis  Popeham,  knight ;  Sir  Fernando  Gorges, 
knight;  Sir  John  Trevor,  knight;  Sir  Henry  Monta- 
gue, knight,  recorder  of  the  city  of  London  ;  Sir  Wil- 
liam Eumney,  knight ;  John  Dodderidge,  Esq.,  Solicit- 
or General ;  Thomas  Warr,  Esqr ;  John  Eldred  of  the 
City  of  London  Merchant ;  Thomas  James  of  the  City 
of  Bristol  Merchant ;  and  James  Bagge  of  Plymouth, 
1  in  the  County  of  Devonshire  Merchant :  Shall  be  our 
Councel  for  all  matters  which  shall  happen  in  Virginia 
or  any  the  territories  of  America,  between  thirty-four 
and  forty-five  degrees  from  the  a^quinoctial  line,  north- 
ward, and  the  Islands  to  the  several  Colonies  limited 
and  assigned,  and  that  they  shall  be  called  the  King's 
Councel  of  Virginia,  which  Councel,  or  the  most  part 
of  them  shall  have  full  power  and  authority,  at  our 
pleasure,  in  our  name,  and  imder  us,  our  heirs,  and  suc- 
cessors ;  to  give  directions  to  the  councels  of  the  sev- 
eral Colonics  which  shall  be  within  any  part  of  the  said 
Country  of  Virginia  and  America  within  the  degrees  first 
above  mentioned,  with  the  Islands  aforesaid,  for  the 
good  government  of  the  people  to  bo  planted  in  those 
parts,  and  for  the  good  ordering  and  disposing  of  all 
causes  happening  within  the  same,  and  the  same  to  be 
done  for  the  substance  thereof,  as  near  to  the  Common 
Lawes  of  England,  and  the  equity  thereof  as  may  be, 
and  to  pass  under  our  seal,  appointed  for  that  Councel ; 
which  Councel,  and  every  and  any  of  them  shall,  from 
time  to  time  be  increased,  altered,  or  changed,  and  oth- 
ers put  in  their  places,  at  the  nomination  of  us,  our 
heirs,  and  successors,  and  at  their  and  our  will  and 
pleasure ;  and  the  same  Councel  of  Virginia,  or  the 
more  part  of  them,  for  the  time  being,  shall  nominate 
and  appoint  the  first  several  councellors  of  those  several 
Colonies,  which  are  to  be  made  Colonies  or  Plantations 
in  Virginia  and  America,  between  the  degrees  before 
mentioned  according  to  our  said  letters  pattents  in  that 
behalf  made ;  and  that  each  of  the  same  councels  of 


THE   UNITED   STATES   OF  AMERICA.  41 

GOVERNMENT    OF,    UNDER    THE    FIRST    CHARTER.  PaRT    J. 


the  same  several  Colonies  shall,  by  the  major  part  of  instruc- 
thcm,  choose    one  of   the    same    Coimccl,  not  being:  l'""^'*""' 

'  '  o  ^sov.  20, 

tlie  minister  of-  God's    word,   to  be  president  of  the  lo'^tj- 
same  Counccl,  and  to  continue  in  that  office,  by  the  P'"*'';'*^''"* 

'  '      -^  of  Colonial 

space  of  one  whole  year,  unless  ho  shall  in  the  mean  Councils, 
time  dye  or  be  removed  from  that  office :     And  wee  do  chosen 
further  hereby  establish   and  ordain,  that  it  shall  be 
lawful  for  the  major  part  of  cither  of  the  said  Counccls, 
upon  any  just  cause,  either  absence  or  otherwise,  to 
remove  the  President,  or  any  other  of  that  Councel  Removal 
from  being  either  President,  or  any  of  that  Councel ;    ' 
and  upon  the  deaths,  or  removal  of  any  of  the  Presi- 
dents, or  Councel,  it  shall  be  lawful  for  the  major  part 
of  that  Councel  to  elect  another  in  the  place  of  the 
party  soe  dying  or  removed,  soe  always,  as  they  shall  i^'',^^«i*j^j 
not  be  above  thirteen  of  cither  of  the  said  Councel- 
lours.     And  wee  doe  establish,  and  ordaine,  that  the  '^^^  °i 

n^  p  T-»       •  1  olnce  of 

President  sliall  not  continue  in  his  office  of  President- President, 
ship  above  the  space  of  one  year : 

And  wee  doe  specially  ordaine,  charge,  and  require, 
the  said  Presidents  and  Councels,  and  the  ministers  of  ^j.^^  j^^^f* 
the  said  several  Colonics  respectively,  within  their  several  g'on  to  be 
limits  and  precincts,  that  they,  with  all  diligence,  care  and  the 
and  respect,  doe  provide  that  the  true  word,  and  service  ^''^^^^/o  be 

ir        T  1  '  preached 

of  God  and  Christian  faith  be  preached,  planted,  and  among 
used,  not  only  within  every  of  the  said  several  Colonies  Eu^md '° 
and  Plantations,  but  also  as  much  as  they  may  among 
the  Savage  people,  wliich  doe  or  shall  adjoine  them,  or 
border  upon  them,  according  to  the  doctrine,  rights, 
and  religion  now  professed  and  established  within  our 
Realm  of  England ;  and  that  they  sliall  not  suffer  any  Penalty 
person  or  persons  to  withdrawe  any  of  the  subjects  or  |j|.awin^' 
people  inhabiting,  or  which  shall  inhabit  within  any  of  persons 
the  said  several  Colonies  and   Plantations,  from  the  religion  or 
same,  or  from  their  due  allegiance  unto  us,  our  heirs,  and  ^^Uegiance. 
successors,  as  their  immediate  soveraigne  under  God ; 
and  if  they  shall  find  within  any  of  the  said  Colonies 
and  Plantations,  any  person  or  persons  so  seeking  to 


42 


THE  GOVERNMENTAL    HISTORY   OP 


Part  I. 


VIRGINIA, 


Instruc- 
tions, &c. 
Nov.  20, 
1606. 


Lands, 
how  to 
descend 
and  pass. 


Capital  of- 
fences. 
Enumer- 
ated. 


Penalty, 
death  with- 
out benefit 
of  Clergy ; 
in  what 
cases. 


Colonial 
Council, 
Jurisdic- 
tion of. 


Trial  by 
Jury  pro- 
vided for. 


witlidrawe  any  of  the  subjects  of  us,  our  heirs  and  suc- 
cessors, or  any  of  the  People  of  those  lands  or  territo- 
ries, within  the  precincts  aforesaid,  they  shall  with  all 
diligence,  him  or  them  so  offending  cause  to  be  appre- 
hended, arrested,  and  imprisoned,  until  he  shall  fully 
and  thoroughly  reforme  himself;  or  otherwise,  when  the 
cause  so  requireth,  that  he  shall,  with  all  convenient 
speed  be  sent  into  our  Realm  of  England,  here  to 
receive  condigne  punishment  for  his  or  their  said  offence 
or  offences : 

And  moreover  wee  doc  hereby  ordainc  and  establish 
for  us,  our  heirs,  and  successors,  that  all  the  lands,  tene- 
ments, and  hereditaments,  to  be  had  and  enjoyed  by 
any  of  our  subjects  within  the  precincts  aforesaid,  shall 
be  had,  and  inherited,  and  enjoyed,  according  as  in  the 
like  estates  they  be  had  and  enjoyed  by  the  lawes  within 
this  Realm  of  England.  And  that  the  offences  of 
tumults,  rebellion,  conspiracies,  mutiny,  and  seditions, 
in  those  parts  which  may  be  dangerous  to  the  estates 
there,  together  with  murther,  manslaughter,  incest, 
rapes,  and  adulteries  committed  in  those  parts,  within 
the  precincts  of  any  the  degrees  above  mentioned  (and 
noe  other  offences)  shall  be  punished  by  death,  and  that 
without  the  benefit  of  the  clergy,  except  in  case  of  man- 
slaughter, in  which  Clergy  is  to  be  allowed :  And  that 
the  said  several  Presidents  and  Councels,  and  the  greater 
number  of  them,  within  every  of  the  several  limits  and 
precincts,  shall  have  full  power  and  authority,  to  hear 
and  determine  all  and  every  the  offences  aforesaid, 
within  the  precincts  of  their  several  Colonies,  in  man- 
ner and  form  following,  that  is  to  say,  by  twelve  hon- 
est and  indifferent  persons  sworne  upon  the  Evangelists, 
to  be  returned  by  such  ministers  and  officers  as  every  of 
the  said  Presidents  and  Councels,  or  the  most  part  of 
them,  respectively  shall  assigne,  and  the  twelve  persons 
soe  returned  and  sworne  shall,  according  to  their  evi- 
dence to  be  given  unto  them  upon  oath,  and  according 
to  the  truth,  in  their  consciences,  cither  convict  or 


THE   UNITED    STATES   OP  AMERICA.  43 


GOVERNMENT    OF    UNDER   THE    FIRST    CHARTER.  pART    I. 

acquit,  every  of  the  said  persons  soe  to  be  accused  and  instruc- 
tried  by  them ;  and  that  all  and  every  person  or  persons,  Nov!'2o^* 
which  shall  voluntarily  confess  any  of  the  said  offences  ^^^^• 
to  be  committed   by  him  shall,  upon   his  confession  Judgment 
thereof,  be  convicted  of  the  same,  as  if  he  had  been  ^0^0°^"'' 
found  guilty  of  the  same  by  the  verdict  of  any  such '^^^^^^^'o^* 
twelve  jurors  as  is  aforesaid.     And  that  'every  person 
and  persons  which  shall  be  accused  of  any  of  the  said 
oflFences,  and  which  shall  stand  mute,  or  refusing  to 
make  direct  answer  thereunto,  shall  be,  and  be  held, 
convicted  of  the  said  offence,  as  if  he  liad  been  found 
guilty  by  the  verdict  of  such  twelve  Jurors  as  afore- ^JJ'^g^'^^?* 
said :     And  that  every  person  and  persons  so  convicted,  ing  mute, 
either  by  verdict,  his  own  confession,  or  by  standing 
mute,  or  by  refusing  directly  to  answer  as  aforesaid,  of 
any  of  the  offences  before  mentioned,  the  said  Presi- 
dents and  Councels,  or  the  greatest  number  of  them,  ^'^^t^'^T' 
within  their  several  precincts  and  limits  where  such  Council  to 
conviction  shall  be  had  and  made  as  aforesaid,  shall  senl^n™^^ 
have  full  power  and  authority,  by  these  presents,  to  give  °."  convic- 
judgment  of  death  upon  every  such  offender,  without 
the  benefit  of  the  Clergy,  except  only  in  case  of  Man- 
slaughter :     And  noe  person  soe  adjudged,  attainted,  or 
condemned,  shall  be  reprieved  from  the  execution  of 
the  said  judgment,  without  the  consent  of  the  said  Power  to 
President  and  Councel,  or  the  most  part  of  them,  by  [n^thT^' 
whom  such  judgment  shall  be  given :     And  that  no  per-  Piesident 
son  shall   receive   any   pardon,  or  be  absolutely  dis-cii— To 
charged  of  any  the  said  offences,  for  which  he  shall  be  R*^'!?"'  "^ 

°  •'  '  the  Crown. 

condemned  to  death  as  aforesaid,  but  by  pardon  of 
us,  OUR  heirs,  and  successors,  under  our  Great  Seal  of 
England : 

And  wee  doe  in  like  manner  establish  and  ordaine,  if  Persons  of 
any  person  or  persons  of  either  of  the  said  Colonies  offending  ^ 
shall  offend  in  any  of  the  offences  beforementioned, '"  t^^  oth- 

.  *'  '  er,  to  be 

withm  any  part  between  the  degrees  aforesaid,  out  of  tried  in 
the  precincts  of  his  or  their  Colony,  that  then  every  such  Sonyr^ 
offender,  or  offenders,  shall  be  tried  and  punished  as 


44 


THE   GOVERNMENTAL   HISTOEY   OP 


Part  I. 


Instruc- 
tions, &c., 
Nov.  20, 
1606. 
Further 
Judicial 
powers  of 
Colonial 
Presidents 
and  Coun- 
cils. 


Offenders 
how  pun- 
ished. 


Excesses, 
drunken- 
ness, idle- 
ness, and 
vagrancy. 


Judicial 
proceed- 
ings, how 
conducted, 


Judgments 
to  be  re- 
corded. 


Record  to 
be  Bub- 
Bcribed  by 
the  Presi- 
dent and 
Council. 


aforesaid  within  his  or  their  proper  Colony :  And  that 
every  the  said  Presidents  and  Councels,  within  their  sev- 
eral limits  and  precincts,  and  the  more  part  of  them, 
shall  have  power  and  authority,  by  these  presents,  to 
hear  and  determine  all  and  every  other  wrongs,  trespass- 
ers, offences,  and  misdemeanors  whatsoever,  other  than 
those  before  mentioned,  iipoh  accusation  of  any  person 
and  proof  thereof  made  by  sufficient  witnesses  upon 
oath ;  and  that  in  all  those  cases  the  said  President  and 
Councel,  and  the  greater  number  of  them,  shall  have 
power  and  authority,  by  these  presents  respectively,  as 
is  aforesaid,  to  punish  the  offender  or  offenders,  either 
by  reasonable  corporal  punishment  and  imprisonment, 
or  else  by  a  convenient  fine,  awarding  damages  or  other 
satisfaction,  to  the  party. grieved,  as  to  the  said  Presi- 
dent and  Councel,  or  to  the  more  part  of  them,  shall  be 
thouglit  fit  and  convenient,  having  regard  to  the  quality 
of  the  offence,  or  state  of  the  cause:  And  that  also  the 
said  President  and  Councel,  shall  have  power  and 
authority,  by  virtue  of  these  presents,  to  punish  all 
manner  of  excess,  through  drunkenness,  or  otherwise ; 
and  all  idle,  loytering,  and  vagrant  persons,  which  shall 
be  found  within  their  several  limits  and  precincts, 
according  to  their  best  discretions,  and  with  such  con- 
venient punishment  as  they  or  the  most  part  of  them 
shall  think  fit:  Also  it  is  our  will  and  pleasure,  con- 
cerning the  judicial  proceedings  aforesaid,  that  the  same 
shall  be  made  and  done  summarily,  and  verbally  with- 
out writing,  until  it  come  to  the  judgment  or  sentence ; 
and  yet  nevertheless  our  will  and  pleasure  is,  that  every 
judgment  and  sentence  hereafter  to  be  given  in  any 
the  causes  aforesaid,  or  in  any  other,  of  the  said  several 
Presidents  and  Councels,  or  the  greater  number  of  them, 
within  their  several  limits  and  precincts,  shall  be  briefly 
and  summarily  registered  in  a  book  to  be  kept  for  that 
purpose,  together  with  the  cause  for  which  the  said 
judgment  or  sentence  was  given;  and  tliat  the  said 
judgment  and  sentence,  §oe  registered  and  written,  shall 


THE  UNITED    STATES   OP   AMERICA.  45 


GOVERNMENT    OP    UNDER   THE    FIRST    CHARTER.  PaRT    I. 

be  subscribed  with  the  hands  or  names  of  the  said  Presi-  Instruc- 
dent  and  Council,  or  such  of  them  as  gave  the  judg-xov.'2ot"' 
mcnt  or  sentence:  Also  our  will  and  pleasure  is,  andi^oe. 
we  do  hereby  establish,  and  ordaine,  that  the  said  several  o/tode^a 
Colonies  and  Plantations,  and  every  person  and  persons  the  Colo- 

Tiics   lor 

of  the  same,  severally  and  respectively,  shall  within  the 'first 
every  of  their  several  precincts  for  the  space  of  five  ^""^  y^^"^^- 
years  next   after   their  first   landing   upon   the   coast  Every- 

T  •  1  in-  i      1     thing  to  be 

of  Virginia  and  America,  trade  together  ail  in  one  stock,  jn  common 
or  dividcably  but  in  two  or  three  stocks  at  the  most,  ^t^"^"^- 
and  bring  not  only  all  the  fruits  of  their  labours  there, 
but  also  all  other  goods  and  commodities  which  shall  To  be  de- 
be  brought  out  of  England,  or  any  other  place,  into  the  pubHc 
same  Colonies,  into  several  magizines  or  store-houses,  for  storehous- 

'  °  ,  es  erected 

that  purpose  to  be  made  and  erected  there,  and  that  in  such  for  the 
order,  manner,  and  form,  as  the  Councel  of  that  Colony,  P'^^'P^^^- 
or  the  more  part  of  them,  shall  set  down  and  direct: 

And  our  will  and  pleasure  is,  and  we  do  in  like  man-  a  Treas- 
ner  ordaine,  that  in  every  of  the  said  Colonies  and  Pl^i^  cape-Mer- 
tations  there  shall  be  chosen  there,  elected  yearly,  by  chaut,  to 

•       b6  chosGD. 

the  President  and  Councel  of  every  of  the  said  Colonies  in  each 
and  Plantations,  or  the  more  part  of  them,  one  person,  Coioay. 
of  the  same  Colony  and  Plantation,  to  be  Treasurer  or 
Cape-Merchant  of  the  same  Colony  and  Plantation,  to 
take  the  charge  and  managing  of  all  such  goods,  wares.  His  powers 
and  commodities,  which  shall  be  brought  into,  or  taken  ^^^  duties. 
out  of,  the   several   magazines   or   store-houses;    the 
sam3  Treasurer  or  Cape-Merchant,  to  continue  in  his  Term  of 
office  by  the  space  of  one  whole  year  next  after  his  said  vacancv^by 
election,  unless  he  shall  happen  to  die  within  the  said  r^signa-  , 

tion,  death 

year,  or  voluntary  give  over  the  same,  or  be  removed  or  remov- 
for  any  just  or  reasonable  cause,  and  that  thereupon  ^|j  ^°^ 
t"ie  same  President  and  Councel,  or  the  most  part  of 
them,  shall  have  power  and  authority  to  elect  him  again, 
or  others  in  his  room  or  stead,  to  continue  in  the  same  One  or 
office  as  aforesaid :  And  that  also  there  shall  be  two  or  cicrks  to 
more  persons  of  irood  discretion  within  every  of  the  said  l^*^  cijosen 

*■  ^  111  '"  each 

Colonies  and  Plantations,  elected  and  chosen  yearly  colony. 


46  THE   GOVERNMENTAL   HISTORY   OP 

Part  I.  tirginia, 

Instruc-      during  the  said  term  of  jfive  years,  by  the  President  and 
Nov.'2o, '  Councel  of  the  same  Colony,  or  the  most  part  of  them, 
1606.         respectively,  within  their  several  limits  and  precincts, 
ties.       '    the  one  or  more  of  them  to  keep  a  book  in  which  shall 
be  registered  and  entered  all  such  goods,  wares,  and 
merchandizes,  as   shall   be   received   into   the  several 
magazines  and  storehouses  within  that  Colony  being 
appointed  for  that  purpose ;  and  the  other  to  keep  a  lit- 
tle book,  wherein  shall  be  registered  all  goods,  wares, 
and  merchandizes  which  shall  issue  or  be  taken  out  of 
any  the  several  magazines  or  store-houses  of  that  Colo- 
Term  of     ny ;  which  said  clerks  shall  continue  in  their  said  places 
Clerks?      ^^^^  ^^  ^^c  will  of  the  President  and  Councel  of  that 
Colonists    Colony  whereof  he  is,  or  of  the  major  part  of  them: 
plied  y^hh  -^^^^  ^^^^^  every  person  or  persons  of  every  the  said  sev- 
necessaries  eral  Colouics  and  Plantations  shall  be  furnished  with 

from  pub-  ,  . 

lie  store-    all  nccessaries  out  of  those  several  magazines  or  store- 
houses,     houses,  which  shall   belong  to  the   said    Colony  and 
Plantation,  in  which  that  person  is,  for  and  during  the 
term  of  five  years,  by  the  appointment,  direction,  and 
order  of  the  President  and  Council  there,  or  of  the  said 
Cape-Merchants  and  two  Clerks,  or  of  the  most  part  of 
them,  within  the  said  several  limits  and  precincts  of  the 
said  Colonies  and  Plantations: 
The  First       Also  our  will  and  pleasure  is,  and  we  do  hereby  or- 
poweredTo  ^^1^1^,  that  the  adventurcrs  of  the  said  First  Colony  and 
establish  a  Plantation,  shall  and  may  during  the  said  term  of  five 
Co.  or       years,  elect  and  choose  out  of  themselves  one  or  more 
Agency  m  Companies,  each  Company  consisting  of  three  persons 
at  the  least,  who  shall  be  resident  at  or  near  London, 
or  such  other  place  or  places,  as  the  Council  of  the 
Colony  for  the  time  being,  or  the  most  part  of  them 
Its  powers  during  the  said  five  years  shall  think  fit,  who  shall  there 
*  from  time  to  time  take  charge  of  the  trade  and  account 
of  all  such  goods,  wares,  and  merchandizes,  and  other 
things  which  shall  be  sent  from  thence,  to  the  Company 
of  the  same  Colony,  or  Plantation,  in  Virginia;  and 
likewise  all  such  wares,  goods  and  merchandizes,  as 


THE  UNITED    STATES   OP   AMERICA.  47 

GOVERNMENT    OF    FNDER   THE    FIRST    CHARTER.  PaRT    I. 

shall  be  brought  from  the  said  Colony  or  Plantation  instruc- 
iinto  that  place  within  our  Realm  of  England ;  and  of  *'^"^'  ^^' 
all  things  concerning  the  managing  of  the  affairs  and 
profits  of  the  adventurers  of  that  Company  which  shall 
so  pass  out  of  or  come  into  that  place  or  port. 

And  likewise  our  will  and  pleasure  is,  that  the  adven-  The  Sec- 
turers  in  the  said  Second  Colony  and  Plantation  shall  ^^'^  ^^^°' 
and  may  during  the  said  term  of  five  years  elect  out  of  ercd  to  es- 
thcmselvcs,  one  or  more  companies,  each  Company  con-  Mercantile 
sisting  of  three  persons  at  the  least,  who  shall  be  resi-  ^^-^  ^^ 
dent  at  or  near  Plimouth,  in  our  County  of  Devon,  Plymouth, 
within  our  Realm  of  England,  and  at  such  one,  two,  or 
three  other  places,  or  ports,  as  the  Councel  of  that  Col- 
ony, or  the  most  part  of  them,  shall  think  fit ;  who 
shall  there,  from  time  to  time,  take  care  and  charge  of  its  powers 
the  trade,  and  account  of  all  such  goods,  wares,  mer-^^     ^*^^^' 
chandizes  and  other  things,  which  shall  be  sent  from 
thence  for  the  same  Colony  and  Plantation  in  Virginia ; 
and  likewise  all  such  goods,  wares,  and  merchandizes, 
all  shall  be  brought  from  the  said  Colony  and  Planta- 
tion in  Virginia  into  our  Realm  of  England,  and  of  all 
things  concerning  the  managing  of  the  affairs  and  pro- 
fits of  the  adventurers  of  that  Company. 

Also  our  will  and  pleasure  is,  that  no  person  or  per- ^?''®.°°^, 

,.,.  „  admitted 

sons,  shall  be  admitted  into  any  of  the  said  Colonies  as  coio- 
and  Plantations,  there  to  abide  and  remain,  but  such  [!|^g^  ^^j.. 
as  shall  take  not  only  the  usual  oath  of  obedience  tain  oaths, 
to  us,  our  heirs,  and  successors,  but  also  the  oath  which 
is  limited  in  the  last  session  of  Parliament  holdcn  at 
Westminster  in  the  fourth  year  of  our  reign,  for  their 
due  obedience  unto  us,  our  heirs  and  successors :     That 
the  trade  to  and  from  any  of  the  Colonies  aforesaid 
may  bo  managed  to  and  from  such  port  and  places, 
within  our  Realm  of  England,  as  is  before  in  these  Govom- 
articles  introduced,  any  thing  set  down  heretofore  to  ">''"t:^i    „ 

,.  Powcraof 

the  contrary  notwithstanding :    And  that  the  said  Prcsi-  roionial 
dent  and  Councel  of  each  of  the  said  Colonies,  and  the  f,l^|i^jj^f 
more  part  of  them,  respectively,  shall  and  may  law-ciis. 


48 


THE   GOVERNMENTAL    HISTORY   OF 


Part  I. 


VIRGINIA, 


Instruc- 
tions, &c., 
Kov.  20. 
1606. 


Restric- 
tions upon, 


Force  and 
operation 
of  these 
ordi- 
nances. 


Treatment 
of  the  In- 
dians. 


Must  aim 
at  their 
conversion 
to  Chris- 
tianity. 


The  con- 
trary 
course  to 
be  pun- 
ished. 


Provision 
for  further 
Instruc- 
tions, &.C., 
from  the 
Crown. 


fully,  from  time  to  time,  constitute,  make,  and  ordain 
such  Constitutions,  Ordinances,  and  officers,  for  the 
better  order,  government  and  peace  of  the  People  of 
their  several  Colonies,  so  always  as  the  same  Ordinances 
and  Constitutions,  do  not  touch  any  party  in  life  or 
member ;  which  Constitutions  and  ordinances  shall 
stand  and  continue  m  full  force,  until  the  same  shall 
be  otherwise  altered  or  made  void  by  us,  our  heirs,  or 
successors,  or  our,  or  their  Councel  of  Virginia,  so 
ahvays  as  the  same  alterations  be  such  as  may  stand 
with  and  be  in  substance  consonant  unto  the  laws  of 
England,  or  the  equity  thereof. 

Furthermore  our  will,  and  pleasure,  is,  and  we  do 
hereby  determine  and  ordain,  that  every  person  and  per- 
sons, being  our  subjects  of  every  the  said  Colonies  and 
Plantations,  shall  from  time  to  time  well  entreat  those 
Savages  in  those  parts,  and  use  all  good  means  to  draw 
the  Savages  and  heathen  people  of  the  said  several 
places,  and  of  the  territories  and  countries  adjoining, 
to  the  true  service  and  knowledge  of  God ;  and  that 
all  just,  kind  and  charitable  courses  shall  be  holden 
with  such  of  them  as  shall  conform  themselves  to  any 
good  and  sociable  traffic  and  dealing  with  the  subjects 
of  us,  our  heirs,  and  successors,  which  shall  be  planted 
there,  whereby  they  may  be  sooner  drawn  to  the  true 
knowledge  of  God,  and  the  obedience  of  us,  our  heirs, 
and  successors ;  under  such  severe  pains  and  punish- 
ments as  shall  be  inflicted  by  the  same  several  Presi- 
dents and  Councils  of  the  said  several  Colonies,  or  the 
most  part  of  them,  within  their  several  limits  and  pre- 
cincts, on  such  as  shall  offend  therein  or  do  the  con- 
trary : 

And  that  as  the  said  Territories  and  Countries  of 
Viri^inia  and  America,  within  the  degrees  aforesaid, 
shall  from  time  to  time  increase  in  Plantation  by  our 
subjects,  WE,  our  heirs,  and  successors,  Avill  ordain  and 
give  such  order  and  further  Instructions,  Lawcs,  Con- 
stitutions, and  Ordinances  for  the  better  order,  rule, 


THE   UNITED    STATES   OF   AMERICA.  49 

GOVERNMENT    OF    UNDER    THE    FIRST    CHARTER.  PaRT    I. 

and  ffovernmciit  of  such  as  so  shall  make  Plantations  instruc- 

,     .  ,  1     11    p  tions,  &c., 

there,  as  to  ns,  our  heirs,  and  successors,  shall  irom  \ov.  20, 
time  to   time  be   thought  fit   and   convenient,  which  ^'''^''• 
always  shall  be  such,  as  may  stand  with,  or  be  in  sub- 
stance consonant  unto   the  laws  of  England,  or  the 
equity  thereof. 

And  lastly,  we  do  ordain  and  establish,  for  us,  our  Council  for 
heirs,  and  successors,  that  such  oath  shall  be  taken  by  Ji/JJJndon 
each  of  our  Councellors  here  for  Yirginia,  concerning  oath  of 
their  place  and  ofiice  of  Councel,  as  by  the  Privy  Coun- 
cel  of  us,  our  heirs,  and  successors  of  this  our  Realm 
of  England,  shall  be  in  that  behalf  limited  and  appoint- Members 
ed :     And  that  each  Councellor  of  the  said  Colonies  counciir*^ 
shall  take  such  oath  for  the  execution  of  their  place  ^^^^  ^^• 
and  office  of  Councellor,  as  by  the  Councel  of  us,  our 
heirs,  and  successors  here  in  England,  for  Virginia  shall 
in  that  behalf  be  limited  and  appointed :     And  as  well 
those  several  Articles    and    instructions    herein  men- 
tioned and  contained,  as  also  all   such  as   by  virtue 
hereof  shall  hereafter  be  made  and  ordained,  shall  as 
need  shall  require,  by  the  advice  of  our  Councel  here 
for  Virginia  be  transcribed  over  unto  the  said  several 
Councels  of  the  said  Colonies,  under  the   seal  to  be  *  b^  Hen- 
ordained  for  our  said  Councel  here  for  Virginia.     In  utes,  Yol- 
witness,  &c.*"  *  ^^  i- 


Such  was  the  First  Charter  upon  which  was  based  the 
first  settlements,  and  such  were  the  Royal  instructions 
pursuant  to  the  provisions  of  which  was  planned  the  first 
civilized  Government  ever  known  in  America.  The  First 
Colony  was  afterwards  more  familiarly  known  as  The 
South  Virginia,  or  London  Company  ;  and  the  Second 
Colony  as  The  North  Virginia,  or  Plymouth  Company. 

In  alluding  to  this  Charter  and  the  Order  of  Instruc- Opinion  of 
tions  which  followed  it.  Dr.  Robertson  says,—"  Thus,  f/tsfn"^' 
without  hesitation  or  reluctance,  the  Proprietors  of  upon  the 
both  Colonies — Virginia  and  Plymouth — proceeded  toter. 

execute  their  respective  plans,  and  under  the  authority 
4 


50 


THE  GOVERNMENTAL    HISTORY  OP 


Part  I. 


VIRGINIA, 


The  sup- 
posed de- 
fects of  the 
Charter. 


Reasons 
for  its 
ready  ac- 
ceptance. 


Nature  and 
aim  of  the 
compact  it 
contained. 


of  a  Charter  which  would  now  be  rejected  with  disdain, 
as  a  violent  invasion  of  the  sacred  and  inalienable  rights 
of  liberty,  the  first  permanent  settlements  in  America 
were  established."  Although  this  remark  may  be  true 
in  fact,  it  is  not,  historically,  a  fair  or  just  comment 
upon  the  case  presented  to  our  consideration.  It  is 
easy  enough  for  us,  looking  back  from  the  position 
which  we  now  occupy,  upon  these  governmental  regu- 
lations, to  discover  the  existence  of  those  political  ele- 
ments which  afterwards  became  so  obnoxious  to  the 
colonists,  and  ultimately  so  fatal  to  the  power  of  the 
Crown  in  America.  But  while  to  our  more  enlightened 
view,  they  may  seem  so  wholly  to  disregard  the  actual 
political  rights  of  the  settlers,  and  so  disastrously  to 
invade  their  liberties,  we  are  not  surprised  that  they 
met  with  so  ready  an  acquiescence  on  the  part  of  the 
respective  Proprietors.  It  must  be  remembered  that 
the  territory  on  which  these  settlements  were  to  be 
made,  was  claimed  by,  and  it  was  not  questioned  that 
the  title  resided  in  the  Crown :  And  it  could  hardly 
be  supposed  that  the  Crown  would  divest  itself  of  aU 
interest  or  concern  in  its  occupancy  or  its  government. 
The  object  aimed  at,  and  it  was  so  expressed  in  the 
Charter,  was,  to  make  the  country  available  and  pro- 
ductive as  a  part  of  its  dominions.  The  advantages  to 
be  derived  from  the  adventure,  both  to  the  settlers  and 
to  the  proprietors,  were  regarded  as  a  sufficient  com- 
pensation, or  equivalent,  for  the  conditions  and  restraints 
to  which  they  were  subjected.  It  was  simply  a  com- 
pact, more  commercial  than  political  in  many  of  its  de- 
tails, between  the  Sovereign  and  his  subjects,  for  the 
use  and  occupation  of  this  portion  of  his  domain ;  to 
enter  into  which  each  party  had  its  own  peculiar  mo- 
tives and  inducements.  It  is,  therefore,  but  doing 
justice  to  the  spirit,  the  designs,  and  the  relations,  of 
the  several  parties  to  the  compact :  It  is  but  justice  to 
the  prevailing  political  opinions  of  the  age  in  which  it 
originated ;     And  more  truly  is  it  justice  to  the  after 


THE   UNITED    STATES   OF  AMERICA.  51 

GOVEUNMENT    OF  UNDER   THE    FIRST    CHARTER.  PaRT    I. 

progress  of  free  principles,  and  the  subsequent  devel-  Tiie  aim 
opmcnts  of  civil  and  religious  liberty  in  both  England  Fhst  Colo- 
and  aVmcrica,  to  say  that  the  plan  thus  devised  for  a  set-  "y- 
tlcmcnt  of  the  country,  however  imperfect  or  exception- 
able it  may  now  appear,  was  originally  framed  with  a 
view  to  protect  and  promote  the  rights  and  interests  of 
the  respective  parties  to  the  compact.  The  history  of 
the  Old  World  has  recorded  how  slowly,  up  to  this 
period,  the  human  mind  awakened  from  the  slumber 
which  had  bound  it,  and  came  out  from  amid  the  dark- 
ness which  in  the  middle  ages  had  humbled  it ;  and  in 
the  brighter  progress  of  our  own  annals  in  the  New, 
we  shall  see  how  gloriously  it  ultimately  cast  off  the 
fetters  which  ignorance,  and  prejudice,  and  supersti- 
tion, and  bigotry,  and  oppression,  had  for  ages  thrown 
around  it. 

"From  this  period,"  says  Dr.  Robertson  again,  "the 
progress  of  the  two  provinces —  Virginia  and  New  Eng- 
land— form  a  regular  and  connected  story.  The  former 
in  the  Soutii,  and  the  latter  in  the  North,  may  be  con-Dr.Robert- 
sidered  as  the  original  and  parent  Colonies,  in  imitation  meut.^ 
of  which  and  under  whose  shelter,  all  others  have  been 
successively  planted  and  reared." 

This  is  well  enough  to  say  in  rounding  a  period,  or 
closing  a  chapter,  but  it  is  very  carelessly  expressed  and 
is  not  sustained  by  strict  historical  verity.     The  his- 
tory   of   the    Second   Colony  I  shall   have    occasion  The  two 
more  particularly  to  refer  to  in  the  Second  Part  of  this  pjjj.^  if^^' 
work ;  at  present  it  is  sufficient  to  say  that  the  Colo-  ^'^'^^'  ^ng- 
nies  of  New  England  were  none  of  them  the  offspring 
of  either  of  these  Companies.     It  may  seem  captious  or 
trifling  to  raise  the  issue,  but  the  fact  has  so  much  to 
do  with  the  marked  difference  which  exists  in  the  cliar- 
acter  of  the  people,  and  the  peculiarities  of  their  insti- 
tutions, in  the  two  sections,  that  it  becomes  important 
to  be  observed.     The  causes  which  some  years  after  this 
date  brought  about  the  settlement  of  New  England, 
were  not  felt  or  understood  by,  were  indeed  unknown 


52  THE   GOVERNMENTAL   HISTORY   OP 

Part  I.  Virginia, 

to,  the  policy  which  dictated  the  planting  of  Virginia. 
There  was  in  cither  a  difference  of  motives  and  of  aims 
General  widely  divergent,  and  the  difference  between  them  is 
remar  s.  fQ^^j^^  ^q  ^.^^^^  through  nearly  all  their  early  history,  gov- 
ernmental, political,  literary,  and  religious.  At  the 
same  time  it  is  true,  that  the  same  causes  which  led  to 
the  settlement  of  the  former,  had  in  time  a  liberalizing 
influence  upon  the  institutions  and  government  of  the 
latter.  Each  in  its  origin,  and  as  it  grew,  was  necessa- 
rily measurably  affected  by  the  state  of  things  in  the 
Parent  Country.  With  the  one  it  was  emigration  and 
adventure,  guided  by  the  wisdom  of  maturer  years  and 
a  ripened  experience ;  while  with  the  other  it  was  devel- 
opment under  the  more  feeble  and  fragile  condition  of 
infant  life.  The  one  was  born,  and  had  much  of  its 
material  growth,  before  the  political  elements  embraced 
in  the  Protestantism  of  the  Reformation  were  fairly 
developed  in  England ;  while  the  other  owed  its  very 
existence  to  their  fuller,  freer,  and  more  obvious 
activity.  The  one  was  the  favorite  and  for  many  years 
the  petted  offspring  of  royalty,  the  other  was  the  neg- 
lected and  despised  child  of  misfortune,  of  parental 
hate  and  persecution,  of  domestic  tyranny  and  op- 
The  First-  prcssion.  The  History  of  the  former,  Virginia,  the 
^■^j^^Y^l^^^  First-born,  and  therefore  invested  with  many  of  the 
Colonics  in  privileges  of  primo-geniture  in  America,  merits  our 

America.  .  ,.       .. 

prior  attention. 

I  have  already  had  occasion  to  observe  the  peculiar 
disadvantages  under  which  the  first  settlements  on  our 
Continent  were  originated  and  effected.    "Without  enter- 
Import-      ing  into  a  minute  detail  of  the  trials,  hardships,  dan- 
their  early  S^^^  ^^^^  Sufferings,  to  wliicli  the  early  adventurers  were 
history.      cxposcd,  wc  may  find  abundant  matter  for  pleasing  and 
profitable  speculation  in  tracing  the  growth  of  their 
infant  communities,  and  marking  their  advancement 
through    all    their  varied   perils,  until  wc  find  tliem 
assuming  a  rank  and  consideration  which,  from  its  inti- 
mate bearing  on  our  own  Governmental  History,  de- 


THE   UNITED    STATES   OP   AMERICA.  53 

UNDER   THE    FIRST    CHARTER    OF    JAMKS    I.  PaKT    I. 

serves  our  most  interested  attention.     "  It  will  exhibit  The  First 
a  spectacle  no  less  striking  than  instructive,  and  pre- oj^|]^^  ^J^^" 
scnts  an  opportunity  which  rarely  occurs,  of  contcm-  ^'«iony,  or 

.  •  ^  i>  n     •  T-1   I^O'»tiOn 

platuig  a  society  in  the  nrst  moment  oi   its  political  compuny, 
existence,  and  of  observing  how  its  spirit  forms  in  its''^*^'^*  ^^^^' 
infant  state;  how  its  principles  begin  to  unfold  as  it 
advances ;  and  how  those  characteristic  qualities  which 
distinguish  its  maturer  age  arc  successively  acquired."  **  I^obert- 

The  first  expedition  which  was  fitted  out  for  Virginia, 
embarked  under  the  auspices  of  The  Company  compos- 
ing The  First  Colony,  at  London.     It  sailed  under  the 
direction  of  Capt.  Newport,  on  the  nineteenth  day  of 
December,  A.  D.  1606.     It  consisted  of  one  Vessel  of 
about  one  hundred  tons  burthen,  two  Barques,  and  one 
hundred  and  five  persons.     They  bore  with  them  sealed 
documents  which  contained  the  names  of  The  Council 
appointed  for  the  government  of  the  Colony  or  Planta- 
tion in  America,  which  were  to  be  opened  and  the  per- 
sons proclaimed  members  of  the  Colonial  Council,  with- 
in twenty-four  hours  after  their  arrival  on  the  coast  of 
Virginia.     The  point  of  their  destination  was  Roanoke.  Dcstina- 
After  having  been  out  at  sea  for  about  four  months  ^'^"^^^y^g® 
they  lost  their  reckoning,  and  while  deliberating  upon 
the  expediency  of  returning  to  England,  they  encoun- 
tered a  violent  gale  which  drove  them  into  the  mouth  Are  driven 
of  the  Chesapeake  Bay.   On  the  twenty-sixth  day  of  April,  ^hesl^^ 
1607,  they  descried  its  southern  point  which  they  called  peake  Bay. 
Cape  Henry.     A  small  party  attempted  to  land,  but 
being  opposed  by  the  natives,  and  some  of  them  being 
seriously  wounded,  they  returned  again  to  their  vessel. 
A  few  days  afterwards  they  discovered  a  point  of  land 
which  they  called  Cape  Charles.    They  then  entered 
the  mouth  of  a  large  River  which  they  called  James'  James  Riv- 
River,  in  honor  of  their  Sovereign.     Proceeding  some  ered^icoV. 
distance  up  its  channel  they  iieared  the  shore,  and  on 
the  twenty-second  day  of  June  landed  and  planted  a 
settlement  which  they  called  James'  Town.     Opening  IpQ^Q^ 
their  documents  they  at  once  proclaimed  the  names  of  planted. 


54  THE   GOVERNMENTAL   HISTORY   OP 

Part  I.  Virginia, 

The  First   tliG  members  of  the  Colonial  Council,  who  proceeded 
under  the"  to  clcct  a  President,  to  which  office  Mr.  Edward  Wing- 
London     fieij  ;yag  cliosen.     Capt.  Newport  sailed  for  England  on 
the  fifteenth  day  of  July  following,  leaving  at  James' 
Town  one  small  vessel,  and  one  hundred  and  four  colo- 
nists.    Previous  to  his  departure  their  necessities  were 
Condition  supplied  from  the  stores  which  had  been  laden  on  board 
settlement  ^^  *^^^  ships.     That  wliicli  was  left  to  them,  having 
received  much  damage  during  the  voyage,  was  rendered 
additionally  deleterious  and  unpalatable  by  the  action 
of  the  climate  and  the  progress  of  decay.     Thus  they 
became  more  susceptible  to  disease,  and  before  the  frosts 
of  winter  came  to  check  the  sickness  which  broke  out 
among  them,  about  fifty  of  their  number  were  consigned 
to  the  grave.     The  hardships  to  which  the  survivors 
were  subjected  rendered  them  impatient  of  discipline, 
Difficulties  produced  a  jealousy  of  the  superior  comfort  in  which 
^™^"S  ti^e  i\^q[y  Pi'osident  was  supposed  to  live,  gave  rise  to  dis- 
satisfaction and  dissension  which  resulted  in  his  being 
deposed,  and  Mr.  Radcliff  was  elected  to  fill  the  vacancy. 
Election     The  new  President,  however,  had  no  more  means,  nor 
President-  J^^  ^lic  ability,  to  lical  the  maladies  which  now  threat- 
his  cmbar-  encd  the  extinction  of  the  Colony.     Its  numbers  were 

rOiSsniG  11  ts 

few,  they  were  without   wholesome   provisions,  were 
scantily  clothed,  and  were  withal  enfeebled  by  exposure 
to  the  debilitating  effects  of  the  climate.     To  all  these 
sources  of  embarrassment  were  added  the  annoyances 
and   apprehension   arising  from   the   hostility   of  the 
natives.     If  human  instrumentality  could  effect  it,  it 
needed  the  outlay  of  superior  energy,  and  the  influence 
of  a  daring  and  commanding  spirit,  to  accomplish  their 
Capt.         preservation.     In  this  emergency  Capt.  John  Smith  was 
sen  Presi- '  *^^^osen  to  superintend  its  affairs.     By  his  impetuous 
dent.         energy  and  exertions  a  small  fort  was  erected,  of  raw 
materials,  for  their  defence,  the  natives  were  discom- 
fited, and  the  just  expiring  Coloiiy  was  restored  to  a 
healthful  vigor. 

Without  knowing  that  this  feeble  settlement,  composed 


THE   UNITED    STATES   OP   AMERICA.  55 

UNDEK   TUE    FIKST    CHAUTER.  pART    I. 

of  a  mere  handful  of  men,  was  indeed  the  germ  of  a  The  first 
future  nation,  we  might  wonder  at  the  folly  and  the  Jf\'h.J*Lon" 
temerity  of  those  who  sought  to  sustain  it  as  affording  Jo"  Com- 
the  least  prospect  of  meliorating  the  condition  of  the      ^' 
country  in  which  it  was  planted.     Scarce  had  it  revived 
under  its  efficient  head,  when  it  was  overtaken  by  a 
calamity  which  human  wisdom  would  have  pronounced 
to  be  the  signal  for  its  final  and  complete  desolation. 
In  devoting  himself  assiduously  to  the  duties  of  his  Captain 
station,  and  seeking  to  promote  the  interests  of  the  com- J^^I^'^^g^J^] 
pany,  as  well  as  the  designs  of  his  Sovereign,  Capt.  pioring  the 
Smith  undertook  to  explore  to  its  source  a  neighboring'^ 
river,  called  the   Chicka-hominy.     While  engaged  in 
this  enterprise  he  was  surprised  by  a  party  of  Indians.  Capture  of 
He  offered  a  resolute  resistance  to  their  numerous  force,  c^^Jf^? 

'  Smith  by 
until,  finding  himself  about  to  be  overpowered,  he  sought  the  lu- 

to  escape  by  flight,  but  becoming  entangled  in  a  swamp 
was  taken  prisoner  by  the  natives.     He  elicited  their 
veneration,  and  preserved  himself  from  immediate  mas- 
sacre by  exhibiting  to  them  a  mariner's  compass.*    They  *  Marshall, 
bore  him  in  savage  merriment  and  exultation  through 
several  of  their  villages,  and  finally  conveyed  him  to  the 
tent  of  Powhattan  the  most  powerful  and  renowned  chief 
of  their  tribe.     The  chief  sentenced  him  to  death,  andneiscon- 
the  sentence  was  directed  to  be  executed  by  placing  his  ^p^i^ed  to 
head  on  a  block  and  beating  it  to  pieces  with  a  war-club. 
Pocahontas,  the  favorite  daughter  of  the  king,  now 
about  thirteen  years  of  age,  had  become  deeply  inter- 
ested in  the  pale  stranger,  and  earnestly  supplicated  for 
liis   life.     But   Powhattan,  who  had   hitherto  seemed 
friendly,  having  grown  suspicious  of  the  designs  of  the 
white  man,  was  inexorable,  and  the  prisoner  was  led 
out  to  be  executed.     His  head  was  fastened  to  the  fatal 
block  and  the  instrument  of  death  was  impending  over 
him.     Just   as   it  was    about  to  descend   Pocahontas  jg  saved  by 
rushed  forward  with  a  wild  shriek,  threw  herself  upon  Pocahon- 
the  victim,  and  covering  his  head  with  her  own  stayed 
the   blow  of  the  executioner.     Powhattan  was  after- 


56  THE   GOVERNMENTAL   HISTORY   OF 

Part  I.  Virginia, 

The  fast  "ward  persuaded  to  spare  his  life,  and  after  exchanging 
yt^^Lo^"  pledges  of  amity  liberated  and  sent  him  to  James- 
don  Com-  town. 

His  return     P^'cst.  Captain  Smith  had  been  absent  from  the  plant- 
to  James-  ation  at  Jamestown  about  six  weeks,  and  a  less  resolute 
and  daring  spirit  than  his  w^ould  at  once  have  yielded 
Condition  to  despair  at  the  condition  in  which  he  found  it  on  his 
Colony  on  return.     It  was  reduced  to  the  number  of  thirty-eight 
the  return  persons  who  wcre  just  about  to  quit  the  country  when 
Bmith.       he  arrived.     He  endeavored  to  persuade  them  to  desist 
from  their  intention,  but  not  being  successful  he  re- 
sorted to  compulsion.     Turning  the  guns  of  the  fort 
upon  the  vessel  in  which  they  were  embarking,  he  pre- 
sented to  them  the  stern  alternative  to  remain  or  die, 
*  Marshall,  and  thus  prevented  their  departure.* 
Effect  of        The  adventure  of  President  Smith  with  the  Indians 
ture^on'the  ^^^^    fruitful   of  good   rcsults.     The   terms   of   amity 
prospects   agreed  upon  between  himself  and  Powhattan  concili- 
Colony.      ated  the  natives  so  that  thenceforth  he  obtained  from 
them  all  needful  supplies  of  provisions,  by  which  means 
alone  this  remnant  of  a  plantation  was  preserved  from 
perishing.      At    this    crisis    in   their   history  a  vessel 
arrived  from  England  laden  wdth  supplies,  and  bring- 
Further      ing  about  one  hundred  and  twenty  adventurers,  "  gen- 
^"^'En     tlemen,  mechanics,    and  artificers."     This   timely  ac- 
land,  1607.  ccssion  to  tlicir   numbers   brightened   their   prospects 
and  would  have  materially  re-invigorated  the  Colony 
Supposed   had  it  not  been  that  some  shining  dust  was  discovered 
orgoid-^  in  the  bed  of  a  neighboring  stream  which  was  taken  for 
dust,  gold. 

The  settlers  became  so  infatuated  with  the  idea  of 
Its  effects  suddenly  enriching  themselves  with  an  abundance  of  the 
settlers.^  precious  metal  that  they  could  not  be  made  to  think  of 
or  do  anything  else  but  to  Imnt  after  it.  "It  is  almost 
impossible"  says  Marshall,  "  to  conceive  how  much  the 
prosperity  of  the  plantation  was  retarded  by  this  singu- 
lar delusion."  It  might,  however,  have  been  more  dis 
astrous  had  it  been  a  reality  instead  of  a  delusion.     As 


THE   UNITED   STATES   OF   AMERICA.  57 


UNDER   THE    FIRST    CHARTER.  PaRT    I. 

it  Nvas,  it  had  rather  the  effect  ultimately  to  relieve  the  The  first 
settlement  from  the  very  embarrassments  which  it  at  first  of\^,^^,  \^^^^_ 
oridnated.     The  first  exportation  ever  made  from  this  'lou  Com- 

"  ^  .  paiiv. 

country  was  made  at  this  time,  in  two  barques,  0110^,,,^'^;^.^^. 
freidited  with  cedar  and  the  other  with  this  dust.*  Expoita- 
The  arrival  of  such  a  cargo  at  their  wharves  m  London,  England. 
was  of  course  made  much  of  by  the  Company.     Being* Marshall, 
heralded  among  the  people,  it  had  the  effect  to  crowd  its  effects 
their  office  with  applicants  desirous  to  be  transplanted  p^^pig  ^nd 
at  once  to  America.     Thus  while  the  small  Colony  in  Company. 
Virginia  was  suffering  from  the  baneful  influences  of 
the  delusion  here,  the  importance  of  the  enterprise  of 
settling  the  country  was  being  magnified  in  the  estima- 
tion of  the  Company  and  the  people  at  home.     Men  of 
rank   and    consideration,   capitalists   and   speculators, 
merchants  and  artizans,  were  eager  to  become  members  Excite- 
of  the  corporation,  to  be  admitted  into  its  councils,  g^"*^|^ 
and  to  participate  in  its  settlements  and  adventures,  and  its 
The   crown  even  was  moved  with  an  enthusiastic  am- 
bition to  secure  its  settlement  in  order  to  add  to  the 
revenues  of  the  kingdom.     The  result  was,  the  issuing 
of  a  Second  Charter.      Meanwhile  President  Captain 
Smith  was  persevering  in  an  able  and  judicious  admin- state  of 
istration  of  affairs  in  the  infant  Colony.     So  skillfully  j^^    ^  °°^ 
and  adroitly  did  he  over-rule  the  fever  and  excitement  America. 
created  by  the  supposed  discovery  of  gold,  that  he  made 
it  the  basis  for  a  more  efficient  and  permanent  settle- 
ment of  the  country.     He  turned  the  thirst  after  it, 
among  those  who  now  came  to  the  Colony,  to  his  own  Further 
purposes  in  making  explorations  of  nearly  all  of  the  |?^P^°^!1:' 
territory  now  comprehended  within  the  limits  of  Mary-  Capt. 
land  and  Virginia.     He  thus  surveyed  and  drew  charts  ^^   ' 
of  its  rivers,  bays,  inlets  and  harbors,  which,  with  the 
accounts  he  gave  of  its  resources,  were  so  full  and  accu- Their  value 
rate,   that   "after    the    progress   of   information    and^''*^^''*^"*- 
research  for  a  century  and  a  half  they  exhibit  no  inacu- 
rate  idea  of  both  countries,  and  are  the  original  on 
which  all  subsequent  delineations  and  descriptions  have 


58  THE  GOVERNMENTAL   HISTORY  OP 

Part  I.  Virginia, 

The  first  been  formed."*  The  colony  remained  under  his  aus- 
o/afe  Lon^  P^^^°^^^  administration  until  the  year  1609,  when  hav- 
don  Cora-  ing  been  severely  wounded  by  an  explosion  of  gun- 
*E'obert-  PO'"'^*^^,  lie  was  obliged  to  visit  England  for  medical 
son.  treatment.     He  left  it  with  a  population  of  about  five 

Captain  hundred  persons,  sixty  comfortable  and  convenient 
turns  to  dwellings,  various  implements  of  husbandry,  and  other 
1609?^  '  ii^cdful  appliances  for  its  preservation  and  prosperity. 
Condition  But  the  life  and  vigor  which  he  had  inspired  seemed 
iTtfonT'  *^  ^^^^°  departed  with  President  Capt.  Smith.  He  had 
the  Colony  scarcely  gone  ere  the  plantation  relapsed  into  a  singu- 
parture.  1^1'  state  of  faction  and  misrule.  Every  principle  of 
How  af-  self-preservation  seemed  to  be  lost,  and  it  was  fast  verg- 
his  leavmg  ^^^S  ^0  destruction.  The  settlers  became  divided  and 
it-  contentious    among   themselves,    and    also    stirred   up 

strifes  with  the  Indians,  and  thus  became  a  more  easy 
prey  to  their  treachery  and  resentment.     Within  less 
than   one   year   after   the    departure    of   Capt.   Smith 
their  dwellings  were  conflagrated,  their  families  butch- 
ered, and  their  numbers  reduced  to  about  sixty  souls, 
who  must  inevitably  have  perished  from  exposure   or 
starvation  but  for  the  timely  arrival  of  Sir   Thomas 
Gates  and  others. 
Arrival  of       Sir  Tliomas  Gates  had  been  dispatched  from  London 
Gates°"^^  with  supplies  and  adventurers  for  the  Colony,  but  his 
most  valuable  vessels,  and  a  part  of  his  crew,  were  lost 
by  shipwreck  near  the  Bermuda  Islands  while  himself 
Voyage  of  and  a  few  companions  reached  one  of  them  in  safety. 
Gates  "and  ^^^^^'  remaining   in   this   lonely  and  desolate    region 
shipwreck  for  about  nine  months,  they  contrived  to  repair  tliQir 
sels.        "  remaining  vessels  and  re-embarked  for  Virginia.     In- 
stead of  finding,  as  they  had  anticipated,  a  thriving  and 
prosperous  settlement  at  Jamestown  which  could  relieve 
their  necessities,  the  scene  of  desolation  and  despair 
The  set-     wliich  I  have  already  described  welcomed  their  arrival. 
BoWeTo     Seeing  nothing  before  them  but  famine  and  massacre, 
abandon     flicy  rcsolved  witli  the  remnant  of  adventurers  in  the 
try,  1610.  Colony  to  return  to  England.     They  made  the  neces- 


THE  UNITED   STATES  OP  AMERICA.  69 

UNDER   THE    FIRST    CHARTER.  pART    I. 


sary  preparations  and  embarked  on  the  tenth  day  of  How  prc- 
June,  IGIO.  Before  they  had  fairly  got  under  way, 
just  as  they  were  proceeding  out  of  the  bay,  on  the 
eighteenth  of  June,  they  were  met  by  Lord  De-La-War, 
who  was  accompanied  with  a  large  number  of  adven- 
turers. He  persuaded  them  to  return,  recruited  their 
numbers,  supplied  their  necessities,  and  resettled  them 
at  Jamestown.  Lord  IXe-La-War  and  his  company  of 
adventurers,  came  to  Virginia  under  a  commission  a  Second 
issued  to  him  by  virtue  of  a  second  and  distinct  Charter  Cbarterap- 

•'  plied  lor 

from  the  Crown  to  the  proprietors  of  the  First  Colony  by  the 
issued    for    the    purpose    of    erecting   them    into    a  ^y  ^j.  ^q^, 
distinct    corporation  and  body   politic,   and   "  for  the  doa  Com- 
further   enlargement    and    explanation   of   the    privi-^ 
leges  of  the  said  First  Company  and  Colony  of  Vir- 
ginia." 

Upon  the  reception  of   Capt.  Smith's  surveys   and 
chart  in  England,  it  was  found  that  the   grants  con- 
tained in  the  previous  charter,  to  the  First  and  Second  issuing  of 
Colonies,  respectively  run  into  and  interfered  with  each  charteTby 
other,  while  at  the  same  time  his  explorations  disclosed  James  I. 
a  regioji  of  country  much  more  extensive  than  had  been 
hitherto  supposed  to  exist  in  the  New  World.     This 
second  charter  was  issued  in  pursuance  of  a  Petition 
presented  to  the  Crown  by  the  Proprietors  of  the  First 
Colony,  for  the  enlargement  of  the  corporation,  and 
also  for  a  more  liberal  and  specific  grant  of  territory, 
powers,  and  privileges. 

It  cites,  in  its  fii'st  and  second  sections,  the  former 
grant,  and  the  present  application,  and  names  in  the 
third  section,  as  members  of  the  new  corporation, 
over  one  thousand  persons ;  noblemen,  lords,  knights, 
divines,  merchants,  manufacturers,  mechanics  and  arti- 
sans. Besides  these  it  mentions  trading  companies  of 
all  descriptions,  such  as  "  merchants,  grocers,  mercers,  Xames  of 
drapers,  fishmongers,  goldsmiths,  spinners,  merchant- torsT"^*' 
tailors,  haberdashers,  salters,  iron-mongers,  vintners, 
cloth-workers,  dyers,  brewers,  leather-sellers,  pewter- 


60  THE   GOVERNMENTAL    HISTORY   OP 

Part  I.  tirginia, 

The  Sec-    ers,  ciitlcrs,  wliite-bakers,    brown-bakers,   wax-chand- 

ond  Char-   ,  „  ,         ^  .    ,,  ' 

ter  of  lers,  tallow-chancilers,  armorers,  girdlcrs,  butchers,  sad- 
to  tlKfLo'n-  ^^^^^^  carpenters,  cordwainers,  barber-chirurgeons,  paint- 
don  Com-  stainers,  carriers,  masons,  plumbers,  inn-holders,  found- 
23" leog!^^  ers,  poulterers,  cooks,  coopers,  brick-layers,  bowyers, 
blacksmiths,  joiners,  weavers,  woolmen,  wood-mongers, 
scriveners,  fruiterers,  plasterers,  stationers,  embroider- 
ers, upholsterers,  musicians,  turners,  gardeners,  basket- 
makers,  glaziers,  and  yeomen, — "  together  with  such 
and  so  many  as  they  do,  or  shall  hereafter,  admit  to  be 
joined  with  them  in  form  hereafter  in  these  presents 
expressed,  whether  they  go  in  their  persons,  to  be  plant- 
ers there  in  the  said  Plantation,  or  whether  they  go 
not,  but  adventure  their  monies,  goods,  or  chattels; 
that  they  shall  be  one  body  or  commonalty  perpetual, 
and  shall  have  perpetual  succession,  and  one  common 
seal,  to  serve  for  the  said  body  or  commonalty ;  and 
that  they,  and  their  successors,  shall  be  known,  called, 
and  incorporated  by  the  name  of 

New  des-  ThE   TREASURER   AND    COMPANY   OP   ADVENTURERS  AND 

oTthrcor-  Planters  op  the  City  op  London,  for  the  First  Col- 
poration,    qny  OP  VIRGINIA.     The  Charter  then  proceeds. 
Power  to        IV.    And  that  they  and  their  successors,  shall  be 
P"^^j|^.^^    from  henceforth  forever  enabled  to  take,  acquire  and 
property,    purchase,  by  the  name  aforesaid,  (licence  for  the  same, 
from  us,  our  heirs,  or  successors  first  had  and  obtained,) 
any  manner  of  lands,  tenements,  and  hereditaments, 
goods,  and  chattels,  within  our  Realm  of  England,  and 
dominion  of  Wales. 
To  plead        V.  And  that  they  and  their  successors,  shall  likp- 
pJetdedl""' wise  be  enabled,  by  the  name  aforesaid,  to  plead  and 
be  impleaded,  before  any  of  our  Judges  or  Justices,  in 
any  of  our  Courts,  and  in  any  actions  or  suits  whatso- 
ever. 

VI.  And  we  do  also  of  our  special  grace,  certain 
Confirma-  knowledge,  and  mere  motion,  give,  grant,  and  confirm 
former  ^i^^o  the  Said  Treasurer  and  Company,  and  their  suc- 
grants.       ccssors,  undcr  the  reservations,  limitations,  and  dcclara- 


THE   UNITED    STxVTES   OP   AMERICA.  Gl 

SKCO.NU    AND    SKl'AKATE    CHARTER    TO    TIIK    FIRST    t'DLONY.  I'aRT    I. 

tious,  hereafter  expressed,  all  those  lands,  countries,  ^^n'ond 
and  territories,  situate,  lying  and  being  in  that  part  oi  of  Jiimea 
America  called  Virginia,  from  the  point  of  land  called  l^,^,jq''** 
Cape  or  Point  Comfort,*  all  along  the  sea  coast,  to  the  Co.,  May 
northward  two  hundred  miles  ;  and  from  the  said  point  *j.^,q,^j   ' 
of  Cape  Comfort,  all  along  the  sea  coast  to  the  south-  Captain 
ward  two  hundred  miles  ;  and  all  that  space  and  circuit  chart. 
lying  from  the  sea  coast  to  the  precincts  aforesaid,  up 
into  the  land  throughout  from  sea  to  sea  west  and  north- 
west ;  and  also  all  the  Islands,  lying  within  one  hundred 
miles,  along  the  coast  of  both  seas  of  the  precinct  afore-  ^^^'^j  ^?*^ 
said,  together  with  all  the  soils,  grounds,  havens  and  territory, 
ports,  mines,  as  well  royal  mines  of  gold  and  silver,  as 
other  minerals,  pearls  and  precious  stones,  quarries, 
woods,  rivers,  waters,  fishings,  commodities,  jurisdictions, 
royalties,  privileges,  franchises,  and  preheminences,  with- 
in the  said  territories,  and  the  precincts  thereof,  whatso- 
ever, and  thereto  and  thereabouts,  both  by  sea  and  land, 
being  or  in  any  sort  belonging  or  appertaining,  and 
whicli  we,  l)y  our  Letters  Pattcnts,  may  or  can  grant,  in 
as  ample  manner  and  sort,  as  we  or  any  of  our  noble 
progenitors,  have  heretofore  granted  to  any  company, 
body  politic,  or  corporate,  or  to  any  adventurer  or  ad- former 
venturers,  undertaker  or  undertakers,  of  any  discov- judcd 
eries.  Plantations,  or  traffic,  of,  in  or  into  any  foreign  ^lerem. 
parts  whatsoever,  and  in  as  large  and  ample  manner,  as 
if  the  same  were  herein  particularly   mentioned  and 
expressed,  To  Have  and  To  Hold,  possess  and  enjoy,  Haben- 
all  and  singular  the  said  lands,  countries  and  territo- 
ries, with  all  and  singular  other  the  premises  hereto- 
fore by  these  presents    granted,  or  mentioned  to  be 
granted,  to  them,  the  said  Treasurer  and  Company, 
their  successors  and  assigns  forever ;  to  the  sole  and 
proper  use  of  them,  the   said  Treasurer  and  Company, 
their  successors  and  assigns  forever ;  to  be  holden  of  us,  Conditions 
our  heirs,  and  successors,  as  of  our  Manour  of  East 
Greenwich,  in  free  and  common  soccage,  and  not  in  Rosorva- 
capUe ;  yielding  and  paying  therefor  to  us,  our  heirs,  ^rowu.    ^ 


62  THE  GOVERNMENTAL    HISTORY   OP 

Part  I.  Virginia, 

Second      and  siiccessors,  the  fifth  part  only  of  all  ore  of  gold 
of  James    and  silver,  that  from  time  to  time,  and  at  all  times 
London^    hereafter,  shall  be  then  gotten,  had,  or  obtained,  for  all 
Co.,  May    manner  of  services. 
'        *        VII.  And  nevertheless  our  will  and  pleasure  is,  and 
we  do,  by  these  presents,  charge,  command,  warrant 
and  authorize,  that  the  said  Treasurer  and  Company, 
or  their  successors,  or  the  major  part  of  them,  which 
shall,  from  time  to  time,  under  their  common  seal,  dis- 
tribute, convey,  assign,  and  set  over,  such  particular 
Adventur-  portions  of  lands,  tenements,  and  hereditaments,  by 
former  ^^  tlicsc  presents  formerly  granted,  unto  such  our  loving 
grants.       subjects,  naturally  born,  or  denizens,  or  others,  as  well 
adventurers  as  planters,  as  by  the  said  Company  (upon 
a  commission  of  survey  and  distribution  executed  and 
returned  for  that  purpose)  shall  be  nominated,  appoint- 
ed, and  allowed  ;  wherein  our  will  and  pleasure  is,  that 
respect  be  had,  as  well  of  the  proportion  of  the  adven- 
turer, as  to  the  special  service,  hazard,  exploit,  or  merit 
of   any  person   so   to   be   recompensed,  advanced,  or 
rewarded. 
One  Conn-      YIII.  And  forasmuch  as  the  good,  and  prosperous 
En<rland.'"  succcss  of  the  said  Plantation  cannot  but  chiefly  depend, 
next  under  the  blessing  of  God,  and  the  support  of  our 
royal  authority,  upon  the  provident  and  good  direction 
of  the  whole  enterprize,  by  a  careful  and  understand- 
ing councel,  and  that  it  is  not  convenient,  that  all  the 
adventurers  shall  be  so  often  drawn  to  meet  and  assem- 
ble as  shall  be  requisite  for  them  to  have  meetings  and 
conference  about  the  affairs  thereof,  therefore  we  do 
ordain,  establish,  and  confirm,  that  there  shall  be  per- 
petually one  councel  here  resident,  according  to  the 
tenour  of  our  former  letters  pattents ;  which  councel 
Council  in  shall  have  a  seal,  for  the  better  government  and  ad- 
J^^g^^'^  *^  ministration  of  the  said  Plantation,  besides  the  legal 
seal.  seal  of  the  Company  or  corporation,  as  in  our  former 

letters  pattents  is  also  expressed. 

IX.    And   further,  we    establish    and    ordain,  that 


THE  UNITED   STATES   OP   AMERICA.  63 

SECOND    AND    SKPAUATE    CIIARTKR    TO    TIIK    FIRST    COLONY.  1'aRT    I. 

Henry,  Earl  of  Soutliampton  ;  William,  Earl  of  Pern-  F^ocond 
broke;  Henry,  Earl  of  Lincoln;  Thomas,  Earl  of  Exc- j;i,",\cs  l 
ter;    Robert,  Lord  Viscount  Lisle;    Lord  Thcophilus*ot''eLon- 
Howard  ;  James,  Lord  Bishop  of  Bath  and  Wells  ;  Ed- May  23,' 
ward.  Lord  Zouche ;  Thomas,  Lord  La  War  ;  William,  ^''*-'^* 
Lord  Monteaglc;  Edmond,  Lord  Sheffield  ;  Grey,  Lord 
Chandois  ;  John,  Lord  Stanhope  ;  George,  Lord  Carew; 
Sir  Humphrey  Weld,  Lord  Mayor  of  London  ;  Sir  Ed- 
ward Cecil ;  Sir  William  Wade ;  Sir  Henry  Neville ; 
Sir  Thomas  Smith  ;    Sir  Oliver  Cromwell ;   Sir  Peter 
Manwood  ;  Sir  Thomas  Chaloner ;  Sir  Henry  Hobart ; 
Sir  Francis  Bacon  ;  Sir  George  Coppin  ;  Sir  John  Scot ;  of^JJe®""^ 
Sir  Henry   Carey ;    Sir    Robert    Drury ;    Sir   Horatio  King's 
Vere ;  Sir  Edward  Conway ;    Sir   Maurice  Berkeley ;  England. 
Sir  Thomas   Gates ;    Sir  Michael  Sandys ;  Sir  Robert 
Mansel ;    Sir  John  Trevor ;    Sir  Amias  Preston ;    Sir 
William  Godolphin  ;  Sir  Walter  Cope  ;  Sir  Robert  Kil- 
ligrcw ;  Sir  Henry  Fanshaw ;    Sir  Edwin  Sandys ;  Sir 
John  Watts ;  Sir  Henry  Montague  ;  Sir  William  Rom- 
ney  ;  Sir  Thomas  Roe  ;  Sir  Baptist  Hicks  ;  Sir  Richard 
Williamson ;  Sir  Stephen  Poole  ;   Sir  Dudley  Digges ; 
Christopher  Brooke,  Esq ;    John    Eldred ;    and  John 
Wolstenholme ;  shall  be  our  councel  fop  the  said  Com- 
pany of  adventurers  and  planters  in  Virginia. 

X.  And  the  said  Sir  Thomas  Smith  we  do  ordain  to  The  Treas- 
be  treasurer  of   the  said  Company ;    which  treasurer  Company. 
shall  have  authority  to  give  order,  for  the  warning  of 
the  councel  and   summoning  the  Company,  to  their  To  warn 

,  , .  '  nieetinga. 

courts  and  meetings. 

XL  And  the  said  Councel  and  Treasurer,  or  any  of  The  Coun- 
them,  shall  be  from  henceforth,  nominated,  chosen,  con- ^',.p!^gj,j.gp 
tinned,  displaced,   changed,  altered,  and  supplied,  as  of  the 

,        ,  ,,  1  .  ,     n  .  ,      -,  Company, 

death,  or  other  several  occasions,  shall  require,  out  or  how  to  be 
the  company  of  the  said  adventurers,  by  the  voice  of  the  ^'^oscn, 

^      •'  ^  '     •'  and  vacan- 

greater  part  of  the  said  company  and  adventurers,  in  tics  in, 
their  assembly  for  that  purpose  :     Provided  ahva?/s,  that  ^J!^^,!^ 
every  councellor,  so  newly  elected,  shall  be  presented  to  oath  of. 
to  the  Lord  Chancellor  of  England  or  to  the  Lord  High 


64  THE  go\t:rnmental  history  of 

Tart  I.  .  Virginia. 


Second  Treasurer  of  England,  or  to  the  Lord  Chamberlain  of 
James'l.^^  the  household  of  us,  our  heirs,  and  successors,  for  the 
to  the  Lou- ^ij^^(5  being  to  take  his  oath  of  a  councellor  to  us,  our 
May  23J'  hcirs,  and  successors,  for  the  said  company  of  adven- 
•^^"^"         turers  and  Colony  in  Virginia. 

XII.  And  we  do  by  these  presents,  of  our  special 
Deputy      grace,  certain  knowledge,  and  mere  motion,  for  us,  our 
mTy  bTap- •'^^^^'^'  and  successors,  grant  unto  the  said  treasurer 
pointed,     and  Company,  and  their  successors,  that  if  it  happen, 
when!"      at   any   time   or    times,   the   treasurer    for    the   time 
being  to  be  sick,  or  to  have  any  such  cause  of  absence 
from  the  City  of  London,  as  shall  be  allowed  by  the 
said  Councel,  or  the  greater  part  of  them,  assembled, 
so  as  he  cannot  attend  the  affairs  of  that  Company,  in 
every  such  case,  it  shall  and  may  be  lawful  for  such 
treasurer  for  the  time  being,  to  assign,  constitute  and 
appoint,  one  of  the  Councel  or  Company,  to  be  likewise 
allowed  by  the  Councel,  or  the  greater  part  of  them 
assembled,  to  be  the    Deputy  Treasurer  of  the  said 
Powers  of  Company ;  which  deputy  shall  have  power  to  do  and 
ut^/'Sea's-  execute  all  things  which  belong  to  the  said  treasurer, 
urer.         during  such  time  as  such  treasurer  shall  be  either  sick, 
or  otherwise  absent  upon  the  cause  allowed  of  by  the 
said  Councel,  or  the  major  part  of  them,  as  aforesaid, 
so  fully  and  wholly,  and  in  as  large  and  ample  manner 
and  form,  to  all  intents  and  purposes,  as  the  said  treas- 
urer, if  he  were  present,  himself  might  or  could  do  and 
execute  the  same. 
The  King's     XIII.    And  further,  of   our   special   grace,  certain 
Counciiin  i^j^owledge,  and  mere  motion,  for  us,  our  heirs,  and  sue- 

Ifjuglana  to  '-''  •ij.^n 

appoint  cessors,  we  do,  by  these  presents,  give  and  grant  lull 
moyT'M  power  and  authority  to  our  said  Councel,  here  resident, 
officers  in  as  wcll  at  this  present  time,  as  hereafter  from  time  to 
uy.  time,  to  nominate,  make,  constitute,  ordain,  and  con- 

firm,- by  such  name  or  names,  stile  or  stiles,  as  to  them 
shall  seem  good,  and  likewise  to  revoke,  change,  and 
alter,  as  wcll  all  and  singular  governors,  officers,  and 
ministers,  which   already   have   been  madej    as  also 


THE   UNITED    STATES   OF   AMERICA.  65 

SECOND    AND    SEl-AUATK    CHAUTER    TO    TUE    FIRST    COLONY.  PaRT    I. 

which  hereafter  shall  be  by  them  thought  fit  and  need-  Second 
ful  to  be  made  or  used,  for  the  government  of  the  said  james  i. 
Colony  and  plantation.  doi'co^^'"' 

XIV.  And  also  to  make,  ordain,  and  establish  all  May  23] 
manner  of  orders,  laws,  directions,  instructions,  forms,     ^^' 
and  ceremonies  of  government  and  magistracy,  fit  and 
necessary,  for  and  concerning  the  government  of  the 
said  Colony  and  Plantation ;  and  the  same  at  all  times 
hereafter,  to  abrogate,   revoke,  or  change,  not  only  To  estab- 
"within  the  precincts  of  the  said  Colony,  but  also  upon  of  Govem- 
the  seas  in  going  and  coming  to  and  from  the  said  Col-'"*^"*  ^j*"" 
ony,  as  they,  in  their  good  discretion,  shall  think  to  be  ny. 
fittest  for  the  good  of  the  adventurers  and  inhabitants 
there. 

XY .  And  we  do  also  declare,  that,  for  divers  reasons  The  pow- 
and  considerations  us  thereunto  especially  moving,  our  president 
will  and  pleasure  is,  and  we  do  hereby  ordain,  that  '^]^'^,  Coun- 
immediately  from  and  after  such  time  as  any  such  gov-  colony  un- 
ernor  or  principal  officer,  so  to  be  nominated  and  ap-  p"g[^ni, 
pointed,  by  our  said  Councel,  for  the  government  of  ter  to 
the  said  Colony,  as  aforesaid,  shall  arrive  in  Virginia,  ^^j^^^' 
and  give  notice  unto  the  Colony  there  resident  of  our 
pleasure  in  this  behalf,    the  government,  power  and 
authority  of  the  President  and  Councel,  heretofore  by 
our  letters  pattents  there  established,  and  all  laws  and 
Constitutions,  by  them   formerly   made,  shall   utterly 
cease  and  be  determined ;  and  all  officers,  governors, 
and  ministers  formerly  constituted  and  appointed  shall 
be  discharged  ;  any  thing  in  our  former  letters  pattents 
concerning  the  said  Plantation  contained  in  any  wise 
to  the  contrary  notwithstanding ;  straightly  charging  and 
commanding  the  President  and  Councel,  now  resident 
in  the  said  Colony,  upon  their  allegiance,  after  knowl- 
edge given  unto  them  of  our  will  and  pleasure,  by 
these  presents  signified  and  declared,  that  they  forth- 
with be  obedient  to  such  governor  or  governors,  as  by 
our  said  Councel  here  resident,  shall  be  named  and 

appointed,  as  aforesaid,  and  to  all  directions,  orders 
5 


66 


THE  GOVERNMENTAL   HISTORY  OP 


Part  I. 


Second      and   commandments,  which   they  shall   receive   from 

Charter  of  ,,  .        i  ...  -,      •    •  « 

James  I.,    them,  as  well  in  the  present  resigning  and  giving  up  oi 

tOtheLon-+l,^;„      „„+l>, ,,.;  +  „        r.ffir.r.c,        /^Uo,.n-rw      n,irl      -.-^r.nnc        oo      i  .1       q,\1 


don  Co., 
May  2  a, 
1G09. 


Privilege 
of  mininj 
&c. 


their  authority,  offices,  charge  and  places,  as  in 
other  attendance,  as  shall  be  by  them,  from  time  to 
time,  required. 

XVI.  And  we  do  further,  by  these  presents,  ordain, 
and  establish,  that  the  said  Treasurer  and  Council  hero 

Members,  resident,  and  their  successors,  or  any  four  of  them. 

Low  admit-  '  . 

ted  to  the  being  assembled  (the  treasurer  being  one)  shall  from 
thTcom-'^  time  to  time,  have  full  power  and  authority,  to  admit 
pany,  and  and  rcceivc  any  other  person  into  their  company,  cor- 
francbised.  poratioii,  and  freedom ;  and  further,  in  a  general  assem- 
bly of  the  adventiirers,  with  the  consent  of  the  greater 
part,  upon  good  cause,  to  disfranchise  and  put  out  any 
person  or  persons,  out  of  the  said  freedom  and  corq- 
paiiy. 

XVII.  And  we  do  also  grant  and  confirm,  for  us,  our 
heirs  and  successors,  that  it  shall  be  lawful  for  the  said 
Treasurer  and  Company,  and  their  successors,  by  direc- 
tion of  the  governors  there,  to  dig  and  to  search  for  all 
manner  of  mines  of  gold,  silver,  copper,  iron,  lead,  tin, 
and  all  sorts  of  minerals,  as  well  within  the  precinct 
aforesaid,  as  within  any  part  of  the  main  land,  not  for- 
merly granted  to  any  other,  and  to  have  and  enjoy  the 
gold,  silver,  copper,  iron,  lead  and  tin,  and  all  other 
minerals,  to  be  gotten  thereby,  to  the  use  and  behoof 
of  the  said  company  of  planters  and  adventurers  yield- 
ing thereof  and  paying  yearly,  unto  us,  our  heirs  and 
successors,  as  aforesaid. 

XVIII.  And  we  do  further,  of  our  special  grace,  cer- 
aTvxfntu'r-   ^^^^^  kuowlcdgc,  and  mere  motion,  for  us,  our  heirs,  and 

siiccessors,  grant,  by  these  presents,  to  and  with  the  said 
Treasurer  and  Company,  and  their  successors,  that  it 
shall  be  lawful  and  free  for  them,  and  their  assigns,  at 
all  and  every  time  and  times  hereafter,  out  of  our  realm 
of  England,  and  out  of  all  other  our  dominions,  to  take 
and  lead  into  the  said  voyages,  and  for  and  towards  the 
said  plantation,  and  to  travel  thitherwards,  and  to  abide 


Power  to 


adventur 
crs, 


THE   UNITED    STATES   OF   AMERICA.  67 

SECOND    AND    SEl'AKATK    CHARTER   TO    THE    FIRST    COLONY.  I'aKT    I. 

and  inhabit  there  in  the  said  colony  and  plantation,  all  Second 
such  and  so  many  of  our  loving  subjects,  or  any  other  j.^','"^!^^j '^ 
strangers,  that  will  become  our  loving  subjects  and  live  to  tbe  Lon- 
under  our  obedience,  as  shall  willingly  accompany  them  May  23,' 
in  the  said  voyage  and  plantation;  with  sufficient  ship-^*"*^^- 

■^    ^  ^         ,  .,.  ^  '■    May  traiis- 

pmg,  armour,  weapons,  ordnance,  munition,  powder,  port  ar- 
shot,  victuals,  and  such  merchandizes  or  wares,  as  are  '"^"'''  ^"'*' 

'  '  ^  ^  '  uals,  mer- 

esteemed  by  the  wild  people  in  those  parts,  clothing,  chandize, 
implements,  furniture,  cattle,  horses,  and  mares,  and  all  ^q  '^e  na- 
other  things,  necessary  for  the  said  plantation,  and  for  ti^es. 
their  use  and  defence,  and  trade  with  the  people  there ;  importa- 
and  in  passing  and  returning  to  and  fro;  without  yield- *'?"^j^^j, 
ing  or  paying  subsidy,  custom,  imposition,  or  any  other  crs  free  of 
tax  or  duty,  to  us,  our  heirs,  or  successors,  for  the  space  s"vL*"^ 
of  seven  years  from  the  date  of  these  presents.     P;-c>- years. 
vided,  that  none  of  the  said  persons  be  such,  as  shall  be  Proviso  as 

1  ^,        1  .   1  J.      •       J  1  ,     .       to  certain 

hereaiter,  by  especial  name,  restrained  by  us,  our  heirs,  persons. 
and  successors. 

XIX.  And  for  their  further  encouragement,  of  our 
special  grace  and  favor,  we  do,  by  these  presents,  for  us, 
our  heirs,  and  successors,  yield  and  grant,  to  and  with 
the  said  Treasurer  and  Company,  and  their  successors, 
and  every  of  them,  their  factors  and  assigns,  that  they         ' 
and  every  of  them,  shall  be  free  of  all  subsidies  and  Imports 
customs  in  Virginia  for  the  space  of  one-and-twenty  p"[.tg  ^f 
years,  and  from  all  taxes  and  impositions,  for  ever,  upon  the  Com- 
any  goods  or  merchandize,  at  any  time  or  times  here- of  duty  21 
after,  either  upon  importation  thither,  or  exportation  ^'^'^/'■'"'.  ^^^ 
from  them  into  our  realm  of  England,  or  into  any  other  &c.,  for- 
of  our  realms  or  dominions,  by  the  said  Treasurer  and 
Company,  and  their  successors,  their  deputies,  factors 
or  assigns,  or  any  of  them :     Except  only  the  five  pounds 
per  cent,  due  for  customs,  upon  all  such  sroods  and  ^^^cpt  5 

^  '       ^  °    _  per  ct.  on 

merchandizes  as  shall  be  brought  or  imported  into  0 ur  goods  im- 
realm  of  England,  or  any  other  of  these  our  dominions,  En'n-iand!  ^ 
according  to  the  ancient  trade  of  merchants ;   which  Then  to  be 
five  pounds  per  cent,  only  being  paid,  it  shall  be  thence- f^'^^.P^^Qp^j.. 
forth  lawful  and  free  for  the  said  adventurers  the  same  cign  ports, 


68 


THE   GOVERNMENTAL    HISTORY   OP 


Part  I. 


VIRGINIA, 


Second 
Charter  of 
James  I. 
to  the  Lon- 
don Co., 
May  23, 
1609. 
Proviso. 


Power  to 
expel  in- 
truders 
from  the 
Colony. 


Power  to 
seize  trad- 
ers not  be- 
longing to 
the  Colony. 


How  to  be 
treated  if 
British 
subjects. 


goods  and  merchandizes  to  export,  and  cany  out  of  our 
said  dominions,  into  foreign  ports,  without  any  custom, 
tax,  or  other  duty,  to  be  paid  to  us,  our  heirs,  or  suc- 
cessors, or  to  any  other  our  officers  or  deputies.  Pro- 
vided, that  the  said  goods  and  merchandize  be  shipped 
out,  within  thirteen  months  after  the  first  landing  with- 
in any  part  of  those  dominions. 

XX.  And  we  do  also  grant  and  confirm  to  the  said 
Treasurer  and  Company  and  their  successors,  as  also  to 
all  and  every  such  governor,  or  other  officers  and  min- 
isters, as  by  our  said  Councel  shall  be  appointed  to  have 
power,  authority  of  government,  and  command,  in  or 
over  the  said  colony  or  plantation ;  that  they,  and  every 
of  them,  shall  and  lawfully  may,  from  time  to  time,  and 
at  all  times  forever  hereafter,  for  their  several  defence 
and  safety,  encounter  expulse,  repel,  and  resist,  by  force 
and  arms,  as  well  by  sea  as  by  land,  and  all  ways  and 
means  whatsoever,  all  and  every  such  person  and  per- 
sons whatsoever,  as  (without  the  special  licence  of  the 
said  Treasurer  and  Company,  and  their  successors) 
shall  attempt  to  inhabit  within  the  said  several  precincts 
and  limits  of  the  said  colony  and  plantation ;  and  also, 
all  and  every  such  person  and  persons  whatsoever,  as 
shall  enterprize  or  attempt,  at  any  time  hereafter, 
destruction,  invasion,  hurt,  detriment,  or  annoyance,  to 
the  said  colony  and  plantation,  as  is  likewise  specified 
in  the  said  former  grant. 

XXI.  And  that  it  shall  be  lawful  for  the  said  Treas- 
urer and  Company,  and  their  successors,  and  every  of 
them,  from  time  to  time,  and  at  all  times  forever  here- 
after, and  they  shall  have  full  power  and  authority,  to 
take  and  surprize,  by  all  ways  and  means  whatsoever, 
all  and  every  person  and  persons  whatsoever,  with  their 
ships,  goods,  and  other  furniture,  trafficking  in  any  har- 
bour, creek  or  place,  within  the  limits  or  precincts  of 
the  said  colony  and  plantation,  not  being  allowed  by 
the  said  Company  to  be  adventurers  or  planters  of  the 
said   colony,  until   such  time  as   they,  being  of  any 


THE   UNITED    STATES   OP   AMERICA.  69 

SECOND    AND    SEPARATE    CHARTER    TO    THE    FIRST    COLONY.  PaRT    I. 


realms  and  dominions  under  our  obedience,  shall  pay  Second 
or  agree  to  pay,  to  the  hands  of  the  treasurer,  or  of  j[','^'^!s''i*'^ 
some  other  officer,  deputed  by  the  said  governor  of  to  the  Lon- 
Virginia  (over  and  above  such  subsidy  and  custom,  as  May  23 ' 
the  said  Company  is,  or  hereafter  shall  be,  to  pay)  five  ^^^^• 
pounds  per  cent,  upon  all  goods  and  merchandizes  so 
brought  in  thither,  and  also  five  per  cent,  upon  all  goods 
by  them  shipped  out  from  thence ;  and  being  strangers, 
and  not  under  our  obedience,  until  they  have  paid  (over  How  to  be 
and  above  such  subsidy  and  custom,  as  the  said  Treas-  ^''^f^^'^.A^, 

•'        ^  '         ^  not  British 

urcr  and  Company,  or  their  successors  is,  or  hereafter  subjects. 
shall  be,  to  pay)  ten  pounds  per  cent,  upon  all  such 
goods  likewise  carried  in  and  out,  anything  in  the  said 
former  Letters  Pattents  to  the  contrary  notwithstand- 
ing:    And  the  same  sums  of  money  and  benefit,  as  Such  duties 
aforesaid,  for  and  during  the  space  of  one-and-twenty  p^^j  to^t'^e 
years,  shall  be  wholly  employed  to  the  benefit,  use  and  use  of  the 
behoof  of  the  said  colony  and  plantation ;    and  after  21  years. 
the  said  one-and-twenty  years  ended,  the  same  shall  be 
taken  to  the  use  of  us,  our  heirs,  and  successors,  by  ^fte,.  t^at 

such  officers  and  ministers  as  by  us,  our  heirs,  or  sue-  ^^  ^\^  "^® 

.  ''         '  /  of  the 

cessors,  shall  be  thereunto  assigned  and  appointed,  as  Crown, 
is  specified  in  the  said  former  Letters  Pattents. 

XXII.  Also,  we  do,  for  us,  our  heirs,  and  successors.  Colonists 
declare,  by  these  presents,  that  all  and  every  the  per-*^"^  ^^^'^^ 

'     "^  ^  '        .  •'  ^        posterity 

sons,  being  our  subjects,  which  shall   go  and  inhabit  to  be  con- 
within  the  said  colony  and  plantation,  and  every  of^j,fJg^^ 
their  children  and  posterity,  which  shall  happen  to  be  subjects. 
born  within  any  the  limits  thereof,  shall  have  and  enjoy 
all  liberties,  franchises,  and  immunities  of  free  denizens 
and  natural  subjects,  within  any  of  our  dominions,  to 
all  intents  and  purposes,  as  if  they  had  been  abiding 
and  born,  within  this  our  realm  of  England,  or  m  any 
other  of  our  dominions. 

XXIII.  And  forasmuch,  as  it  shall  be  necessary  for  Christiani- 
all  such  our  loving  subjects  as  shall  inhabit  within  the  nized  as'an 
said  precincts  of  Virginia  aforesaid,  to  determine  to  element m 

'■  .  govern- 

live  together  in  the  fear  and  true  worship  of  Almighty  ment- 


70 


THE   GOVERNMENTAL   HISTORY   OF 


Part  I. 


Second 
Charter 
of  James 
I.  to  the 
London 
Co.,  May 
23,  1609. 


Judicial 
and  execu- 
tive pow- 
ers vested 
in  the  Co- 
lonial Gov- 
ernors and 
Council. 


Proviso. 


Colonial 
Governor 
empower- 
ed to  en- 
force mar- 
tial law, 
in  cases  of 
rebelhon 
or  mutiny. 


God,  christian  peace,  and  civil  quietness,  each  with 
other,  whereby  every  one  may,  with  more  safety, 
pleasure,  and  profit,  enjoy  that  whereunto  they  shall 
attain  with  great  pain  and  peril ;  We  for  us,  our  heirs, 
and  successors,  are  likewise  pleased  and  contented,  and 
by  these  presents,  do  give,  and  grant  unto  the  said 
Treasurer  and  Company,  and  their  successors  ;  and  to 
such  governors,  officers,  and  ministers,  as  shall  be,  by 
our  said  Councel,  constituted  and  appointed,  according 
to  the  nature  and  limits  of  their  offices  and  places  respect- 
ively, that  they  shall  and  may,  from  time  to  time  forever 
hereafter,  within  the  said  precincts  of  Virginia ;  or  in 
the  way  by  seas  thither  and  from  thence,  have  full  and  ab- 
solute power  and  authority,  to  correct,  punish,  pardon, 
govern  and  rule,  all  such,  the  subjects  of  us,  our  heirs 
and  successors,  as  shall  from  time  to  time  adventure 
themselves  in  any  voyage  thither,  or  that  shall,  at  any 
time  hereafter  inhabit  in  the  precincts  and  territories 
of  the  said  colony  as  aforesaid,  according  to  such  orders, 
ordinances,  constitutions,  directions,  and  instructions, 
as  by  our  said  Councel,  as  aforesaid,  shall  be  established ; 
and  in  defect  thereof,  in  case  of  necessity,  according  to 
the  good  discretions  of  the  said  governor  and  officers, 
respectively,  as  well  in  cases  capital  and  criminal  as 
civil,  both  marine  and  other ;  so  always  as  the  said 
statutes,  ordinances  and  proceedings,  as  near  as  con- 
veniently may  be,  be  agreeable  to  the  laws,  statutes, 
government,  and  policy  of  this  our  Realm  of  Eng- 
land. 

XXIY.  And  we  do  further,  of  our  special  grace, 
certain  knowledge,  and  mere  motion  grant,  declare  and 
ordain,  that  such  principal  governor,  as,  from  time  to 
time,  shall  duly  and  lawfully  be  authorized  and  ap- 
pointed, in  manner  and  form  in  these  presents  hereto- 
fore expressed,  shall  have  full  power  and  authority,  to 
use  and  exercise  martial  law,  in  cases  of  rebellion  or 
mutiny,  in  as  large  and  ample  manner,  as  our  Lieuten- 
ants in  our  counties,  within  this  our  realm  of  England, 


THE   UNITED   STATES   OF   AMERICA.  71 

SKCOND    AND    SEPARATE    CHARTER    TO    THE    FIRST    COLONY.  PaRT    I. 

have  or  ought  to  have,  by  force  of  then'  Commission  Second 

/.  T  •       i  Cliarter  of 

of  LlCutCliaucy.  Ja.nesl.to 

XXY.    And  furthermore,  if  any  person  or  persons,  tiie  Lon- 
adventurcrs  or  planters  of  the  said  colony,  or  any  other,  May  23,' 
at  any  time  or  times   hereafter,  shall    transport  any  ^'^ ''•^• 
monies,  goods,  or  merchandizes  out  of  any  of  our  king- fiauduient- 
doms,-witli  a  pretense  or  purpose  to  land,  sell,  or  other- 'y^^j^^'y'^S 
wise  dispose  of  the  same,  within  the  limits  or  bounds  other  than 
of  the  said  colony,  and  yet  nevertheless,  being  at  sea,  arpor't  of^ 
or  after   he  hath  landed  within  any  part  of  the  said  destina- 
colony,  shall  carry  the  same  into  any  other  foreign 
country,  with  a  purpose  there  to  sell  and  dispose  there- 
of; that  then  all  the  goods  and  chattels  of  the  said  per- 
son, or  persons,  so  offending  and  transported,  together 
with  the  ship  or  vessel,  wherein  such  transportation 
was  made,  shall  be  forfeited  to  us,  our  heirs  and  suc- 
cessors. 

XXYI.   And  further  our  will  and  pleasure  is,  that  Construc- 
m  all  questions  and  doubts  that  shall  arise,  upon  any  charters 
difficulty  of  construction  or  interpretation  of  anything,  to  be  most 
contained  either  in  this,  or  in  our  said  former  letters  to  Patent- 
pattents,  the  same  shall  be  taken  and  interpreted,  in  ®^^- 
most  ample  and  beneficial  manner  for  the  said  Treas- 
urer and  Company,  and  their  successors,  and   every 
member  thereof. 

XXVII.  And  further  we  do  by  these  presents,  ratify  Former 
and  confirm  unto  the  said  Treasurer  and  Company,  and  coi^r^j^gd 
their  successors,  all  the  privileges,  franchises,  liberties, 

and  immunities,  granted  in  our  said  former  letters 
pattents,  and  not  in  these  our  letters  pattents  revoked, 
altered,  changed,  or  abridged. 

XXVIII.  And  finally,  our  will  and  pleasure  is,  and  Adventur- 
we  do  further,  hereby,  for  us,  our  heirs,  and  successors,  ter  admh-" 
grant  and  agree,  to  and  with  the  said  Treasurer  and  ]^^  ^"^  ^-^^ 
Company,  and  their  successors,  that  all  and  singular  entitled  to 
person  and  persons,  which  shall,  at  any  time  or  times,  pr J"i"  g 
hereafter  adventure  any  sum  or  sums  of  money,  in  and  as  if  here- 
towards  the  said  Plantation  of  the  said  colony  in  Vir- '°  °  ™®  ■ 


72  THE  GOVERNMENTAL   HISTORY   OP 

Part  I.  Virginia, 

Second       giiiia,  and  shall  be  admitted  by  the  said  Councel  and 
James^i.^to  Company,  as  adventurers  of  the  said  Colony,  in  form 
the  Lou-    aforesaid,  and  shall  be  enrolled  in  the  book  or  records 
May  23,'     of  thc  adventurers  of  the  said  Company,  shall  and  may 
1609,        YyQ  accounted,  accepted,  taken,  held,  and  reputed,  ad- 
venturers of  the  said  colony,  and  shall  and  may  enjoy 
all  and  singular  grants,  privileges,  liberties,  benefits, 
profits,  commodities,  and  immunities,  advantages,  and 
emoluments,  whatsoever,  as  fully,  largely,  amply,  and 
absolutely,  as  if  they,  and  every  of  them,  had  been  pre- 
cisely, plainly,  singularly,  and  distinctly,  named  and 
inserted  in  these  our  letters  pattents. 
Protest-         XXIX.     And    lastly,    because   the   principal   effect 
antism       "vv-hicli  we  can  desire  or  expect  of  this  action,  is,  the 

recognized  .  .  7,  ^      •        ■, 

as  opposed  Conversion  and  reduction  of  the  people  in  those  parts 
to  Roman-  ^^^^^^  ^j^^  ^^^^^  Worship  of  God  and  the  Christian  r^li- 

ism,  and  t" 

the  latter   gioii,  in  wliich  rcspcct  we  should  loath  that  any  person 
aga'msL      sliould  be  permitted  to  pass  that  we  suspected  to  affect 
the  superstitions  of  the  Church  of  Rome  ;  We  do  here- 
by declare,  that  it  is  our  will  and  pleasure,  that  none 
be  permitted  to  pass  in  any  voyage,  from  time  to  time 
to  be  made  into  the  said  country  but  such  as  shall  first 
Oath  of     have  taken  the  Oath  of  Supremacy  ;  for  which  purpose, 
to  bTair^  we  do,  by  these  presents,  give  full  power  and  authority, 
ministered  to  the  Treasurer  for  the  time  being,  and  any  three  of 
venturers   the  Couiicel,  to  tender  and  exhibit  the  said  oath,  to  all 
before  em- g^^^^lj  pcrsons,  Es  sliall,  at  any  time,  be  sent  and  em- 
and  by      ployed  in  the  said  voyage : 

in'r  finite  Although  express  mention  of  the  true  yearly  value 
description  or  certainty  of  the  premises,  or  any  of  them,  or  of  any 
iis^  no"  to  Other  gifts  or  grants  by  us,  or  any  of  our  progenitors 
be  prejudi-  or  predccessors,  to  the  aforesaid  Treasurer  and  Com- 

cial  to  the  t       .        ,  .      •  i.  j 

adventur-  pany  heretofore  made,  in  these  presents  is  not  maae ; 

^"-  or  any  act,  statute,  ordinance,  provision,  proclamation, 

or  restraint,  to  thc  contrary  thereof  had,  made,  ordained, 
or  provided,  or  any  other  thing,  cause  or  matter,  what- 
soever, in  any  wise  notwithstanding.  In  witness  whereof ^ 
We  have  caused  these  our  letters  to  be  made  pattent. 


THE   UNITED    STATES   OF  AMERICA.  73 

SECOND    AND    SEl'AUATK    CllARTEK    TO    TllK    FIRST    COLONY.  PaRT    I. 

Witness  ourself  at  Westminster,  the  twenty-third  day 
of  May,  1609,  in  the  seventh  year  of  our  reign  of  Eng- 
land, France  and  Ireland  ;  and  of  Scotland  the  xxx. 

Per  Ipsum  Reg-em — Lukin.. 


It  required,  as  we  have  seen,  no  special  exercise  of  Lord  De- 
tlie  powers  conferred  in  the  fifteenth  section  of  this  ^^jj^ji^lgf 
Charter  to  invest  Lord  De-La-War,  on  his  arrival  intratiou. 
Virginia,  with  the  ample  enjoyment  of  his  title  of  Gov- 
ernor and  Captain  General  of  the  colony,  or  the  un- 
embarrassed exercise  of  his  powers.     After  resettling 
the  adventurers  at  Jamestown,  he  entered  upon  the  dis- 
charge of  his  duties  with  energy,  firmness,  prudence, 
and  decision.     He  restored  the  plantation  to  a  state  of 
union,  harmony,  and  good  government,  while  at  the 
same  time  he  inspired  the  natives  with  veneration,  and 
awe  of  his  authority.     But  declining  health  prevented 
him  from  long  discharging  the  duties  of  his  important 
and  responsible   position.     He   consequently  resigned  His  resig- 
the  government  into  the  hands  of  Mr.  George  Percy,  '^^*'''"- 
one  of  his  associates ;  and  sailed  for  the  West  Indies, 
leaving  about  two  hundred  inhabitants  in  the  colony, 
in  the  enjoyment  of  health,  tranquillity,  and  plenty.*  *  Marshall. 

There  is  nothing  particularly  interesting,  or  impor- 
tant to  our  purpose,  connected  with  the  local  history  of 
the  colony  in  America  at  this  period.     The  form  of^on^j^jQ^ 
government  under  which  it  existed  was  hardly  tangible,  of  the 
and  not  illustrative  of  the  operation  of  any  of  the  pro-inAmeri- 
visions  of  the  new  cliarter.     The  settlers  lapsed  into  *^^'  ^^^^* 
a  lewd  and  disorderly  state,  leading  rather  a  vagrant 
life,t  restless,  and  impatient  of  restraint.     The  settle- f  See  Third 
ment  itself  must  be  regarded  as  a  nucleus  for  further  ^e^^^^y 
experiments  and  observations  by  the  Company,  rather  Post, 
than  the  actual  commencement  of  a  well  ordered  and 
permanently  established  frame-work  of  social  or  politi- 
cal organization. 

The  shipwreck  of  Sir  Thomas  Gates  near  the  Bermu- 


74 


THE   GOVERNBIENTAL   HISTOEY   Of 


Part  I. 


VIRGINIA, 


General 
results  of 
these  ex- 
peditions 
of  the  Co. 


Third 
Charter  to 
the  Lon- 
don Co. 

*  See  Sees. 
viii,  ix,  and 
xiv. 


das;  the  passing  to  and  fro  of  transport  and  trading 
vessels,  not  as  yet  numerously  or  heavily  freighted  with 
adventurers,  or  merchandize;  disclosed,  from  time  to 
time,  the  existence  of  various  Islands  in  the  intervening 
and  adjacent  sea,  which  attracted  the  direct  attention 
of  the  Company,  more  than  their  small  plantation  in 
Virginia.  Their  chief  ambition  seeming  to  have  been, 
to  grasp  all,  and  then  more  minutely  to  concern  them- 
selves about  its  particular  occupancy  and  government. 
We  must  therefore  leave  Virginia  for  a  brief  season 
and  note  the  more  appropriate  operations  and  embar- 
rassments of  the  Corporation  in  England.  These  will 
sufficiently  appear  from  the  provisions*  of  a  third 
charter  to  The  London  Company  at  this  time  issued  to 
them  by  the  Crown.  This  charter  commences  by  reci- 
ting in  its  first  and  second  sections,  by  way  of  pream- 
ble, the  application  for  the  second  charter,  the  name 
under  which  the  Company  was  thereby  incorporated, 
and  the  enlarged  boundaries  as  described  in  its  sixth 
section,  and  proceeds : 

III.  Now,  forasmuch  as  we  are  given  to  understand, 
that  in  those  seas,  adjoining  to  the  said  coast  of  Vir- 
ginia, and  without  the  compass  of  those  two  hundred 
miles,  by  us  so  granted  unto  the  said  Treasurer  and 
Company,  as  aforesaid,  and  yet  not  far  distant  from  the 
said  colony  in  Virginia,  there  are,  or  may  be,  divers 
lands,  lying  desolate  and  uninhabited,  some  of  which 
are  already  made  known  and  discovered,  by  the  indus- 
try, travel,  and  expences  of  the  said  Company,  and 
others  also  are  supposed  to  be  and  remain,  as  yet,  un- 
known and  undiscovered,  all  and  every  of  which  it  may 
im}X)rt  tlie  said  colony,  both  in  safety  and  policy  of 
trade,  to  populate  and  plant,  in  regard  whereof,  as  well 
for  the  preventing  of  peril,  as  for  the  better  commodity 
and  prosperity  of  the  said  colony,  they  have  been  hum- 
ble suitors  unto  us,  that  we  would  be  pleased  to  grant 
unto  them  an  enlargement  of  our  said  former  letters 
pattents,  as  well  as  for  a  more  ample  extent  of  their 


See  Ante. 


Preamble 
to  the 
Third 
Charter. 


THE   UNITED   STATES  OP  AMERICA.  75 

THIRD    AND    SEPARATE    CHARTER    TO    THE    FIRST    COLONY.  PaRT    I. 

limits  and  territories  into  the  seas,  adjoining  to  and  Third 
upon  the  coast  of  Virginia,  as  also  for  some  other  mat-  j^nies  i. 
ters  and  articles,  concerning  the  better  government  of  ^°*^^  Loa- 
the said  Company  and  Colony,  in  which  point  our  said  March  12, 
former  letters  pattents  do  not  extend  so  far,  as  time  and  i''l^T^^" 

'^  '  .  Ucnciency 

experience  hath  found  to  be  needful  and  convenient,      of  former 

IV.  We  therefore,  tendering  the  good  and  happy  sue- P'"'*^"*^- 
cess  of  the  said  plantation,  both  in  regard  of  the  gen- Motive  to 
oral  weal  of  human  society,  as  in  respect  of  the  good    ®  g^^i^*' 
of  our  own  estate  and  kingdoms,  and  being  willing  to 
give  furtherance  to  all  good  means  that  may  advance 
the  benefit  of  the  said  Company,  and  that  may  secure 
the  safety  of  our  loving  subjects,  planted  in  our  said 
colony  under  the  favor  and  protection  of  God  Almighty, 
and  of  our  royal  power  and  authority,  have  therefore 
of  our  especial  grace,  certain  knowledge,  and  mere 
motion,  given,  granted,  and  confirmed,  and  for  us,  our 
heirs  and  successors,  we  do,  by  these  presents,  give, 
grant,  and  confirm,  to  the  said  Treasurer  and  Company 
of  adventurers  and  planters  of  the  City  of  London  for 
the  First  Colony  of  Virginia,  and  to  their  heirs  and  suc- 
cessors, forever,  all  and  singular  those  Islands  whatso- 
ever, situate  and  being  in  any  part  of  the  ocean  seas  Precincts 
bordering  upon  the  coast  of  our  said  First  Colony  in  ^^  ^^^^  ' 
Virginia,  and  being  within  three  hundred  leagues  of 
any  the  parts  heretofore  granted  to  the  said  Treasurer 
and  Company,  in  our  said  former  letters  pattents,  as 
aforesaid,  and  being  within  or  between  the  one-and-for- 
tieth  and  thirtieth  degrees  of  Northerly  latitude,  togeth- 
er with  all  and  singular  soils,  lands,  grounds,  havens, 
ports,  rivers,  waters,  fishings,  mines  and  minerals,  pearls,  Amplifica- 
precious  stones,  quarries,  and  all  and  singular  other  ^'''"^^ 
commodities,  jurisdictions,   royalties,  priviliges,  fran- privileges, 
chises  and  preheminences,  both  within  the  said  tract  of 
land  upon  the  main,  and  also  within  the  said  Islands 
and  seas  adjoining,  whatsoever,  and  thereunto  or  there- 
abouts both  by  sea  and  land  being,  or  situate;    and 
which,  by  oiu'  letters  pattents,  wo  may  or  can  grant, 


76  THE   GOVERNMENTAL   HISTORY   OP 


Part  I. 


VIRGINIA, 


Third        and  in  as  ample  manner  and  sort,  as  we,  or  any  our 
James  I.     noble  progenitors,  have  heretofore  granted  to  any  per- 
to  the  Lon- gQji  qj,  persons,  or  to  any  company,  body  politic,  or 
March  12,  Corporate,  or  to  any  adventurer  or  adventurers,  under- 
*'^^~^^*    taker  or  undertakers,  of  any  discoveries,  plantations, 
or  traffic,  of,  in,  or  into,  any  foreign  parts  whatsoever, 
and  in  as  large  and  ample  manner,  as  if  the  same  were 
herein  particularly  named,  mentioned,  and  expressed. 
Proviso.     Provided  always,  that   the  said    Islands,  or  any  the 
premises  herein  mentioned,  or  by  these  presents,  intend- 
ed, or  meant  to  be  granted,  be  not  actually  possessed 
or  inhabited  by  any  other  christian  prince  or  estate, 
nor  be  within  the  bounds,  limits,  or  territories  of  the 
Northern  Colony,  heretofore  by  us  granted  to  be  plant- 
ed by  divers  of  our  loving  subjects  in  the  North  parts 
Haben-      of  Virginia:      To  have  and  to  hold,  possess  and  enjoy, 
'^"™-         all  and  singular  the  said  Islands,  in  the  said  ocean  seas 
so  lying,  and  bordering  upon  the  coast  and  coasts  of  the 
territories  of  the  said  First  Colony  in  Virginia,  as  afore- 
said, with  all  and   singular  the  said  soils,  lands,  and 
grounds,  and  all  and  singular  other  the  premises,  here- 
tofore by  these  presents  granted,  or  mentioned  to  be 
granted,  to  them,  the  said  Treasurer  and  Company  of 
adventurers  and  planters  of  the  City  of  London  for  the 
first  colony  in  and  to  their  heirs,  successors,  and  assigns, 
forever,  to  the  sole  and  proper  use  and  behoof  of  them, 
the  said  Treasurer  and  Company,  and  their  heirs,  and 
successors  and  assigns  forever ;  to  be  holden  of  us,  our 
Conditions  heirs,  and  successors,  as  of  our  manor  of  East  Green- 
of  Tenure,  -v^-ich,  in  free  and  common  soccage,  and  not  in  capita; 
yielding  and  paying  therefore  to  us,  our  heirs,  and  suc- 
cessors, the  fifth  part  of  the  ore  of  all  gold  and  silver, 
which  shall  be  there  gotten,  had,  or  obtained,  for  all 
manner  of  services  whatsoever. 
Additional      V.  And  further,  our  will  and  pleasure  is,  and  we  do 
advcntur-  ^^y  ^j^ggg  presents,  grant  and  confirm,  for  the  good  and 
ted,  and     welfare  of  the  said  plantation ;  and  that  posterity  may 
^^*         hereafter  know,  who  have  adventured  and  not  been 


THE   UNITED    STATES   OP  AMERICA.  77 

THIRD    AND    SKPARATE    CHARTER    TO    THK    FIRST    COLONY.  PaKT    I. 

sparing  of  tlicir  purses  in  such  a  noble  and  generous  T'lird 
action  for  the  general  good  of  their  country,  and  at  the  james  i.^ 
request,  and  with  the  consent  of  the  company  afore- *j°  *'^^,  ^""" 
said,  that  our  trusty  and  well-beloved  suljjects,  George,  March  12, 
Lord    Arch-Bishop   of   Canterbury ;    Henry,   Earl    of  ^^^^* 
Huntington  ;  Edward,  Earl  of  Bedford ;  Richard,  Earl 
of  Clanrickard,  <fec.,  who  since  our  said  last  letters  pat- 
tents  are  become  adventurers,  and  have  joined  them- 
selves with  the  former  adventurers  and  planters,  of  the 
said  company  and  society,  shall,  from  henceforth,  be 
reputed  deemed,  and  taken  to  be,  and  shall  be  breth- 
ren and  free  members  of  the  Company,  and  shall  and 
may,  respectively,  and  according  to  the  proportion  and 
value  of  their   several   adventures,   have,   hold,   and 
enjoy,  all  such  interests,  right,  title,  privileges,  jDre-Tohave 
hemhicnces,  liberties,  franchises,   immunities,  profits,  it>J^es  wTth' 
and  commodities,  whatsoever,  in   as  large  and  ample,  ^o'"'"'^''  ^^- 

VGiiturcrs 

and  beneficial  manner,  to  all  intents,  constructions, 
and  purposes,  as  any  other  adventurers,  nominated  and 
expressed  in  any  our  former  letters  pattents,  or  any  of 
them,  have  or  may  have,  by  force  and  virtue  of  these 
presents,  or  any  oiu*  former  letters  pattents,  whatso- 
ever. 

YI.  And  we  are  further  pleased,  and  we  do,  by  these 
presents,  grant  and  confirm  that  Philip,  Earl  of  Mont- 
gomery ;  William,  Lord  Paget ;  Sir  John  Starrington, 
Kn't,  <fcc.,  whom  the  said  Treasurer  and  Company  have, 
since  the  said  last  letters  pattents,  nominated  and  set 
down,  as  worthy  and  discreet  persons,  fit  to  serve  us  Addition 
as  Counccllors,  to  be  of  our  Coimcel  for  the  said  planta-  *  Ki^n^'s 
tion ;  shall  be  reputed,  deemed,  and  taken  as  persons  Council, 
of  our  said  Councel  for  the  said  First  Colony,  in  such 
manner  and  sort,  to  all  intents  and  purposes,  as  those 
who  have  hcen  formerly  elected  and  nominated,  as  our 
Counccllors  for    that  colony,  and  whose  names  have 
been  or  are  inserted  and  expressed,  in  our  said  former 
letters  pattents. 

VH.  And  we  do  hereby  ordain  and  grant,  by  these 


THE   GOVERNMENTAL    HISTORY   OP 


Part  I.  tieginia, 


Tliird  presents,  that  the  said  Treasurer  and  Company  of  ad- 
Janies^l.  venturers  and  planters  aforesaid,  shall  and  may,  once 
to  the  Lon-  ey^.y  -week,  or  oftener,  at  their  pleasure,  hold  and  keep 

don  Co.,  •'  '  ,1^11 

Marcii  12,  a  Court  and  Assembly,  for  the  better  order  and  govern- 
1611-12.    j^gj^|.  Qf  ^i^Q  gaj,j  plantation,  and  such  things  as  shall 

The  Com-  ^,  j    o     ,  n  e 

pany  to      coiiccru  the  same ;  and  that  any  nve  persons  oi  our 
wceki        Councel  for  the  said  First  Colony  in  Virginia,  for  the 
Courts.      time  being,  of  which  company  the  Treasurer,  or  his 
How  con-   (iep^ity,  to  be  always  one,  and  the  number  of  fifteen 
others  at  the  least,  of  the  generality  of  the  said  Com- 
pany, assembled  together  in  such  manner  as  is  and 
hath  been  heretofore  used  and  accustomed,  shall  be  said, 
taken,  held,  and  reputed  to  be,  and  shall  be  a  sufficient 
Court  of  the  said  Company,  for  the  handling,  and  order- 
ing, and  dispatching  of  all  such  casual  and  particular 
occurrences,   and   accidental   matters,   of   less   conse- 
quence and  weight,  as  shall,  from  time  to  time,  happen 
touching  and  concerning  the  said  plantation. 
Great  and       VIII.  And  that  nevertheless,  for  the  handling,  order- 
CourtTes-  ing  and   disposing  of  matters  and  affairs  of  greater 
tablisbed.  weight  and  importance,  and  such  as  shall  or  may,  in 
any  sort,  concern  the  public  weal  and  general  good  of 
the  said  Company  and  plantation,  as  namely  the  man- 
•    ner  of  government  from  time  to  time  to  be  used,  the 
ordering  and  disposing  of  the  lands  and  possessions, 
To  hold     g^j^(j  ^]j(3  settling  and  establishing  of  a  trade  there,  or 

four  terms  ,  ■,■,■,-,      ^     ■,  ^         -ii        , 

a  year.  such  like,  there  shall  be  held  and  kept  every  year,  upon 
the  last  Wednesday  save  one  of  Hilary  Term,  Easter, 
Trinity,  and  Michaelmas  terms,  for  ever,  one  great, 
general,  and  solemn  assembly,  which  our  assemblies 
Stile  of  the  shall  be  stiled  and  called  The  four  Great  and  Gen- 
^**''''*^'  eral  Courts  op  the  Council  and  Company  op  Adven- 
turers POR  ViRGENiA.  In  all  and  every  of  which  said 
Great  and  General  Courts,  so  assembled,  our  will  and 
pleasure  is,  and  we  do,  for  us,  our  heirs,  and  success- 
ors, for  ever,  give  and  grant  to  the  said  Treasurer  and 
Company,  and  their  successors,  for  ever,  by  these  pres- 
ents, that  they,  the  said  Treasurer  and  Company,  or 


THE  UNITED   STATES   OP  AMERICA.  79 

THIRD    AND    SEPARATE    CHARTER    TO    THE    FIRST    COLONY.  PaRT    I, 

the  greater  number  of  them,  so  assembled,  shall  and  Third 
may  have  full  power  and  authority,  from  time  to  time,  james  i. 
and  at  all  times  hereafter,  to  elect  and  choose  discreet  \^^^*^,^°°- 

'  don  Co., 

persons,  to  be  of  our  said  Councel,  for  the  said  First  March  12, 
Colony  in  Virginia ;  and  to  nominate  and  appoint  such  ^^^^~^^- 
officers,  as  they  shall  think  fit  and  requisite,  for  the&c.      ' 
government,  managing,  ordering   and  dispatching  of 
the  affairs  of  the  said  company  ;    and  shall  likewise 
have  full  power  and  authority  to  ordaine  and  make  such 
laws  and  ordinances,  for  the  good  and  welfare  of  the 
said  plantation,  as  to  them,  from  time  to  time,  shall  be 
thought  requisite  and  meet :  so  always  as  the  same  be  Proyiso. 
not  contrary  to  the  laivs  and  statutes  of  this  our  realm 
of  England;  And  shall,  in  like  manner,  have  power  Powers  _ 
and  authority  to  expulse,  disfranchise,  and  put  out  of  queuts. 
and  from  their  said  company  and  society,  forever,  all 
and  every  such  person  and  persons,  as  having  either 
promised,  or  subscribed  their  names,  to  become  adven- 
turers to  the  said  plantation  of  the  first  colony  in  Vir- 
ginia, or  having  been  nominated  for  adventurers,  in 
these  or  any  other  our  letters  pattents,  or  having  been 
otherwise  admitted  and  nominated  to  be  of  the  said 
company,  hare  nevertheless  either  not  put  in  any  ad- 
venture at  all  for  and  towards  the  said  plantation,  or 
else  have  refused  and  neglected,  or  shall  refuse  and 
neglect  to  bring  in  his  or  their  adventure,  by  word  or 
writing  promised,  within  six  months  after  the  same 
shall  be  so  payable  and  due. 

IX.  And  whereas  the  failing  and  non-payment  of  Ijnpaid 
such  monies  as  have  been  promised  in  adventure  for  t;"  yg*^"^' 
the  advancement  of   the    said   plantation,  hath  been 
often  by  experience  found  to  be  dangerous  and  preju- 
dicial to  the  same,  and  much  to  have  hindered  the  pro- 
gress and  proceeding  of  the  said  plantation,  and  for 
that  it  secmeth  unto  us  a  thing  reasonable,  that  such 
persons  as  by  their  handwriting  have  engaged  them- Judges  to 
selves  for  the  payment  of  their  adventures,  and  after- fj^).*'^.^^"''^ 
wards  neglecting  their  faith  and  promise,  should  be  scriptions. 


80  THE  GOVERNMENTAL    HISTORY   OP 

Part  I.  Virginia, 

Third  Compelled  to  make  good  and  keep  the  same  ;  therefore 
James  I.,  OUT  wiU  and  pleasure  is,  that  in  any  suit  or  suits,  com- 
totheLon-jjjgncQ(j  or  to  be  Commenced,  in  any  of  our  Courts  at 

don  Co.,  .  *^ 

March,  12,  Westminster,  or  elsewhere,  by  the  said  Treasurer  and 
1611-12.  Company,  or  otherwise,  against  any  such  persons,  that 
our  Judges  for  the  time  being,  both  in  our  Court  of 
Chancery,  and  at  the  Common  Pleas,  do  favor  and  fur- 
ther the  said  suits,  so  far  forth  as  law  and  equity  will, 
in  any  wise,  further  and  permit. 
Admission      X-  -^Jid  "^G  do,  for  US,  our  heirs,  and  successors, 

of  new  further  crive  and  s;rant  to  the  said  Treasurer  and 
members.  '^  ° 

Company,  or  their  successors,  for  ever,  that  they,  the 

said  Treasurer  and  Company,  or  the  greater  part  of 

them,  for  the  time  being,  so  in  a  full  and  general  court 

assembled,  as  aforesaid,  shall  and  may,  from  time  to 

time,  and  at  all  times  forever  hereafter,  elect,  choose, 

.  ,  .  .  and  admit  into  their  company  and  society,  any  person 
Admission  . 

of  aliens    or  persons,-as  well  strangers  and  aliens,  born  in  any 

part  beyond  the  seas  wheresoever,  being  in  amity  with 
us,  as  our   natural   liege   subjects,  born   in   any  our 
realms,  and  dominions ;  and  that  all  such  persons,  so 
elected,  chosen  and  admitted  to  be  of  the  said  com- 
pany, as  aforesaid,  shall  thereupon  be  taken,  reputed, 
and  held,  and  shall  be,  free  members  of  the  said  com- 
pany, and  shall  have,  hold,  and  enjoy,  all  and  singular 
p..  .,        freedoms,  liberties,  franchises,  privileges,  immunities, 
of  mem-    benefits,  profits,  and  commodities,  whatsoever,  to  the 
admitted.    ^^^^  Company  in  any  sort  belonging  or  appertaining,  as 
fully,  freely,  and  amply,  as  any  other  adventurers,  now 
being,  or  which  hereafter  at  any  time  shall  be,  of  the 
said  company,  hath,  have,  shall,  may,  might  or  ought 
to  have  and  enjoy  the  same,  to  all  intents  and  purposes 
whatsoever. 
May  solicit     XI.    And  WO  do  fiirthcr  of  our  special  grace,  certain 
port  emi-   knowledge,  and  mere  motion,  for  us,  our  heirs,  and  suc- 
grants.       cessors,  givc  and  grant  unto  the  said  Treasurer  and 
Company,  and  their  successors,  for  ever,  by  these  pres- 
ents, that  it  shall  be  lawful  and  free  for  them  and  their 


and  stran- 
gers 


THE   UNITED    STATES   OP   AMERICA.  81 


THIRD    AND    SEPARATE    CHARTER    TO    THE    FIRST    COLONY.  PaRT     I 


assigns,  at  all  and  every  time  and  times  hereafter,  out  Third 
of  anv  our  realms  and  dominions  whatsoever,  to  take,  t'^'^'''*^!^''^ 

•^  ,  .    .  1  .  ,  '  James  I.  to 

lead,  carry,  and  transport,  in  and  into  the  said  voyage,  the  Lon- 

and  for  and  towards  the  said  plantation,  of  our  said  £0^2, 

First  Colony  in  Virginia,  all  such  and  so  many  of  our^^^i-i^. 

loving  subjects,  or  any  other  strangers  that  will  become 

our  loving  subjects  and  live  under  our  allegiance,  as 

shall  willingly  accompany  them  in  the  said  voyages  and 

plantation,  with  shipping  armour,  weapons,  ordnance, 

munition,  powder,  shot,  victuals,  and  all  manner  of 

merchandizes  and  wares,  and  all  manner  of  clothing, 

implements,  furniture,  beasts,  cattle,  horses,  mares,  and 

all  other  things  necessary  for  the  said  plantation,  and 

for  their  use  and  defence,  and  for  trade  with  the  people  Goods,  &c 

there,  and  in  passing  and  returning  to  and  from,  with- dul^'foi. 

out  paying  or  yielding  any  subsidy,  custom  or  imposition,  s<^^«° 
•  ji         •  T  i  1  ,1         T  years, 

either  inward  or  outward,  or  any  otner  duty  to  us,  our 

heirs,  or  successors,  for  the  same,  for  the  space  of  seven 

years  from  the  date  of  these  presents. 

XII.  And  we  do  further,  for  us,  our  heirs,  and  sue-  Oaths  of 
cessors,  give  and  grant  to  the  said  Treasurer  and  Com- ^"P'"®?'^* 

'"_'='  cy  and 

pany,  and  their  successors,  for  ever,  by  these  presents,  allegiance, 
that  the  said  Treasurer  of  that  Company,  or  his  deputy, 
for  the  time  being,  or  any  two  other  of  the  said  coun- 
cel  for  the  said  First  Colony  in  Virginia,  for  the  time 
being,  or  any  two  other,  at  all  times  hereafter,  and  from 
time  to  time,  have  full  power  and  authority,  to  minis- 
ter and  give  the  oath  and  oaths  of  supremacy  and  alle- 
giance, or  either  of  them,  to  all  and  every  person  and 
persons  which  shall  at  any  time  or  times  hereafter,  go 
or  pass  to  the  said  colony,  in  Virginia: 

XIII.  And  further,  that  it  shall  be  lawful  likewise  other 
for  the  said  Treasurer,  or  his  deputy,  for  the  time^^^^^' 
being,  or  any  two  or  others  of  our  said  councel  for  the 
said  First  Colony  in  Virginia,  for  the  time  being,  from 
time  to  time,  and  at  all  times  hereafter,  to  minister 
such  a  formal  oath,  as  by  their  discretion  shall  be  rea- 
sonably devised,  as  well  unto  any  person  or  persons, 

6 


82  THE   GOVERNMENTAL   HISTORY   OF 

Part  I.  Virginia, 

Third        employed  in,  for,  or  touching  the  said  plantation,  for 
James  I °^  their  honest,  faithful,  and  just  discharge  of  their  service, 
to  the  Lon-  in  all  sucli  matters,  as  shall  be  committed  unto  them 
March  i'2   ^^^  the  good  and  benefit  of  the  said  company,  colony 
1611-12.    and  plantation  ;  As  also  unto  such  other  person  or  per- 
sons, as  the  said  Treasurer  or  his  deputy,  with  two 
others  of  the  said  councel,  shall  think  meet,  for  the 
Discre-       examination  and  clearing  of  the  truth,  in  any  cause 
Oaths^^      whatsoever  concerning  the  said  plantation,  or  any  busi- 
ness, from  thence  proceeding,  or  thereunto  belonging. 
Of  deser-       XIV.    And  furthermore,  whereas  we  have  been  cer- 
^Tre'^r^-    ^^^^^j  ^^^^^  divcrs  lewd  and  ill  disposed  persons, -both 
sentations.  sailors,  soldiers,  artificers,  husbandmen,  labourers,  and 
others  ;  having  received  wages,  apparel,  and  other  enter- 
tainment, from  the  said  company,  or  having  contracted 
and  agreed  with  the  said  company,  to  go,  or  to  serve, 
or  to  be  employed,  in  the  said  plantation  of  the   said 
First  Colony  in  Virginia,  have  afterwards  either  with- 
drawn, hid,  or  concealed  themselves,  or  have  refused  to 
go  thither,  after   they  have  been  so  entertained  and 
agreed  withal  ;  and  that  divers  and  sundry  persons  also, 
which  have  been  sent  and  employed  in  the  said  planta- 
tion of  the  said  First  Colony  in  Virginia,  at  and  upon 
the  charge  of  the  said  company,  and  having  there  mis- 
behaved themselves,  by  mutinies,  sedition,  or  other  no- 
torious misdemeanors,  or  having  been  employed  and  sent 
abroad,  by  the  Governour  of  Virginia,  or  his  deputy^ 
with  some  ship  or  pinnace,  for  our  provisions  of  the 
said  colony,  or  for  some  discovery,  or  other  business 
and  affairs  concerning  the  same,  have  from  thence  most 
treacherously,  either  come   back  again  and  returned 
unto    our   realm   in   England,  by  stealth,  or  without 
licence  of  our  Governour  of  our  said  Colony  in  Vir- 
ginia, for  the  time  being,  or  have  been  sent  thither,  as 
misdocrs  and  offenders ;  and  that  many  also  of  those 
persons,  after  their  return  from  thence,  having  been 
questioned  by  our  said  councel  here,  for  such  their  mis- 
behaviors and  offences,  by  their  insolent  and  contempt- 


THE   UNITED    STATES  OF  AMERICA.  83 


THIRD    AND    SEPARATE    CHARTER    TO    THE    FIRST    COLONY.  FaRT    I. 

nous  carriage  in  the  presence  of  our  said  councel,  have  Third 
showed  little  respect  and  reverence,  either  to  the  place,  j^',^"gj^ 
or  authority  in  which  we  have  placed  and  appointed  to  the  Lon- 
thein  ;  and  others,  for  the  colouring  of  their  lewdness  March  12, 
and  misdemeanors,  committed  in  Virginia,  have  endeav-  I6II-12. 
ored,  by  most  vile  and  slanderous  reports,  made  and  tempts  to 
divuls;cd,  as  well  of  the   country  of  Virginia,  as  also  ^'^arage 

o      '  J  o  7  (lie  Com- 

of  the  government  and  estate  of  the  said  plantation  pany  and 
and  colony,  as  much  as  in  them  lay,  to  bring  the  said   ^  °"^* 
voyage  and  plantation  into  disgrace  and  contempt ;  by 
means  whereof,  not  only  the  adventurers  and  planters, 
already  engaged  in  the  said  plantation  have  been  ex- 
ceedingly abused  and  hindered,  and  a  great  number  of 
other  our  loving  and  well  disposed  subjects,  otherwise 
well  affected,  and  enclined  to  join  and  adventure  in  so  Discourag- 
noble,  christian,  and  worthy  an  action,  have  been  dis-t"f^.^g^^"' 
couraged  from  the  same,  but  also  the  utter  overthrow 
and  ruin  of  the  said  enterprize  hath  been  greatly  en- 
dangered, which  cannot  miscarry  without  some  dishonor 
to  us  and  our  kingdom  ; 

XV.    Now,  forasmuch  as  it  appeareth  to  us,  that  Source  of 
these  insolences,  misdemeanors,  and  abuses,  not  to  be  ^q^Icts  '^ 
tolerated  in  any  civil  government,  have  for  the  most 
part,  grown  and  proceeded,  in  regard  our  said  coun- 
cel have  not  any  direct  power  and  authority,  by  any 
express  words  in  our  former  letters  patents,  to  correct 
and  chastise  such  offenders ;  We  therefore,  for  the  more  Remedial 
speedy  reformation  of  so  great  and  enormous  abuses  P''°^'^'*'°°" 
and  misdemeanors,  heretofore  practised  and  committed, 
and  for  the   prevention  of  the  like  hereafter,  do,  by 
these  presents,  for  us,  our  heirs,  and  successors,  give 
and  grant   to  the  said  Treasurer  and  Company,  and 
their  successors,  forever ;  that  it  shall  and  may  be  law- 
ful for  our  said  councel  for  the  said  First  Colony  in  rower  to 
Virginia,  or  any  two  of  them  (whereof  the  said  Treas-  anjj'^pu^? 
urer,  or  his  deputy,  for  the  time  being,  to  be  always  '''b. 
one)  by  warrant  nnder  their  hands,  to  send  for,  or  to 
cause  to  be  apprehended,  all   and  every  such  person, 


84  THE  GOVERNMENTAL   HISTORY  OF 

Part  I.  Virginia, 

Third        and  persons,  who  shall  be  noted,  or  accused,  or  found, 
Charter  of  q^^  r^^^y  ^jjj^g  qj.  times  hereafter,  to  offend  or  misbehave 

James  1.  to  -'  ^ 

the  Lon-  themselves,  in  any  the  oflences  before  mentioned  and 

March  12,  expressed ;   And   upon   the   examination  of  any  such 

1611-12.  offender  or   offenders,  and  just   proof  made  by  oath, 

Accused  taken  before  the  said  councel,  of  any  such  notorious 

how  tried,        .  '  •' 

&c.  misdemeanors  by  them  committed,  as  aforesaid ;  And 

also  upon  any  insolent  and  contemptuous,  or  indecent 
carriage,  and  misbehavior,  to  or  against  our  said  coun- 
cel, shewed  or  used  by  any  such  persons,  so  called,  con- 
vented,  and  appearing,  before  them  as  aforesaid ;  that  in 
Where  to  all  sucli  cases,  they,  our  said  councel,  or  any  two  of  them, 
ed.  for  the  time  being,  shall  and  may  have  full  power  and 

authority,  either  here  to  bind  them  over  with  good 
sureties  for  their  good  behavior,  and  further  therein  to 
proceed,  to  all  intents  and  purposes,  as  it  is  used,  in 
other  like  cases,  within  our  Realm  of  England  ;  or  else, 
at  their  discretion,  to  remand  and  send  them  back,  the 
said  offenders,  or  any  of  them,  unto  the  said  colony  in  Vir- 
ginia, there  to  be  proceeded  against  and  punished,  as  the 
governor,  deputy,  or  councel,  there,  for  the  time  being, 
shall  think  meet ;  or  otherwise  according  to  such  laws 
and  ordinances,  as  are  and  shall  be  in  use  there,  for  the 
well  ordering  and  good  government  of  the  colony. 
The  Com-  XVI.  And  for  the  more  effectual  advancing  of  the 
establish"  said  plantation,  we  do  further,  for  us,  our  heirs,  and 
Lotteries,  succcssors,  of  our  cspccial  grace  and  favor,  by  virtue  of 
our  Prerogative  Royal,  and  by  the  assent  and  consent 
of  the  Lords  and  others  of  our  Privy  Councel,  give  and 
grant  unto  the  said  Treasurer  and  Company,  full  power 
and  authority,  free  leave,  liberty,  and  licence,  to  set 
forth,  erect,  and  publish,  one  or  more  lottery  or  lot- 
teries, to  have  continuance,  and  to  endure  and  be  held, 
for  the  space  of  one  whole  year,  next  after  the  opening 
of  tlie  same ;  and  after  the  end  and  expiration  of  the 
said  term,  the  said  lottery  or  lotteries  to  continue  and 
be  furtlicr  kept,  during  our  will  and  pleasure  only,  and 
not  otherwise.     And  yet  nevertheless,  we  arc  contented 


THE  UNITED   STATES   OP   AMERICA.  85 

TIIIKD    AND    SKPAKATK    CHAKTER    TO    THK    FlItST    COLONY.  PaKT    I. 

and  pleased,  for  the  good  and  welfare  of  the  said  plan-Thhd 
tation,  that  the  said  Treasurer  and  Company  shall,  for  j.^',jjy "j ° 
the  dispatch  and  finishing  of  the  said  lottery  or  lotte-*<^^'^*5^Lon- 
ries,  have  six  months  warning  after  the  said  year  ended,  March  12, 
before  our  will  and  pleasure  shall,  for  and  on  that  behalf,  ^^11-12. 
be  construed,  deemed,  and  adjudged,  to  be  in  any  wise 
altered  or  determined. 

XVII.  And  our  further  will  and  pleasure  is,  that  the  Lotteries, 
said  lottery  or  lotteries  shall  and  may  be  opened,  and  be'opened. 
held,  within  our  City  of  London,  or  in  any  other  City 

or  Town,  or  elsewhere,  within  this  our  Realm  of  Eng- 
land, with  such  prizes,  articles,  conditions,  and  limita- 
tions, as  to  them,  the  said  Treasurer  and  Company,  at 
their  discretion  shall  seem  convenient. 

XVIII.  And  that  it  shall  and  may  be  lawful,  to  and  May  ap- 
for  the  said  Treasurer  and  Company,  to  elect  and  choose,  a°ers  oT 
receivers,  auditors,  surveyors,   commissioners,  or  any  ^l''^  ^o**^' 
other  officers,  whatsoever,  at  their  will  and  pleasure,  for 

the  better  'marshalling,  disposing,  guiding,  and  govern- 
ing of  the  said  lottery  and  lotteries ;  and  that  it  shall 
likewise  be  lawful,  to  and  for  the  said  Treasurer,  and 
any  two  of  the  said  councel,  to  minister  to  all,  and 
every  such  person,  so  elected  and  chosen  for  officers,  as 
aforesaid,  one  or  more  oaths,  for  their  good  behaviour, 
just  and  true  dealing,  in  and  about  the  said  lottery  or 
lotteries,  to  the  intent  and  purpose,  that  none  of  our 
loving  subjects,  putting  in  their  names,  or  othecivise 
adventuring  in  the  said  general  lottery  or  lotteries, 
may  be,  in  any  wise,  defrauded  and  deceived  of  their 
said  monies,  or  evil  and  indirectly  dealt  withal  in  their 
said  adventures. 

XIX.  And  we  further  grant  in  manner  and  form  May  pub- 
aforesaid,  that  it  shall  and  may  be  la^vful,  to  and  for  Ij^jj^^^gg 
the  said  Treasurer  and  Company,  under  the  seal  of  the  of  their 
said  councel  for  the  plantation,  to  publish,  or  to  cause  ^"^"^"^^^ 
and  procure  to  be  published,  by  proclamation  or  other- 

^visc  (the  said  proclamation  to  be  made  in  their  name 
by  virtue  of  these  presents)  the^  said  lottery  or  lotte- 


86 


THE   GOVERNMENTAL   HISTORY   OF 


Part  I. 


Third 
Charter  of 
James  I. 
to  the  Lou- 
don Co., 
March  12, 
1611-12. 


Patents  to 
be  con- 
strued 
beneficial- 


Former 
Grants, 
&c.,  con- 
firmed. 


*  1.  Hen- 
ning's 
Statutes  at 
Large — 
98. 


ries  in  all  cities,  towns,  boroughs,  and  other  places 
within  onr  said  Realm  of  England;  and  wo  will  and 
command  all  mayors,  justices  of  the  peace,  sheriffs, 
bailiffs,  constables,  and  other  officers  and  loving  sub- 
jects, whatsoever,  that,  in  no  wise,  they  hinder  or  delay 
the  progress  and  proceedings  of  the  said  lottery  or 
lotteries,  but  be  therein  touching  the  premises,  aiding 
and  assisting,  by  all  honest,  good,  and  lawful  means 
and  endeavours. 

XX.  And  further  our  will  and  pleasure  is,  that  in  all 
questions,  and  doubts,  that  shall  arise,  upon  any  diffi- 
culty of  construction  or  interpretation  of  any  thhig 
contained  in  these,  or  any  other  our  former  letters 
pattents,  the  same  shall  be  taken  and  interpreted,  in 
most  ample  and  beneficial  manner  for  the  said  Treas- 
urer and  Company,  and  their  successors,  and  every 
member  thereof. 

XXI.  And  lastly,  we  do  by  these  presents,  ratify  and 
confirm  unto  the  said  Treasurer  and  Con^pany,  and 
their  successors,  for  ever;  all  and  all  manner  of  privi- 
leges, franchises,  liberties,  immunities,  preheminences, 
profits,  and  commodities,  whatsoever,  granted  unto  them 
in  any  our  former  letters  pattents,  and  not  in  these  pres- 
ents, revoked,  altered,  changed,  or  abridged;  although 
express  mention  of  the  true  yearly  value  or  certainty 
of  the  premises,  or  any  of  them,  or  of  any  other  gift  or 
grant,  by  us  or  any  of  our  progenitors,  or  predecessors, 
to  the  aforesaid  Treasurer  and  Company  heretofore 
made,  in  these  presents  is  not  made;  or  any  statute, 
act,  ordinance,  provision,  proclamation,  or  restraint  to 
the  contrary  thereof  heretofore  made,  ordained,  or  pro- 
vided, or  any  other  matter,  cause,  or  thing  whatsoever, 
to  the  contrary,  in  any  wise,  notwithstanding. 

In  witness  whereof.  We  have  caused  these  our  let- 
ters to  be  made  pattents — Witness  ourself,  at  West- 
minster, the  Twelfth  day  of  March  in  the  ninth  year  of 
our  reign  of  England,  Franco  and  Ireland;  and  of  Scot- 
land the  five-and-fortieth.* 


THE   UNITED   STATES   OP   AMERICA.  87 

UNDER  THE  THIRD  CHARTER  OF  JAMES  I.  PaRT  I. 

This  charter,  in  its  various  provisions,  sets  forth  fully  The  Third 
the  causes  which  prompted  its  procurement  by  the  com-  thirLo*i[dJIi 
pany,  and  its  publication  by  the  Crown :     And  I  cannot  Company, 
give  the  reader  a  better  idea  of  the  history  and  condi- 
tion of  the  colony  at  Jamestown,  up  to  the  time  it  was 
issued,  than  may  be  gathered  from  its  fourteenth  and 
fifteenth  sections.     In   many  important  aspects  it  re- 
lieved the  embarrassments  which  had  hitherto  beset  the 
company  in  England,  and  hindered  their  operations. 

In  the  mean  time,  before  this  charter  was  issued,  an  Expedition 
expedition  had  been  dispatched  with  a  full  supply  of  Thomas 
stores,  and  a  large  number  of  adventurers,  under  the  j^p'^^.  ^*y> 
direction  of  Sir  Thomas  Dale,  who  also  bore  a  commis- 
sion  appointing   him    Governor   of  the   colony.      He 
arrived  at  Jamestown  on  the  tenth  day  of  May,  1611, 
and  found  the  colony  in  such  an  alarming  state  of  con- 
fusion and  anarchy  that  he  was  obliged  to  proclaim 
martial  laio  in  order  to  reduce  it  to  quiet  and  subordi- 
nation.    He  was  soon  succeeded  by  Sir  Thomas  Gates,  Expedition 
who  arrived  a  second  time  in  the  colony,  in  September  Thomas 
of  the  same  year.     Sir  Thomas  Gates  came  under  the  ?''*':1""' 

•'  der  this 

auspices  of  the  new  charter,  bringing  with  him  six  Charter, 
ships,  and  upwards  of  three  hundred  adventurers,  with 
an  ample  freight  of  clothing,  merchandize,  munitions, 
and  other  stores. 

The  population  of  the  colony  was  increased  in  this 
brief  interval  to  the  number  of  seven  hundred  men. 
From  this  date  we  observe  a  more  active  and  efficient 
management  of  the  concerns  of  the  company  in  Lon- 
don. The  addition  to  the  membership  of  its  Chief 
Council,  of  men  so  illustrious  and  distinguished,  both 
for  rank  and  opulence,  as  those  named  in  the  fifth  sec- 
tion of  their  new  charter ;  the  strength  given  to  their  Its  efFecta 
operations  under  the  provisions  of  its  ninth  and  fif-pj'anta- 
teenth  sections :  the  enlargement  of  the  grant  from  the  *'o»s  in 

America. 

Crown  under  the  fourth  section,  and  the  more  ample 
and  extraordinary  powers  and  privileges  .conveyed  by  it 
as  a  whole,  made  this  company  one  of  the  most  power- 


THE   GOVERNMENTAL   HISTORY    OP 


Part  I. 


TIRGIXIA, 


Advan- 
tages of 
the  First 
over  the 
Second 
Colony. 


fill  and  influential  bodies  politic  and  corporate  that  had 
as  yet  been  created  in  any  country.  As  such  it  pos- 
sessed peculiar  and  uncommon  advantages  for  the  set- 
tlement of  the  country  conveyed  to  it.  In  this  respect 
■we  shall  observe  a  vast  difference  between  it  and  the 
Second  Colony  or  the  company  located  at  Plymouth. 
Here  too  we  may  mark  again  the  difference  between  the 
settlement  of  New-England,  and  the  planting  of  the 
"Old  Dominion"  of  Virginia.  Hence  the  origin  of 
those  distinctive  characteristics  which  even  now  obtain 
and  render  unlike  these  two  sections  of  our  country. 
The  causes  which  combined  to  promote  the  planting  of 
the  one,  and  to  originate  the  settlement  of  the  other, 
really  serve  as  mile-stones  to  mark  the  development 
of  the  true  elements  of  civil  and  religious  freedom 
embraced  in  the  Protestantism  of  the  Reformation.  The 
oath  of  supremacy,  made  a  condition  precedent  to  emi- 
gration to  Virginia,  by  the  twelfth  section  of  this  char- 
tor,  never  was,  and  never  could  have  been  made,  a  con- 
Protestant- dition  precedent  to  the  settlement  of  New-England, 
g™  j^jj^*^^  The  Puritan  adventurer,  while  he  acknowledged  his 
and  Vir-  political  allegiance  to  the  Sovereign,  disavowed,  and  dis- 
avowed even  to  imprisonment,  to  proscription,  to  exile, 
and  to  death  if  need  be,  the  supremacy  of  the  Crown 
in  matters  of  religion.  Still  farther  on  in  the  progress 
of  protestant  principles  he  disavowed  also  the  suprem- 
acy of  the  Crown  in  affairs  of  State.  And  to  this  same 
complexion  also  did  Virginia,  the  noble,  the  high-born, 
the  loyal  Virginia,  come  at  last,  as  we  shall  see  here- 
after.    But  to  return  to  the  colony. 

Hitherto,  according  to  royal  instructions,  the  lands 


gima. 


Adminis- 
tration of  "veere  wrought  in  common,  and  the  proceeds  of  cultiva- 

Gates,  tion,  of  labour,  and  of  commerce,  were  deposited  in 
1612-14.  ^Ijq  public  magazines,  and  thence  distributed  by  the 
Cape  Merchant  chosen  for  that  purpose  by  the  colo- 
nial council,  alike  to  all  as  their  necessities  required. 
Sir  Thomas  Gates  tried  the  experiment  of  dividing  a 
portion  of  the  lands  into  lots  of  several  acres  each,  and 


THE   UNITED    STATES   OF   AMERICA.  89 

UNDEK    THE    THIRD    CHARTER    OP    JAMES    I.  PaRT    I. 

conveying  one  of  these  lots  in  full  right  to  each  family,  Under  the 
or  individual.     The  beneficial  effects  of  this  policy  was  co"np°ny 
at  once  perceptible  in  its  influence  upon  the  habits  and  I612-24. 
character  of   the  colonists,  and   in  the  rapidity  with 
which  it  promoted  the  growth  and  improvement  of  the 
entire    plantation.     Property  being   thus   distributed, 
each  individual  occupying  his  own  portion,  and  reaping 
from  it  a  reward  proportioned  to  his  own  labours  and 
exertions,  the  virtues  of  industry,  sobriety,  and  fru- 
gality were  cultivated,  while   personal   ambition  was 
awakened,  and  individual  enterprise  encouraged.     Sir 
Thomas  Gates   ruled  over   the  colony  until  the  year 
1614  when  he  returned  again  to  England,  and  the  gov-  Succession 
ernment   devolved  a  second   time   upon   Sir  Thomas  ^j^^^^^^g 
Dale,  whose  administration  of  its  affairs  was  efficient,  Dale, 
judicious,  and  wholesome. 

The  effect  of  dividing  the  land  into  portions  and  al-The  com- 
lotting  them  to  individuals  as  their  own  property,  to  be  system 
cultivated   and   improved  for  their   own   benefit,  was '^^'^^'^OQ- 
found  to  be  so  much  more  promotive  of  the  interests 
of  the  colony,  that  the  system  of  labouring  in  common, 
and  depositing  the  products  of  this  labour  in  the  pub- 
lic stores,  for  the  common  benefit,  was  now  entirely 
abandoned.     The  Council  of  the  company,  convinced 
that  this  was  the  surest  way  of  peopling  the  country, 
and  encouraging  emigration,  gave  notice  that  fifty  acres  The  sys- 
of  land  would  be  given  to  each  person,  who  emigrated,  land  dis- 
subject  nevertheless  to  the  general  jurisdiction  of  the  *  j^"!'^° 
company.     The  consequence  was,  that  large  numbers  bj'  the 
of  adventurers  were  induced  to   plant  their  families,   ^'^P^^y* 
and  try  their  fortunes  in  this  new  country. 

In  the  year  1615  the  colonists  undertook  the  culti-  Cuitiva- 
vation  and  exportation  of  tobacco,  but  the  attempt  to  tobacco, 
introduce  it  into  the  polished  circles  in  the  mother 
country,  excited  the  odium  of  the  crown,  as  well  as 
the  contempt  and  ridicule  of  the  principal   members 
of  parliament.     At  length  James  issued  a  pamphlet  Prohibited 
against  it,  which  he  called  a  Counterblast^  and  the  Com-  crown. " 


90  THE  GOVERNMENTAL   HISTOET  OP 

Part  I.  yieginia, 

Under  the  paiiy  were  directed  to  prohibit  the  cultivation  of  it  in 

Company  *^^®   colony.     Notwithstanding,  it  outlived  this  preju- 

1612-24.    dice,  and  the  cultivation  of  it  soon  revived  again.     It 

afterwards  became  a  profitable  article  of  commerce  not 

only,  but  its  use  also  as  a  beverage,  though  none  the 

less  odious  and    disgusting  in  some  of  its  forms,  has 

since  been  freely  adopted  in  almost  all  parts  of  the 

world.     It  formed  for  many  years  in  Virginia  an  article 

Succession  ^^  Currency,  and  has  always  been  a  staple  of  trade. 

of  Sir        In  1616  Sir  Thomas  Dale  returned  to  England,  having 

Yeardiey    previously  appointed  Sir  George  Yeardley,  deputy  gov- 

1616.  ernor  of  the  colony ;  who  after  a  mild  and  judicious 
administration  for  one  year  also  returned  to  England, 
leaving  the  plantation  under  the  Presidency  of  Capt. 
Samuel  Argall.     Argall  was  a  rough,  hardy  sea-captain. 

Succession  a  man  of   impetuous  enterprise  and  ability,  but  of  a 
Irs&n  '     brutal,  selfish,  and  domineering  disposition.     Imitating 

1617.  the  absolutism  of  his  craft  he  proclaimed  martial  law, 
not  because  it  was  necessary,  but  because  it  was  more 
congenial  to  his  overbearing  spirit.  He  ruled  the  colo- 
nists with  a  rigorous  and  unjust  severity.  He  imposed 
arbitrary  and  oppressive  restrictions  upon  their  trade, 
interdicted  the  sports  of  the  forest,  and  doomed  to  im- 
prisonment and  even  servitude  all  who  refused  to  attend 
the  services  of  the  church  on  Sundays  and  Holy-days. 
The  colonists   appealed  from  his  arbitrary  ordinances 

Appeal  to  to  the  Crown,  and  laid  their  grievances  before  the  com- 

the  Com-    pany  and  council  in  England.     Whereupon  Sir  George 
pany,  r      j  _  .        .  , 

Yeardley  was  commissioned  to  enquire  into  the  causes 

of  their  complaints,  to  redress  their  wrongs,  and  to  act 

as  governor  of  the  colony. 

Commis-        This  commission  was  dated  the  eighteenth  day  of 

Bion  to  Sir  jq^QygjQ)3gp^  1618;  and  appointed  a  council,  who,  with 

Yeardley,  the  governor,  were  directed  to  divide  the  colony  into 

^^^^"         cities,  boroughs,  &c.     Sir  George  arrived  in  Virginia, 

pursuant  to  this  commission,  early  in  the  year  1619, 

and  under  his  auspicious  rule  was  established  the  first 

regular  and  efficient  political  organization  in  Virginia 


THE   UNITED   STATES  OP  AMERIOA.  91 

UNDER  THE  THIRD  CHARTER  OF  JAMES  I.  PaKT  I. 

of  which  we  can  find  any  definite  record.     He  laid  out  Under  the 
four  new  corporations  ;  and  summoned  the  colonists  to  company, 
meet  in  a  General  Assembly.     But  as  their  plantations  1612-24. 
had  now  become  widely  scattered,  and  it  was  inconven- 
ient, if  not  entirely  impracticable,  for  the  people  gene- First^regu- 
rally  to  come  together  at  Jamestown,  they  were  author- niai  Gov- 
ized  to  appear  by  delegates  chosen  by  and  from  among  ^gj™^"*' 
themselves.     As  no  counties  had  as  yet  been  formally 
laid   oif,  the  several   plantations   were   designated   as  r^^^  ^g. 
townsliips    or    boroughs,  and  hence  the  delegates  tof^nibly, 

how  coin* 

the  assembly  were  called  burgesses.     Eleven  boroughs  posed. 
were   represented  in  this    assembly,  which  was  com- 
posed of  the  governor  and  council  and  the  burgesses. 
They  all  sat  together  as  one  House,*  and  debated  and*BeyerW 
acted  together  upon  all  matters  which  concerned  the  Henning. 
general  good  of  the  colony. 

The  acts  passed  by  this  assembly  were  not  numerous,  Proceed- 
or  of  particular  importance,  except  an  act  dissolving  "^s^  of  the 
martial  law,  which  had  been  established  by  Capt.  Argall. 
The  principal  object  of  the  governor  and  council  in 
calling  it  seems  to  have  been  for  the  two-fold  purpose 
of  a  more  specific  colonial  organization,  and  to  soothe 
the  spirit  and  allay  the  ill-temper  which  had  been  en- 
gendered by  the  administration  of  Argall.  The  colo^ 
nists  of  Virginia  now  rejoiced,  says  Marshall,  "  to  find 
themselves  exercising  the  noblest  functions  of  English 
freemen." 

This  was  the  first  representative  assembly  ever  held 
in  America,  and  the  earliest  instance  of  the  exercise 
of  legislative  functions  by  the  colonists  in  Virginia. 
It  forms  an  interesting  and  important  era  in  our  gov- 
ernmental history.  It  gave  the  people  an  idea  of  First  devel- 
representation,  and  a  taste  for  legislative  liberty,  which  ^p"'*^"*.  °^ 

.  -.  °  •'  '  Kepubh- 

could    never    thereafter   be    ofiended  with  impunity,  canism  in 
Hitherto  they  had  had  no  voice  in  the  enactment  of  ^°^^"^^- 
their  laws,  or  tlie  administration  of  their  public  affairs. 
These  prerogatives  had  been  exercised  either  by  the 
King's  council,  or  by  the  company  in  England,  or  by 


92  THE  GOVERNMENTAL    HISTORY  OP 

Part  I.  Virginia, 

Under  the  a    council,  OP   officers  of   their   appointment,  in   the 

Coui^^an     colony :     But  the  planters  of   Virginia  had   reached 

1612-24.    that  period  in  their  own,  and  in  the  history  of  the 

mother  country,  when  Protestantism  began  to  disclose 

to  the  world  its  elements  of  political  as  well  as  religious 

freedom.     When  it  had  come  to  be  seriously  questioned 

in  the  minds  of  far-seeing  and  sagacious  men,  how  far 

the  people  were  entitled  to  have  a  voice  in  choosing  the 

rulers  and  enacting;  the  laivs,  which  they  were  called 

Develop-    upon  to  obey.     Many  things  might,  indeed,  for  a  while 

Protectant- longer,  chcck  the  too  curious  inquiry,  and  many  influ- 

ism  in  Eng-  enccs  might  contribute  yet  to  stifle  its  freer  utterance 

land  and      .         ,  ,         '  i  -i       i  '        a  •  !> 

Virginia,  in  the  mother  country ;  while  here  in  America,  tar 
removed  from  the  direct  disturbances  and  pains  it 
might  engender,  it  could  safely  assume  a  more  tangible 
shape.  Its  development  in  Virginia,  though  necessarily 
more  tardy  and  less  striking  than  in  New  England,  was 
still  progressing  in  an  under  current,  which,  though 
it  hardly  rippled  the  surface,  was  yet  impregnating  the 
swelling  tide  of  emigration  with  its  elements  of  polit- 
ical liberty  and  its  sources  of  popular  power.  The 
subdivision  of  their  plantations  into  townships,  the 
expansion  of  their  resources,  and  their  generally 
increasing  prosperity,  henceforth  relieved  the  colonists 
from  the  anxieties  and  embarrassments  which  had 
attended  the  infant  growth  of  their  settlements.  Ex- 
emption from  disease,  freedom  from  exacting  labour, 
and  relief  from  the  earnest  necessities  of  self-preserva- 
tion, gave  them  leisure  to  devote  themselves  more 
carefully  to  the  general  interests  and  concerns  of  a 
community  in  which  they  now  lived  as  traders,  as  land- 
owners, and  property  holders.  Hence  they  began  to 
turn  their  attention  to  the  charter  of  the  company, 
and  discovering  the  extent  of  its  prerogatives  and  the 
inaptness  of  many  of  its  privileges,  they  emerged  from 
that  quiet  and  easy  state  of  acquiescence  in  which  they 
had  hitherto  reposed.  In  their  social  gatherings,  in 
their  political  assemblies,  and  at  the  sittings  of  their 


THE   UNITED   STATES   OP  AMERICA.  93 


UNDER  THE  THIRD  CHARTER  OF  JAMES  I.  ParT  I. 

courts,  there  appeared  able  controversialists  and  popu-  Under  the 
lar  orators,  who  exposed  the  injustice  of  the  policy  of  company, 
government  adopted  by  the  parent  council,  and  whose  i'5i^-24. 
denunciations  of  the  operations  of  the-  company  were 
bold,  manly  and  energetic.     The  conditions,  limitations 
and  restrictions  imposed  by  the  corporation,  to  which 
they  had  submitted  in  their  infancy,  w^cre  now  felt  as 
restraints  beyond  the  measure  of  which  the  spirit  of 
liberty  soon  swelled  itself,  until  the  appeal  went  forth, 
loud  and  incessant,  that  to  them  should  be  practically 
extended,  "all  and  unqualified,  the  privileges  of  free 
natives  and  denizens  of  England."     The  most  essential 
of  these  they  considered  the  right  of  participating  by  ^1,^  j,;„}j^ 
their  representatives  in  the  action  of  the  government  of  repie- 
to  which  they  were  subjected.     They  had  grown  to  a 
degree  of  strength,  which  commanded  the  respect  of 
the   company,  while  the  interests  of  its  principal  pro- 
jectors were  too  much  involved  in  the  prosperity  of  the 
colony,   to    allow    their    demands   to    go    unheeded. 
Hence  the  action  of  the  home  administration,  from 
this   time  onward,  necessarily  becomes  a  part  of  our 
history,  and  demands  our  attention. 

On  the  twenty-fourth  day  of  July,  1621,  was  issued 
^^A)i  Ordinance  and  Constitution  of  the  Treasurer  and 
Company  in  Eng-land  for  a  Council  of  State  and  Gen- 
eral Assembly  "  in  Virginia — as  follows : 

ORDINANCE  OF  THE  COMPANY. 

I.  To  all  people  to  whom  these  presents  shall  come.  Ordinance 
be  seen,  or  heard;  The  Treasurer,  Councel  and  Com- n*|^i^„ov'- °" 
pany   of    adventurers    and   planters   for   the    city    of^rnment, 
Lojidon,  for  the  First  Colony  of  Virginia,  send  greet- 
ing :  Know  ye  that  we,  the  said  Treasurer,  Councel, 
and  Company ;  taking  into  our  careful  consideration  Declara- 
the  present  state  of  the  said  colony  of  Virginia,  and  Jj°^,"r*^n. 
intending  by  the  Divine  assistance,  to  settle  such  atciition. 
form  of  government  there,  as  may  be  to  the  greatest 
benefit  and  comfort  of  tlie  people,  and  whereby   all 
injustice,  grievances,  and  oppression  may  be  prevented 


94 


THE  GOVERNMENTAL   HISTORY  OP 


Part  I. 


VIRGINIA, 


tJnder  the 
London 
Company, 
1612-2-1. 

Supreme 
Assistant 
Council. 


Two  Su- 
preme 
Colonial 
Councils. 


The  first, 
how  desig 
Dated. 


Names  of 
Members. 


Their 

duties. 


and  kept  off  as  much  as  possible,  from  the  said  colony; 
have  thought  fit  to  make  our  entrance  by  ordering  and 
establishing  such  supreme  councels,  as  may  not  only 
be  assisting  to  the  governor,  for  the  time  being,  in  the 
administration  of  justice, .  and  the  executing  other 
duties  to  his  office  belonging,  but  also  by  their  vigilant 
care  and  prudence,  may  provide  as  well  for  a  remedy 
of  all  inconveniences  growing  from  time  to  time,  as 
also  for  advancing  of  increase,  strength,  stability,  and 
prosperity  of  the  said  colony. 

II.  We,  therefore,  the  said  Treasurer,  Councel,  and 
Company,  by  authority  directed  to  us  from  his  Majesty 
under  the  great  seal,  upon  mature  deliberation,  do 
hereby  order  and  declare,  that  from  henceforward, 
there  shall  be  Two  Supreme  Councels  in  Virginia,  for 
the  better  government  of  the  said  colony  aforesaid. 

III.  The  one  of  which  Councels,  to  be  called  the 
Councel  of  State  (and  whose  office  shall  chiefly  be, 
assisting  with  their  care,  advice,  and  circumspection, 
to  the  said  governor),  shall  be  chosen,  nominated, 
placed  and  displaced,  from  time  to  time,  by  us,  The 
said  Treasurer,  Councel,  and  Company,  and  our  suc- 
cessors :  which  Councel  of  State  shall  consist,  for  the 
present,  only  of  these  persons  as  arc  here  inserted,  viz. : 
Sir  Francis  Wyatt,  governor  of  Virginia ;  Capt.  Francis 
West ;  Sir  George  Yeardley,  Knight ;  Sir  William 
Neuce,  Knight,  marshall  of  Virginia;  Mr.  George 
Sandys,  treasurer ;  Mr.  George  Thorpe,  deputy  of  the 
College ;  Capt.  Thomas  Neuce,  deputy  for  the  com- 
pany ;  Mr.  Powlet,  Mr.  Leach ;  Captain  Nathaniel 
Powel ;  Mr.  Christopher  Davidson,  secretary ;  Dr. 
Potts,  physician  to  the  company  ;  Mr.  Roger  Smith ; 
Mr.  John  Berkley ;  Mr.  John  Rolfc ;  Mr.  Ealph 
Hamer  ;  Mr.  John  Pountis  ;  Mr.  Michael  Lapworth  ; 
Mr.  Harwood  ;  Mr.  Samuel  Macock  ;  which  said  Coun- 
cellors  and  Councel  we  earnestly  pray  and  desire,  and 
in  his  majesty's  name  strictly  charge  and  command, 
that  (all  factions,  partialities,  and  sinister  respect  laid 


THE   UNITED   STATES  OP  AMERTCA. 


rXDEK    THE    THIRD    CHARTER    OF    JAMES    I.  PaRT   I. 

aside,")   they  bend  their  care  and  endeavors  to  assist  ^'"d^r  the 
the  said  governor  ;  first  and  principally ,  in  the  advance-  company^ 
ment  of  the  honor  and  service  of  God,  and  the  enlarge- 1^12-24. 
mcnt  of  his  kingdom  against  the  heathen  peo})le  ;  and  of  it;2i. 
next,  in  erecting  of  the   said  colony  in  due  obedience  cinistiani- 
to  his  majesty,  and  all  lawful  authority  from  his  niaj- |?^^'^^"^S" 
esty's  directions ;  and  lastly,  in  maintaining  the  said  element  in 
people    in    justice  and  christian  conversation  among  ^°^^™' 
thcmseh'es,  and  in  strength  and  ability  to  withstand  state 
their  enemies.     And  this  councel,  to  be  always,  or  for  ^^"^6  to 
the  most  part,  residing  about,  or  near,  the  governor,      reside. 

lY.  The  other  councel,  more  generally  to  be  called 
by  the  governor,  once  yearly,  and  no  oftener,  but  for  Second 
very    extraordinary    and    important   occasions ;    shall  u°^  q^. 
consist,  for  the  present,  of  the  said  Councel  of  State,  posed,  &c. 
and  of  two  burgesses  out  of  every  town,  hundred,  or 
other  particular  plantation,  to  be  respectively  chosen 
by  the  inhabitants  ;  which  councel  shall  be  called  ThcgQ^^ggj-. 
General  Assembly,  wherein  (as  also  in  the  said  Councel  "ated. 
of  State)  all  matters  shall  l)e  decided,  determined,  and 
ordered,  by  the  greater  part  of  the  voices  then  present ; 
reserving  to  the  governor  always  a  negative  voice. 

And  this  General  Assembly  shall  have  free  power  to  powers  of 
treat,  consult,  and  conclude,  as  well  of  all  emergent  *^^ ^5"* 

.  "  eral  As- 

occasions  concernnig  the  public  w-eal  of  the  said  colony,  sembly. 
and  every  part  thereof;  as  also  to  make,  ordain,  and 
enact  such  general  laws  and  orders,  for  the  behoof  of 
the  said  colony,  and  the  good  government  thereof,  as 
shall,  from  time  to  time,  appear  necessary  or  requisite. 

V.  Whereas  in  all  other  things,  we  require  the  said  The  Gov- 
General  Assembly,  as  also  the  said  Councel  of  State,  to  pofi^y^of^ 
imitate  and  follow  the  policy  of  the  form  of  govern- England 
mcnt,  laws,  customs,  and  manner  of  trial,  and   other 
administration  of  justice,  used  in  the   Realm  of  Eng- 
land, as  near  as  may  be,  even  as   ourselves   by  his 
majesty's  letters  pattents  are  required.  r:u]^ld*by* 

VI.  Provided,  that  no  law  or  ordinance,  made  in  the  ''i*^  ^'•^"*^: 
said  General  Assembly,  shall  be  or  continue  in  force  or  England. 


96  THE  GOVERNMENTAL    HISTORY   OF 

Part  I.  Virginia, 

Under  the  validity,  uiiless  the  same  shall  be  solemnly  ratified  and 

Comptiny    Confirmed  in  a  General  Quarter    Court  of   the  said 

1G12-24.    company  here  in  England,  and  so  ratified,  be  returned 

to  them  under  our  seal ;  It  being  our  intent  to  afford 

the  like  measure  also  unto  the  said  colony,  that  after 

the  government  of   the  said  colony    shall  once   have 

et  vice       been  well  framed,  and  settled  accordingly ;  which  is  to 

tended"'    ^^    donc   by   us,   as  by   authority    derived   from    his 

when.        majesty ;    and  the   same   shall   have   been   so    by  us 

declared,  no   orders    of  Court   afterwards  shall  bind 

the  said  colony,  unless  they  be  ratified  in  like  manner 

in  the  General  Assemblies.     In  witness  whereof,  we 

have  hereunto  set  our  common  seal  the  twenty-fourth 

day  of  July,  1621,  and  in  the  year  of  the  reign  of  our 

Sovreign  Lord,  James,  King  of  England,  the  *  *,  and 

of  Scotland,  the  *  *  *. 


The  Com-  This  Ordinance  was  enclosed  with  a  commission  to  Sir 
Conimis-  Fraucis  Wyatt,  (the  first  governor  under  it)  and  his 
sion  to  the  Council,  as  follows : 

and  State       The  TREASURER  AND  Company's    Commission  to   Sir 
Council,     Francis    Wyatt,  governor,  and   Councel;    which   said 
councel  are  to  assist  the  governor  in  the  administration 
of  justice,  to   advance    Christianity  among  Indians ;  to 
erect  the  colony  in  obedience  to  his  majesty,  and  in 
maintaining  the  people  in   justice  and   christian  con- 
versation,  and   strengthening  them    against   enemies. 
The  said  governor,  councel,  and  two  burgesses  out  of 
every  town,  hundred  or  plantation,  to  be   chosen  by 
The  Gen-    ^^^^  inhabitants  to  make  up  a  General  Assembly,  who 
erai  As-     are  to  dccidc  all  matters  by  the   greatest  number  of 
A'oiccs ;  but  the  governor  is  to  have  a  negative  voice, 
to  have  power  to   make   orders    and   acts  necessary, 
wherein  tliey  are  to  imitate  the  policy  of  the  form  of 
government,  laws,  customs,  manner  of  trial,  and  other 
form  to  the  administration  of  justice  used  in  England,  as  the  com- 
p*^r^Tt     P^"y  ^^'^  required  by  their  letters  pattent — No  law  to 
the  Co.      continue  or  be  in  force  till  ratified  by  a  Quarter  Court 


THE   UNITED    STATES   OF   AMERICA.  97 


UNDER  THE  CHARTER  OF  JAMES  I.  PaRT  I. 


to  be  held  in  England,  and  returned  under  seal — After  Ratifica- 
tlic  colony  is  well   framed   and  settled,  no  order  ofLaJJ^u 
Quarter  Court  in  England  shall  bind  till  ratified  by  the  Co. 
the  General  Assembly :     The  governor  is  furthcimore 
instructed  to    keep  up   the   religion    of  The    Church 
of  England  as  near  as  may  be  ;  to  be  obedient  to  the 
King  and  do  justice  after  the  forms  of  the  laws  of  Eng-  of  the*"* 
land ;  and  not  to  injure  the  natives,  and  to  forget  old  ^^"[and'^ 
quarrels  now  buried  ;  to  be  industrious,  and  suppress  estab- 
drunkenness,  gaming  and  excess  in  cloaths :     Not  to 
permit  any  but  the  councel  and  heads  of  hundreds  to  Regalia  of 
wear  gold  in  their  cloaths,  or  to  wear  silk  till  they  ^jioj^  ^l 
make  it  themselves :    Not  to  offend  any  foreign  princes ;  ^'^  ^^^'^' 
to  punish  piracies  ;  to  build  fortresses  and  block-houses 
at  the  mouths  of  the  rivers:     To  use  means  to  convert  To  perform 
the  heathens — viz.,  to  converse  with  some;  each  town ,"\''''^'°^^^y 

'  '  labors. 

to  teach  some  children  fit  for  the  college  intended  to 
be  built : 

"After  Sir  George  Yeardley  has  gathered  the  pres- Sir  George 
ent  year's  crop,  he  is  to  deliver  to  Sir  Francis  Wyatt,  to^surrea- 
the  hundred  tenants    belonging  to  governor's  place ;  ^^'^^  t^® 
Yeardley's  government  to  expire  the  18th  November  ment. 
next,  and  then  Wyatt  to  be  published  governor ;  to 
swear  the  councel. 

George  Saudis  appointed  treasurer,  and  he  is  to  put  Treasurer 
in  execution  all  orders  of  court  about  staple  commodi-  ogfcers'*^'^ 
ties  ;  to  whom  is  allotted  fifteen  hundred  acres  and  fifty 
tenants.  To  the  Marshall,  Sir  William  Newce,  the 
same :  To  the  company's  deputy,  the  same.  To  the 
physician  five  hundred  acres  and  twenty  tenants ;  and 
the  same  to  the  secretary. 

"  To  review  the  commissions  to  Sir  George  Yeard-  To  review 
ley,  governor,  and  the  councel,  dated  18th  Nov.  1618,  cJmmis- 
for  dividing  the  colony  into  cities,  boroughs,  &c.,  and sions. 
to  observe  all  former  instructions  (a  copy  whereof  was 
sent)  if  they  do  not  contradict  the  present ;  and  all 
orders  of  court  (made  in  England.)  Census 

"  To  make  a  catalogue  of  the  people  in  every  planta- j^^tL,  &c. 


98 


THE   GOVERNMENTAL    HISTORY   OP 


Part  I, 


tioii,  and  their  conditions ;  and  of  deaths,  marriages 
and  christenings.  To  take  care  of  dead  persons'  estates 
for  the  right  owners ;  and  keep  a  list  of  all  cattle,  and 
cause  the  secretary  to  return  copies  of  the  premises 
once  a  year. 

"  To  take  care  of  every  plantation  upon  the  death  of 
their  chief;  not  to  plant  above  one  hundred  pounds  of 
tobacco  per  head ;  to  sow  great  quantities  of  corn  for 
their  own  use,  and  to  support  the  multitudes  to  be  sent 
yearly ;  to  inclose  land ;  to  keep  cows,  swine,  poultry, 
&c.,  and  particularly  kyne,  which  are  not  to  be  killed 
yet. 

"  Next  to  corn,  plant  mulberry  trees  and  make  silk, 
and  take  care  of  the  Frenchmen  and  others  sent  about 
that  work ;  to  try  silk  grass,  to  plant  abundance  of 
vines,  and  take  care  of  the  vignerers  sent. 

"  To  put  prentices  to  trades,  and  not  let  them  forsake 


Cultivation 
and  care 
of  lands. 


Manage- 
ment of 
planta- 
tions. 

What  to 
plant. 


Of  appren-  their  trades  for  planting  tobacco,  or  any  such  useless 
commodity. 

"  To  take  care  of  the  Dutch  sent  to  build  saw-mills, 
and  seat  them  at  the  falls,  that  they  may  bring  their 
timber  by  the  current  of  the  water.  To  build  water- 
mills,  and  block-houses  in  every  plantation : 

"  That  all  contracts  in  England  or  Virginia  be  per- 
formed, and  the  breaches  punished  according  to  justice: 
Tenants  not  to  be  enticed  away. 

"  To  take  care  of  those  sent  about  iron  works,  and 
especially  Mr.  John  Berkeley ;  that  they  dont  miscarry 
again,  this  being  the  greatest  hope  and  expectation  of 
the  colonies. 

"To  make  salt,  pitch,  tar,  soap,  ashes,  &c.,  so  often 
►recommended,  and  for  which  materials  had  been  sent ; 
to  make  oyl  of  walnuts,  and  employ  apothecaries  in 
distilling  lees  of  beer;  and  searching  after  minerals, 
dyes,  gums,  and  drugs,  &c.,  and  send  small  quantities 
home. 

"  To  make  small  quantity  of  tobacco,  and  that  very 
good — That  the  houses  appointed  for  the  reception  of 


Care  of 
contracts. 


Iron 

works. 


Manufac- 
tures, &c. 


Tobacco. 


THE  UNITED    STATES   OP  AMERICA.  99 

UNDKR    THE    THIRD    CHARTER    OF    JAMES    I.  TaRT   I. 

new  comers,  and  public  storehouses  be  built,  kept  clean.  Quarterly 
<fec. ;  to  send  the  state  of  affairs  quarterly,  and  a  dupli-  ^'^•'^''"s- 
cate  next  shipping. 

"  To  take  care  of  Captain  William  Norton,  and  cer- 
tain Italians,  sent  to  set  up  a  glass  house. 

"A  copy  of  a  treatise  of  the  plantation  business.  Treatise  op 
and  excellent  observances  made  by  a  gentleman  of  ^,'sfnjgg^" 
capacity,  is  sent  to  lie  among  the  records,  and  recom-  sent  to  be 
mended  to  the  councellors  to  study. 

"  Mr.  William  Clayborne,  a  surveyor,  sent  to  survey 
the  planters'  lands,  and  make  a  map  of  the  country. 
Chief  officers  that  have  tenants  (to  be)  reprimanded 
for  taking  fees,  but  require  that  the  clerks  have  fees  set 
for  passes,  warrants,  copies  of  orders,  &c. 

"  The  governor  and  councel  to  appoint  proper  times  Terms  of 
for  administration  of  justice ;  and  provide  for  the  enter-  Courts, 
tainment  of  the  councel  during  their  session,  to  be 
together  one  whole  month  about  state  affairs,  and  law 
suits ;  to  record  plaints  of  consequence :     To  keep  a  q^^^^^  j^^. 
register  of  the  acts  of  Quarter  Sessions,  and  send  home  cords,  &c. 
copies. 

"  If  a  governor  dies  the  major  part  of  the  councel  to  on  death 
choose  one  of  themselves  witliin  fourteen  days ;  but  if  ^^  ^^^" 

•'  ernor,  to- 

voices  be  divided  the  lieutenant  governor  shall  have  fill  vacan- 
the  place  ;  and  next  the  marshall ;  next  the  treasurer ;  ^^' 
one  of  the  two  deputies  next. 

"  The  governor  and  chief  officers  not  to  let  out  their  Tenants  of 
tenants  as  usual.  &r™°'' 

"  The  governor  only  to  summon  the  councel,  and  sign  q^j^^^^^ 
warrants,  and  execute  or  give  authority  to  execute  coun-  powers 
eel  orders,  except  in  cases  that  do  belong  to  the  marshall,  Jof^f^  j^ 
treasurer,  deputies,  &c.     The  governor  to  have  abso  ^^°  ^^v- 

crnor. 

lute  authority  to  determine  and  punish  all  neglect,  and 
contempts  of  authority,  except  the  councel,  who  are  to 
be  tried  at  the  Quarter  Sessions  and  censured.  The 
governor  to  have  but  the  casting  voice  in  councel  or 
court,  but  in  tlie  Assembly  a  negative  voice.  S)ss*th°* 

"  That  care  be  taken  that  there  be  no  engrossing,  or  markets. 


100  THE   GOVERNMENTAL    HISTORY   OP 

PaKT    I.  VIUGINIA, 

forestalling  the  market :  All  servants  to  fare  alike  in 
the  colony ;  and  their  punishment  for  any  offences  is 
to  serve  the  colony  in  public  works. 

"  To  see  that  the  Earl  Pembroke's  thirty  thousand 
acres  be  very  good — To  make  discoveries  along  the 
Fisheries,  coast,  and  find  a  fishery  between  James  River  and  Cape 
Cod.  As  to  raising  staple  commodities  the  chief  offi- 
Staple  cers  ought  to  set  examples,  and  to  aim  at  the  establish- 
Commodi-  ment  of  the  colony :  And  lastly,  not  to  let  ships  stay 
Ships  and  loi^g?  ^iicl  to  freight  them  with  walnuts  and  any  less 
freight,      valuable  commodity." 

"  The  Governor  to  administer  an  oath  to  the  Council 
as  follows : 
Oath  of  "  You  shall  swear  to  be  a  true  and  faithful  servant 

ni  1  c     "-  ^^^^  ^^^^  King's  majesty  as  one  of  his  councel  for  Vir- 
cil.  ginia — You  shall  in  all  things  to  be  moved,  treated, 

and  debated  in  that  councel  concerning  Virginia  or 
any  of  the  territories  of  America,  between  the  degrees 
of  thirty-four  and  forty-five  from  the  equinoctial  line 
northward,  or  the  trades  thereof,  faithfully  and  truly 
declare  your  mind  and  opinion,  according  to  your  heart 
and  conscience  ;  and  shall  keep  secret  all  matters  com- 
mitted and  revealed  to  you  concerning  the  same,  and 
that  shall  be  treated  secretly  in  that  councel,  or  this 
councel  of  Virginia,  or  the  more  part  of  them  (until) 
publication  shall  be  made  thereof.  And  of  all  matters 
of  great  importance  or  difficulty,  before  you  resolve 
thereupon,  you  shall  make  his  majesty's  Privy  Councel 
acquainted  therewith  and  follow  their  directions  there- 
in :  You  shall  to  your  uttermost  bear  faith  and  alle- 
giance to  the  king's  majesty,  his  heirs,  and  lawful  suc- 
cessors, and  shall  assist  and  defend  all  jurisdictions, 
preheminences,  and  authorities  granted  unto  his  maj- 
esty and  anncxt  unto  the  crown  against  all  foreign 
princes,  persons,  prelates,  or  potentates  whatsoever,  be 
it  by  act  of  parliament  or  otherwise :  And  generally, 
in  all  things,  you  shall  do  as  a  faithful  and  true  servant 


THE   UNITED   STATES   OP   AMERICA.  101 

UNDER    THE    THIKl)    CHARTEK    OF    JAMKS    1.  PauT    I. 

ami  subject  ought  to  do.     So  help  you  God  and  the 
Holy  coiUcnls  of  this  Book^ 


I  have  thus  given  all  the  details  in  the  formation  of  General 
the  first  colonial  government  fully  organized    by  the^*^^     ''* 
London  Company  over  their  plantations  in  Virginia. 
They  are  important  and  interesting,  not  only  as  exhib- 
iting its  prominent  and  peculiar  features,  but  also  as 
illustrating  the    elaborate   and    systematic   care   with 
which  the   establishment  and    growth  of  this  colony 
was  watched  and  fostered  by  the  Crown  and  Company 
in   England.     It  enables  us,  too,  again  to  bring  intooig.mism 
prominent   and   efifective   contrast  with  it,  as  we  shall  °^  ^'"ginia 

■"■  '  compared 

hereafter  take  further  frequent  occasion  to  do,  the  witii  Xew 
parentage  and  early  organism  of  New  England.  I  ^^^^  ' 
should  be  unsteady  to  my  purpose,  did  I  not,  as  they 
arise,  point  out  these  various  exhibitions  of  character- 
istic origin,  progress,  organization,  and  government. 
Here,  in  Virginia,  we  have  it,  the  result  of  full  twenty 
years  of  exploration,  experiment,  expenditure,  specu- 
lation, and  adventure  ;  while  the  ablest  heads,  and  the 
most  opulent  and  distinguished  of  men,  with  hosts  of 
ready  adventurers,  had  devoted  their  labours,  their 
energies,  and  their  resources,  to  its  accomplishment. 
There,  in  New  England,  it  was  the  work,  as  it  were,  of 
a  single  year,  wrought  out  by  a  mere  handful  of  needy 
and  persecuted  exiles,  without  the  countenance  of  roy-  i 

alty,  or  the  influence  of  rank,  or  the  contributions  of 
opulence,  or  the    speculations   of   commerce,  or   the  ! 

explorations  of  science.  Here,  it  was  in  a  genial 
latitude,  upon  an  exuberant  soil,  with  an  abundance 
of  labour  and  material  for  subduing  the  country,  and 
bringing  its  resources  into  immediate  and  active  con- 
tribution to  their  necessities  and  their  protection. 
There,  it  was  labour  in  a  wintry  climate,  on  a  frozen 
and  stubborn  soil,  by  the  coast  of  a  cheerless  ocean,  in 
a  country  not  easily  prospected,  and  with  a  fearful  lack 
of  munitions  and  materials  for  defence,  as  well  as  the 


102  THE  GOVERNMENTAL   HISTORY   OP 


Part  I.  Virginia, 


appliances  necessary  for  self-preservation.  Here  it  is 
that  the  two  pictures  have  their  several  and  peculiar 
points  of  interest  and  attraction.  Here  we  trace  the 
origin,  respectively,  of  those  lights  and  shades  which 
mark  the  completeness  of  the  more  perfect  forms  of  a 
free  government,  and  free  institutions,  in  which  we 
now  rejoice.  There  is  something  profoundly  philo- 
sophical and  attractive  in  the  lessons  to  be  learned 
from  these  records  of  their  early  and  varied  expe- 
riences; and  there  is  also  akin  to  these  something 
sublime  as  well  as  beautiful,  in  the  harmony  which,  in 
maturer  years,  accompanied  the  confluence  of  their 
discordant  elements  and  the  blending  of  their  fraternal 
lineaments,  uniting  them  in  one  great  national  brother- 
hood of  Free  States  and  of  Free  Men. 

The  organization  of  the  Colonial  Government  estab- 
lished by  virtue  of  the  commission  and  instructions  to 
The  organ- the  Governor  and  Council,  was  undoubtedly  framed 
Ization       "  go  as  to  imitate  and  follow  the  policy  of  government, 
Co.'s'^Con-  and  other  administration  of  justice,  used  in  England, 

o?i62"  ^^  ^^'^*'  "^  *'^^^  ^^•"  '^^^^  Governor  was  supposed  to 
represent  the  King,  the  Council  to  answer  to  the  Peer- 
age, and  the  Burgesses  to  the  House  of  Commons. 
Such  at  least  is  the  analogy  to  the  Constitution  of 
Analogy  to  England,  which  is  fondly,  and  I  confess  not  inaptly, 
theEngiisin-j^jj^^g^j  l3y  j^^P  historians.  But,  nevertheless,  in  atten- 
tion, tively  perusing  the  history  of  her  Colonies  in  America, 
we  discover  far  more  interesting  and  important  devel- 
opments of  free  republican  principles,  and  a  more 
noble  and  generous  regard  for  the  rights  of  the  indi- 
vidual man,  in  their  departures  from,  than  in  their 
assimilations  to  the  constitution  and  laws  of  the 
mother  country.  Under  a  policy  of  government  so 
much  more  favorable  to  the  interests,  rights,  and  lib- 
erties of  the  colonists,  though  in  many  of  its  features 
and  provisions  still  objectionable,  the  prosperity  of  the 
colony  was  henceforth  greatly  promoted.  The  opening 
of  a  more  extensive  commerce  with  the  mother  coun- 


THE   UNITED   STATES   OF  AMERICA.  103 

UNDER  THE  THIRD  CHARTER  OF  JAMES  I.  PaRT  I, 

try  enlarged  the   resources  of  the  people,  accessions  Under  the 
wci-c  made  to  their  numbers  by  the  arrival  of  new^^[JJ^°^° 
adventurers,  additional   towns   were   in    consequence  16 12-24. 
erected,   while   the    number   composing    the    popular 
branch  of  the   General  Assembly  was  also  increased. 
This  extension  of  their  settlements,  and  the  wider  dis- 
persion of  the  population  which  necessarily  followed 
it,   rendered    the    existing    administration   of  justice 
inconvenient  and  almost   impracticable,  inasmuch  as 
the  judicial  powers  of   the  colony  were  vested  exclu- 
sively in  the  Governor  and  Council,  who  were  required  Origin  and 
to  hold  their  courts  at  Jamestown.     To  obviate  these 'J^^J'^*''^  °^ 
evils,  inferior  courts  were  established,  whose  jurisdic-  Courts. 
tion  embraced  a  certain  district,  composed  of  a  conven- 
ient number  of  plantations,  and  whose  sessions  were 
made  more  frequent.      These  were  called  County  or 
Monthly   Courts,  the  first  of  which  were  held  in  the 
year  1622.     They  were  established  under  a  Commission 
from  the  Governor,  as  follows : 

"To  all  to  whomc  these  presents  shall  come,  I,  Sir  The  Gov- 
Francis  "Wyatt,  Governor  and  Captain  General  of  Yir-  ^^^^'^. 
ginia,  send   Greeting,  in  our  Lord   God  Everlastirig- :  sion  estab- 
Whereas,  for  the  greater  ease  of  the  inhabitants  of  co^unfy 
diverse  parts  of  this  colony,  and  for  the  better  con-^°"^*^^' 
servation  of  the  peace,  and  due  execution  of  such  laws 
and  orders  as  are,  or  shall  be,  established  for  the  gov- 
ernment of  the  people  and  inhabitants  of  the  same, 
The   Governor  aud  Councell   have  thought  fitt,  and 
accordingly  appointed,  by  an  order  of  Court  made  on 

the day  of ,  that  there  shall  be  Monthly 

Courts  held  and  kepte  in  some  of  the  more  remote 
plantations  thereof.  Know  ye  that  according-  to  the  said 
order,  these  persons  whose  names  are  here  inserted, 
are  for  the  time  being  assigned  and  appoynted  to  be 
the  present  commissioners  of  and  for  the  holding  and 
keeping   of   Monthly   Courts   within   the   corporation 

^^ )  and  the  parts  near  adjoining,  viz.,  A.  B., 

C.  D.,  E.  F.,  &c.,  which    said  commissioners,  or  any 


104 

THE  GOVERNMENTAL   HISTORY  OP 

Part  I. 

VIRGINIA, 

three  of   them,  whereof  A.   B.  and    C.   D.  shall   be 

always  one,  shall  have  power  and  authority  to  hear 

and  determine  all  such  suits  and  controversies  between 

Jurisdic-    P^^'^J  ^"^  party  as  exceed  not  the  value  of  one  hund- 

tion  pre-     red  pounds  of  tobacco,  especially  that  they  take  into 

scribed  and    .     .  ^,  ^.  p     ^i 

defined,      their  carc  the    conservation  oi    the  peace,  the  quiet 

government  and  safety  of  the  people  there  residing,  or 

being,  and  that  all  orders  and  proclamations  bee  kept 

and  observed ;  and  according  to  the  same  to  inflicte  a 

punishment  upon   all  delinquents   either   by   fine   or 

Limitation  otherwise,  (such  offences  only  excepted  as  concerne 

diction,      the  taking  away  of  life  or  member.)     Provided  always 

Rigiit  of    that  it  shall  be  lawful  for  the  plaintiff  or  defendant  in 

appea .       ^^^^  ^^^^^  bcforc  the  said  commissioners  depending,  to 

appeal  to  the  Court  at  James  Citty,  there  holden  by 

Required    tlic   Governor    and    Councel :    And   they    are   hereby 

to  kCGD  tl  v  •' 

record  of   required,  from  tyme  to  tyme,  to  keep  records  of  all 
tiieirpro-    iudgmcnts,  orders,  and  other  matters  of  moment  as  by 

ceedmgs.     ^077  j 

them  shall  be  concluded  and  agreed  on.     Given  at 
James  Citty,  <^'c." 


Tlicir  rela-     The  relations  of  the  colonists  with  the  Indian  tribes 
tlie  In-       i^i  Virginia  had  been  established  on  a  friendly  basis  by 
dians.        the  marriage  of  Sir  John  Rolfe,  a  young  Englishman, 
with  Pocahontas,  the  daughter  of  Powhattan,  in  the 
See  1.  Hen- year  1G13.     This  alliance  pleased  the  Chief,  and  was 
utes  at  ^   highly  commended  by  the  Company  in  England,  where 
Large.       i\^q  young  bride  was  received  and  treated  with  distin- 
guishing kindness  and  attention  by  the  King  and  Queen, 
and    others  of  the  royal   household.     She  died  soon 
after  her  marriage,  in  London,  at  the  age  of  twenty-two 
years,  leaving  an  only  son.     This  son  afterwards  came 
to  Virginia,  where  he  left  numerous  descendants,  who 
formed  some  of  the  most  distinguished  families  in  the 
colony. 

On  the  death  of  Powhattan  his  power  fell  to  a  Chief 

who  had  already  grown  envious  of  the  increasing  set- 

rpj^g^j^ggj^.  tlcmcnts  of  the  English.     Consequently  he  contrived  a 

creof  1622.  plan  for  their  extermination,  which  broke  out  in  a  gen- 


THE  UNITED   STATES  OP   AMERICA.  105 


tINDEK    THE    THIRD    CIIAUTER    OF    JAMES    I.  PaRT    I. 

era!  open  attack  upon  their  settlements,  on  the  twenty-  The  Indian 
second  day  of  March,  1G22.  The  attack,  it  is  said,  was  JJ^^'J'go-f 
■wholly  unexpected,  as  up  to  the  very  day  on  which  it 
was  made,  the  Indians  had  maintained  their  friendly 
relations  and  continued  their  trade  with  the  colonists, 
manifesting  no  signs  of  hostility  or  disaffection.  The 
work  of  death  was  savage-like  and  terrible;  and  might 
have  been  full  and  complete,  but  for  the  discovery  of 
the  plot  by  a  friendly  Indian  to  a  citizen  of  Jamestown 
a  few  hours  before  the  onset,  which  enabled  the  inhabi- 
tants to  prepare  for  their  own  defence  and  notify  a  few 
neighboring  towns.  Some  four  hundred  men,  women, 
and  children,  were  mercilessly  butchered,  and  many 
houses,  and  stores  of  goods,  plundered  and  conflagrated. 
But  the  infuriated  revenge  of  the  survivors  of  this 
massacre  'was  quite  as  perilous,  and  more  fatal  to  the 
native  tribes.  It  was  then,  as  it  has  been  ever  since, 
and  will  continue  to  be  until  the  last  representative  of 
that  singularly  doomed  race  is  swept  off  into  the  waters 
of  the  Pacific,  a  war  of  extermination.  Here  it  began  Their  after 
and  the  Saxon  triumphed.  Year  after  year,  as  he  ex-  ■^'^^^^^ona. 
tended  his  settlements,  the  wandering  tribes  gathered 
themselves,  and  their  warriors  and  their  braves  coun- 
selled and  combined  together,  to  stay  his  progress.  ' 
Still  he  took  possession  of  their  territories,  appropriated 
their  fisheries  and  their  cornfields,  and  made  their 
abodes  the  home  of  his  own  children.  Still  the  unyield- 
ing native  clung  to  the  soil  consecrated  by  the  memo- 
ries of  his  youth  and  the  ashes  of  his  fathers,  and  still 
the  war  of  extermination  went  on.  Treaties  of  peace 
and  of  amity  seemed  for  a  while  to  stay  its  desolating 
activity.  Religion,  civilization  and  humanity,  each  in 
turn  sought  to  harmonize  the  two  races,  and  bring  them 
into  something  like  a  brotherhood  of  relationship  and 
association.  But  the  antagonism  still  remained,  deep- 
seated,  heaven-implanted,  and  the  savage  still  retreated 
upon  the  advance  of  the  Saxon,  westward.  He  plants 
himself  by  the  shores  of  the  Mississippi,  but  ho  finds  no 


106 


THE  GOVERNMENTAL   HISTORY   OF 


Part  I. 


VIRGINIA, 


rest  there.  He  crosses  its  turbid  waters  in  his  frail 
canoe,  perchance  he  may  repose  in  his  own  wigwam 
and  smoke  his  peace-pipe  unmolested  there;  but  the 
Steam-Boat  of  the  Saxon  disgorges  its  thousands  of 
pursuers,  and  drives  him  westward  still.  He  braces 
himself  against  the  rocky  mountains, — but  hark!  a 
mysterious  rumbling  of  the  earth,  a  fierce  howl  in  the 
air,  as  if  the  war-whoop  of  the  Great-Spirit  was  sum- 
moning his  mightier  forces  to  the  conflict,  and  lo!  the 
locomotive,  with  its  thousands  of  living  warriors  tells  him 
that  the  Saxon  is  yet  on  his  trail.  Pale,  horror-strick- 
en, panting,  he  scales  the  rocky  barriers,  and  descends 
tween^the  ^oward  the  setting  of  the  sun!  But  here  he  gazes 
two  races,  breathlessly  upon  the  same  waste  of  waters  which  first 
brought  the  Saxon  to  his  view,  and  sees  the  same  mys- 
terious craft  floating  upon  its  bosom.  He  Can  go  no 
further.  He  must  fight  or  die.  He  or  his  foe,  the  one 
or  the  other,  must  be  exterminated;  and  now  for  the 
conflict.  At  this  moment,  while  I  am  writing,  it  is  rag- 
ing on  the  shores  of  the  Pacific.  Raging  in  all  its  hor- 
ror, its  cruelty,  and  its  malignity,  and — the  history  of 
the  past  foreshadows  its  inevitable  result. 


The  war- 
fare be- 


Colonial 

Public 

Acts  of 

1623-4. 

Public 

worship. 


The  earliest  full  record  of  the  legislation  of  The 
General  Assembly  of  Virginia,  which  has  been  preserved 
and  published,  dates  in  March,  1623.  This  with  a  few 
other  documents  which  are  essential  as  illustrating  the 
character  of  the  people,  the  nature  of  their  laws  and 
their  policy  of  government,  become  a  part  of  our  his- 
tory. The  several  acts  passed  by  the  Assembly  were 
designated  by  their  number,  and  not  by  titles  and  chap- 
ters, as  in  more  modern  times :  I  transcribe  them  here 
as  they  are  found  in  the  original  record,  published  by 
Henning. 

Laws  and  Orders  concluded  on  by  the  General  Assem- 
bly, March  the  5th,  1623-4: 

1.  That  there  shall  be  in  every  plantation,  where  the 
people  use  to  meete  for  the  worship  of  God,  a  house  or 


THE  UNITED   STATES   OF  AMERICA.  107 

UNDKU    THE    THIRD    CHARTKR    OF    JAMES    I.  TaRT    I. 

roomc,  scqucstrcd  for  that  purpose,  and  not  to  be  for  Colonial 
any  temporal  use  whatsoever ;  and  a  place  empaled  m,  j^"4|'^ 
sequestered  only  to  the  burial  of  the  dead.  1623-4. 

2.  That  whosoever  shall  absent  himselfe  from  Divine  Absence 
service  any  Sunday,  withovit  an  allowable  excuse,  shall  (ji^m-ch, 
forfeite  a  pounde  of  tobacco,  and  he  that  absenteth 
himselfe  a  month  sliall  forfeit  50  lbs.  of  tobacco. 

3.  That  there  be  an  uniformity  in  our  church,  as  Act  of 
neere  as  may  be  to  the  canons  in  England ;   both  in  ^^^  ^^^^' 
substance    and    circumstance,    and    that    all    persons 

yield  readie  obedience  unto  them  under  paine  of  cen- 
sure. 

4.  That  the  twenty-second  of  March  be  yeerly  sol-Obscrv- 
erimized  as  holliday,  and  other  hollidays  (except  when  Holidays, 
they  fall  two  together)  betwixt  the  feast  of  the  Annun- 
ciation of  the  blessed  Virgin  and  St.  Michael  the  Arch- 
angell,  then  only  the  first  to  be  observed,  by  reason  of 

our  necessities. 

5.  That  no  minister  be  absent  from  his  church  above  Non-resi- 
two  months  in  all  the  yeare  upon  penalty  of  forfeiting  <^^^'^*^- 
halfe  his  means;  and  whosoever  shall  absent  himself 
above  foure  months  in  the  year  shall  forfeit  his  whole 
means  and  cure. 

6.  That  whosoever  shall  disparage  a  minister  without  Disparag' 
bringing  sufficient  proofe  to  justify  his  reports,  whereby  ^^fs^  ^^^' 
the  mindes  of  his  parishioners  may  be  alienated  from 

him,  and  his  ministry  prove  less  effectual  by  their  pre- 
judication, shall  not  only  pay  500  lb.  waight  of  tobacco, 
but  also  aske  the  minister  so  wronged  forgiveness  pub- 
lickly  in  the  congregation. 

7.  That  no  man  dispose  of  any  of  his  tobacco  before  Pay  of 
the  minister  be  satisfied,  upon  pam  of  forfeiture  double    '^®*®'^^* 
his  part  of  the  minister's  means,  and  one  man  of  every 
plantation  to  collect  his  means  out  of  the  first  and  best 
tobacco  and  corn. 

8.  That  the   Governor  shall  not  lay  any  taxes  or  Taxes, 
impositions  upon  the  colony,  their  lands  or  commodi- 
ties, other  way  than  b//  the  authority  of  the   General 


108  THE   GOVEENMENTAL   HISTORY  OP 

Part  I.  Virginia, 

Colonial     Assembly  to  be  levyed  and  ymployed  as  the  said  Assem-. 
Acts'*"       Z?///  shall  appoynt. 

1023-4,  9,  Tiie  governor  shall  not  withdraw  the  inhabitants 

from  their  private  labours  to  any  service  of  his  own 
upon  any  colour  whatsoever;  and  in  case  the  publick 
Military      scrvicG  require  ymployments  of  many  hands  before  the 
and  other  jiolding  a  general  assemblie  to  give  order  for  the  same, 
in  tliat  case  the  levying  of  men  shall  be  done  by  order 
of  the  governor  and  whole  body  of  the  counsell;  and 
that  in  such  sorte  as  to  be  least  burthensome  to  the 
people  and  most  free  from  partiality. 
Certain  10.  That  all  the  old  planters  that  were  here  before, 

exempr     ^^  Came  in  the  last  coming  of  Sir  Thomas  Gates,  they 
from,         and  their  posterity  shall  be  exempted  from  their  per- 
sonal   service   to    the    wars,  and    any    public    charge 
(cliurch  duties  excepted)  that  belong  particularly  to 
their  persons   (not  exempting   their   families)   except 
such  as  shall  be  ymployed  to  command  in  chief. 
Burgesses       11,  That  no  burgesscs  of  the  general  assembly  shall 
arrest*^'"   be  arrested  during  the  time  of  the  assembly,  a  week 
before  and  a  week  after,  upon  pain  of  the  creditor's  for- 
feiture of  his  debt  and  such  punishment  upon  the  officer 
as  the  court  shall  award. 
Monthly         12.  That  there  shall  be  courts  kept  once  a  month  in 
^""^  ^'       the  corporations  of  Charles  Citty  and  Elizabeth  Citty, 
Jurisdic-     for  the  deciding  of  suits  and  controversies  not  cxceed- 
tion  of.       jj^g  ^1^^  value  of  one  hundred  pounds  of  tobacco,  and 
Judges  of.  for  punishing  of  petty  offences.     That  the  commanders 
of  the  places,  and  such  others  as  the   Governor  and 
Counsell   shall  appoint   by  commission,  shall   be  the 
judges,  with  reservation  of  appeal  after  sentence,  to 
Appeal      the    Governor   and    Counsell;     And   whosoever    shall 
appeal  yf  he  be  there  cast  in  suit  shall  pay  duble  dam- 
ages:    The  commanders  to  be  of  the  quorum^  and  sen- 
tence to  be  given  by  the  major  parties. 
Survey  of       13,  That  cvery  private  planter's  devident  shall  be 
*°  ^'        surveyed   and   laid   out   in   several,   and   the   bounds 
recorded  by  the  survey ;  if  there  be  any  potty  differ- 


THE   UNITED    STATES   OP   AMERICA.  109 


UNDKK    THE    THIRD    CHARTER    OF    JAMES    I.  PaRT    I. 

encGs  betwixt  neighbours  about  their  devidents,  to  be  f'oioniai 
divided  by  the  surveyor ;  if  of  much  importance  to  be  Acts  of 
referred  to  the  governor  and  councel :  The  surveyor  ^'^-3-4. 
to  have  10  lbs  of  tobacco  upon  every  hundred  acres. 

14.  For  the  encouragement  of  men  to  plant  store  of  Trice  of 
Corne,  the  price  shall  not  be  stinted,  but  it  shall  be*'"'^'^* 
free  for  every  man  to  sell  it  as  deere  as  he  can. 

15.  That  there  shall  be  in  every  parish  a  publick  Public 
garncry  unto  which  tlicre  shall  be  contributed  for  every 
planter  exceeding  the  adge  of  eighteen  years,  alive  at 

the  crop,  after  he  hath  been  here  a  year,  a  bushel  of 
corne  ;  the  which  shall  be  dis^wsed  for  the  publick  uses 
of  every  parish  by  the  major  part  of  the  freemen ;  the 
remainder  yearly  to  be  taken  out  by  the  owners  at  St. 
Tho's  his  day,  and  the  new  bushell  to  be  putt  in  the 
roome. 

IG.  That  three  suflBcient  men  of  every  parish  shall  Ovcrgeers 
be  sworn  to  see  that  every  man  shall  plant  and  tend  p[^^^n^ 
sufficient  of   corne  for  his  family.     Those  men  that 
have  neglected  so  to  do  are  to  be  by  the  said  three  men 
presented  to  be  censured  by  the  governor  and  councel. 

17.  That  all  trade  for  corne  with  the  salvages,  as  Trade  with 
well  public  as  private,  after  June  next  shall  be  proliib-  ^^g  ^"'^'" 
ited. 

18.  That  every  freeman  shall  fence  in  a  quarter  of  Gardens, 
an  acre  of  ground  before  Whitsuntide  next,  to  make  a 
garden  for  planting  of  vines,  herbs,  roots,  &c.,  sub- 
poena ten  pounds  of  tobacco  a  man  ;  but  that  no  man 

for  his  own  family  shall  be  tyed  to  above  an  acre  of 
land,  and  that  whosoever  hath  fenced  a  garden  and 
(*  )  of  the  land  shall  be  paid  for  it  by  the  *  I>(^<;vccd^ 

owner  of  the  soyle ;   they  shall  also  plant  mulberry  inai.—   ° 

trees.  Uenuing. 

19.  The  proclamations  for  swearing   and  drunken- Svvcarinj^ 
hess,  set  out  l)y  the    governor  and  councel,  are  con-puuess""  ' 
firmed  by  this  Assembly  ;  and  it  is  further  ordered  that 

tlie  churchwardens  shall  be  sworne  to  present  them  to 
the  commanders    of   every  plantation,  and    that   the 


110  THE   GOVERNMENTAL   HISTORY   OP 

Part  I.  Virginia, 

Colonial     forfeitures   shall  be   collected   by  them  for   publiqiie 

Public  •'  ^  ^ 

Acts  of     uses. 

1623^.         20.  That  a  proclamation  be  read  aboard  every  ship, 

Shipping,    and  afterwards  fixed  to  the  maste  of  such, — prohibiting 

them  to  break  boulke  or  make  private  sales  of  any  com- 

*  Blank  in  modity  until  (^     *     *     *     y  James  Citty,  without  spe- 

t  e  recor  .  ^j^^j  order  from  the  governor  and  councell. 

Tobacco        21.  That  the  proclamation  for  the  rates  of  commodi- 

"'  ties  be  still  in  force,  and  that  there  be  some  men  in 

every  plantation  to  censure  tobacco. 
Weights        22.  That  there  be  no  weights  nor  measures  used  but 
and  meas-  gy^Q\^  ^g  shall  be  sealed  by  officers  appointed  for  that 

purpose. 
Protection      23.  That  every  dwelling  house  shall  be  palisaded  in 
Indians.^  '^  ^^^  defence  against  the  Indians. 

24.  That  no  man  go  or  send  abroad  without  a  suffi- 
cient partie  well  armed. 

25.  That  men  go  not  to  worke  in  the  ground  without 
their  arms  (and  a  centinell  upon  them.) 

26.  That  the  inhabitants  go  not  aboard  ships,  or  upon 
any  other  occasions,  in  such  numbers,  as  thereby  to 
weaken  and  endanger  the  plantations. 

Powder         27.  That  the  commander  of  every  plantation  take 
and  arms.  ^^^^  ^|^^^  there  be  sufficient  of  powder  and  ammunition 

within  the  plantation  under  his  command,  and  their 

pieces  fixed,  and  their  arms  complete. 

28.  That  there  be  due  watch  kept  by  night. 

29.  That  no  commander  of  any  plantation  do  either 
liimselfe,  or  suffer  others  to  spend  powder  unnecessa- 
rily in  drinking  or  entertainments,  &c. 

Offences  30.  That  sucli  persons  of  quality  as  shall  be  found 
^f  ^mSr  <ielinquent  in  their  duties,  being  not  fitt  to  imdcrgoe 
corporal  punishment,  may  notwithstanding  be  impris- 
oned at  the  discretion  of  the  commander ;  and  for 
greater  offences  to  be  subject  a  fine  inflicted  by  the 
monthlie  court,  so  that  it  exceed  not  the  value  afore- 
said, 

31.  That  every  man  that  hath  not  contributed  to  the 


THE  UNITED    STATES   OF   AMERICA.  HI 

UNDKIl    THE    TIIIUD    C}IARTKR    OF    JAMES    I.  I'aRT    L 

finding  a  man  at  the  castcU  shall  pay  for  himself  and  Colonial 
servants  five  pounds  of  tobacco  a  head  towards  the  dis-  Acts  of 
charge  of  such  as  had  their  servants  there.  1623-4. 

32.  That  at  the  beginning  of  July  next  the  inhabit-  Destruc- 
ants  of  every  corporation  shall  fall  upon  their  adjoin- g^^jjggg*'^® 
ing  salvages  as  vs^c  did  last  yeare,  those  that  shall  be 

hurte  upon  service  to  be  cured  at  the  publiquc  charge : 
And  in  case  any  be  lamed  to  be  maintained  by  the 
country  according  to  his  person  and  quality. 

33.  That  for  defraying  of  such  publique  debts  our  Public 
troubles  have  brought  upon  us,  there  shall  be  levied  10  ^^^^^' 
pounds  of  tobacco  upon  every  male  head  above  sixteen 
years  of  adge  now  living  (not  including  such  as  arrived 
since  the  beginning  of  July  last.) 

34.  That  no  person  within  this  colony  upon  the  Obedience 
rumor  or  supposed  change  and  alteration,  presume  tOQ°g^"^®"' 
be  disobedient  to  the  present  government,  nor  servants 

to  their  private  officers,  masters,  or  overseers,  at  their 
uttermost  perills. 

35.  That  Mr.  John   Pountis,    counsellor   of  state,  Commis- 
going  to  England,  (being  willing  by  our  entrcatie  to  England! 
accept  of   that  employment)   to    solicite  the  general 
cause  of  the  country  to  his  majesty  and  the  counsel ; 
towards  the  charges  of  the  voyage  the  country  consent 

to  pay,  for  every  male  head  above  sixteen  years  of  adge 
then  living,  which  have  been  here  a  yeere,  ffour  pounds 
of  the  best  merchantable  tobacco  in  leafe,  at  or  before 
the  last  of  October  next." 

There  is  an  allusion  made  in   these  Acts  to  "  77ie  Command 
CJommander  of  Plantations.''^    This  was  an  office  appoint-  p,^^^^^  _ 
ed  under  a   commission,  issued  by  the    Governor  of  tiona. 
Virginia  to  the  person  to  be  appointed  to  the  office, 
which  recited  that,  "  Whereas  the  afiairs  of  this  colony 
do  necessarily  require  that  men  of  sufficiency  and  ex- 
perience be  appointed  to  command  and  governe  the  sev- 
eral plantations  and  inhabitants  within  the  same  ;  both 
for  the  better  order  of  government  in  the  conservation 
of  the  place,  and  in  the  execution  of  such  orders  and 


112  THE   GOVERNMENTAL    HISTORY   OP 

Part  I.  Virginia, 

Colonial     directions  as  from  tyme  to  tyme  shall  be  directed  unto 

Public  ,  1  /.       ^1 

Acts  of      them,  as  alsoe  lor  the  preventinge  and  avoyding  of  such 
1623-4.      niischiefcs  as  may  happen  unto  us  by  the  intrusions  and 
practices  of  the  Indians,  our  irreconcileable  enemies, 
Noiv  know  ye  that  I   (the  governor)  out  of  the  good 
opinion  I  do  conceive  of  the  discretion,  care  and  cir- 
cumspection of  (A.  B.,)  do  by  these  presents,  with  the 
consent  of  the  councel  of  state,  constitute  and  appoint 
him  the  said  (A.  B.,)  to  be  the  Principal  Commander 
Precincts,  of   and  for   the    plantations  within    the    precincts  of 
(naming  the  particular  plantations) — Giving,  and  by 
these    presents   granting,   unto    him   full    power   and 
Powers      authority  to  do,  execute,  and  performe  all  such  matters 
and  duties,  r^.^^  things  as  are  incident  and  appertayning  to  tlie 
place  and  office  of  commander  there.      Willing  and 
requiring  him,  the  said  (A.  B.,)  to  see  that  all  such 
orders  as  heretofore  have  been,  or  hereafter  shall  be, 
given  by  the  governor  and  councel,  bee  duly  executed 
and   observed.      Hereby   also    chardging    ajl   persons 
Obedience  residing  and  being,  or  which  shall  hereafter  reside  or 
command-  \^qq  within  the  same,  to  yield  due  respecte  and  obedi- 
ence unto  him,  or  in  all  things  which  unto  him,  or 
them,  respectively  do  belong  or  appertain — In  witness 
whereof,  &c." 


Legislation  These  records  give  us  a  pretty  just  and  correct  idea 
ony  '4ner-  ^^  ^^^^  coiidition  of  the  colouy  of  Virginia,  and  the 
^^•y-  frame  of  government  under  which  it  was  cstablislicd  at 

this  early  period ;  and  form  the  basis  of  its  whole  sub- 
sequent political  existence.  From  the  scattered  and 
sparse  fragments  of  records  which  have  been  preserved, 
from  this  date  down  to  the  year  1629,  it  would  seem 
that  its  legislature,  during  the  interval,  was  mostly 
occupied  in  re-enacting  the  Acts  of  Uniformity  passed 
by  parliament ;  or  otherwise  imitating  the  Church  of 
England,  by  adopting  and  promoting  its  canons,  its  dis- 
cipline and  service  ;  in  enforcing  attendance  at  church 
on  the  sabbath,  and  the  observance  of  holi-days,  and 


THE   UNITED    STATES   OF   AMERICA.  113 

UNDER    THE    TUIRD    CHARTER    OF    JAMES    I.  PaRT    I. 

other  religious  services,  appointed  by  the  church  or  colo- 
nial authorities  ;  or  in  directing  such  defensive  opera- 
tions as  were  necessary  to  protect  them  from  the  Indians.*  *  llenning, 

It  has  been  well  said  that  the  character  of  a  people 
may  be  known  from  their  laws,  yet  the  imperfect  records 
of  mere  municipal  legislation  do  not  always  furnish  the 
fullest  or  the  best  evidence  of  the  actual  political  life 
of  the  early  colonies  in  America,  or  of  their  relations 
with  the  parent  state. 

The  action  of  the  government  of  the  colony  quite 
as  frequently  manifested  itself  in  the  shape  of  procla- 
mations addressed  to  the  people,  and  instructions  given 
to  its  various  officers,  directed  to  be  issued  by  the 
governor  and  council,  which  also  assumed  the  force 
of  laws.  These  may  have  served  the  purpose  for 
which  they  were  intended  without  ever  having  been 
engrossed,  or  filed  in  the  archives  of  state.  Besides 
this,  their  political  existence  was  necessarily  progres- 
sive, and  at  times  too  rapidly  changeful,  to  wait  the 
slow  and  tedious  process  of  periodical  legislative  enact- 
ments. Hence  they  were  at  all  times  in  a  condition  more 
or  less  transitionary.  It  was  impossible  that  the  settle- 
ments planted  in  Virginia  should  grow  and  still  remain 
unaffected  by  the  leaven  of  human  progress  generated 
by  the  protestantism  of  the  reformation,  which,  under 
•the  name  of  Puritanism^  was  now  more  actively  agita-  Puritanism 
ting  the  parent  state  in  all  its  relations,  whether  polit- '°jj^^^^'^^."*^ 
ical,  social,  or  ecclesiastical.  The  increasing  number  giuia. 
of  emigrants  to  Virginia  increased  the  number  of  her 
towns,  and  these  added  year  by  year  to  the  number  of 
representatives  in  her  General  Assembly.  Thus  that 
body  was  brought  more  under  the  influence  of  the 
popular  will,  while  its  more  earnest  deliberations  led 
to  a  still  further  illustration  of  the  objectionable 
features  inherent  in  the  policy  of  their  charter  govern- 
ment ;  and  also  emboldened  them  more  freely  to  assert 
their  rights,  as  well  as  to  oppose  any  infringement  of 
what  they  called  their  liberties,  by  the  company. 
8 


114  THE   GOVERNMENTAL   HISTORY   OF 

Part  I.  Virginia, 

It  will    be  observed,  by  a  reference   to   the    sixth 
section  of  the  order  of  the  company  and    council  in 
London,  instituting  a  Council  of   State  and  General 
Negative    Assembly  in  the  colony,  and  the  commission  to  Gov. 
CourTof    Wyatt,  that   it    was    declared   to   be   the   company's 
the  Co. on  intention — "after  the  government  of  the  said  colony 
Laws.        was  well  framed  and  settled,  to  provide  that  no  order 
of  Quarter  Court  in  England  should,  bind  the  colonists 
until  ratified  by  their  own  General  Assembly  in  the 
colony."     The  non-fulfillment  of  this  assurance  was  a 
source  of  dissatisfaction  with  the  rulers  as  well  as  the 
people.      The  colonial  government  accordingly  made 
and     enforced    its    laws,    and     regulated    all    local 
affairs,  without  waiting  for  a  ratification  of  their  ordi- 
nances  or  enactments    by    the    Great    and    General 
Court  of  the  company  in  England.     James  and    his 
ministers  looked  with  jealousy  and  apprehension  uix)n 
these  symptoms  of  increasing  strength  and  independ- 
ence.    The  meetings  of  the  company  and  council  in 
Puritanism  London  had  also  become  scenes  of  political  discussion, 
'g°jj^j^^"  where  the  advocates  of  protestant   freedom  and  the 
giuia,        defenders  of  the  royal  and  church  prerogatives  were 
frequently  at  issue.     Attempts  were  made  to  check  the 
latitude  of  these  debates  in  both  branches  of  the  cor- 
poration, and  to  bring  them  back  again  to  their  original 
state  of  subjection  by  a  change  of  officers.     "Whatever 
may  have  been  the  result  of  this  interference  under 
the  immediate  eye  of  the  crown,  it  had  the  effect  in 
Virginia  to  link  the  colonists   more    firmly  to   each 
other.     Finding  his  efforts  to  stifle  the  growth  of  lib- 
eral opinions  unavailing,  James  at  length  had  recourse 
to  his  royal  prerogative.     In  its  unjust  and  arbitrary 
exercise,  he  issued  a  proclamation  appointing  commis- 
sioners to  enquire  into  all  the   transactions  of   The 
London    Company   from   its   first   organization.      The 
of  the       result  of  this  investigation,  agreeably  with  the  design 
London     -with  wliicli  it  was  directed,  was  made  the  pretext  for 
1624.      '  revoking  the    charter  of  the    company.      The  conse- 


THE  UNITED    STATES   OF  AMERICA.  115 

DISSOLUTION    OF    THE    FIRST    COLONY    BY    JAMKS    I.  PaRT    I. 

quciice  was  a  dissolution  of  its  incorporation,  and  an  Revocation 
escheat  to  the  sovereign  of  all  the  lands,  privileges,  p.^j^^{°  ^^^ 
immunities,  and   powers,   which   its   patent  had   con-  tiic  Lon- 
fcrred.     Never  was  there  a  more  arbitrary  display  of  p.uiy^i'"24. 
kingly  power,  and  never  a  more  ill-timed  and  unfortu- 
nate exercise  of  it.     Its  injustice  reached  far  into  the 
ramified  business,  and  the  social  and  religious  relations 
of  the  people,  and  fell  with  a  crushing  weight  upon  its  cflfect  in 
many   who   miglit,  but   for   this,  have   been   devoted  ^"^'''"'^' 
defenders  and  supporters  of  the  royal  prerogatives.     It 
increased  the  agitations  it  aimed  to  terminate,  opened 
a  surer  way  for  the  progress  of  puritanical  sentiments^ 
and  shortened   by   many   years    the  duration  of  the 
crown's  supremacy. 

Although  the  existence  and  management  of  the  Its  effect  in 
company,  as  its  directorship  was  constituted  jn^^^'S'^ia. 
England,  had  not  been  greatly  favorable  to  the  rapid 
advancement  of  the  colony  in  Virginia :  Although  its 
government  over  the  settlers  had  been  in  its  spirit,  and 
in  many  of  its  enactments,  rigorous  and  arbitrary,  and 
had  tended  rather  to  their  oppression,  still  its  dissolu- 
tion was  in  a  measure  regretted.  It  was  more  easy  of 
resistance,  and,  as  we  have  seen,  had  been  practically 
deprived  of  much  of  its  authority ;  or  awed  from  the 
exercise  of  its  most  odious  powers,  by  the  ready  and 
indignant  resistance  of  the  burgesses  to  any  unwarrant- 
able infringement  of  their  local  colonial  rights  and 
interests.  But  the  entire  prostration  of  the  corpora- 
tion, and  the  assumption  of  direct  and  absolute  control 
over  the  colony  by  the  crown,  seemed  at  first  a  fatal 
blow  to  many  of  the  institutions  of  government  and 
association  which  had  grown  up  among  the  people  of 
Virginia.  Yet  it  is  interesting  to  observe  at  this  point 
in  their  history,  how  in  the  natural  course  of  tilings 
the  political  elements  of  freedom  were  here  developed 
and  grew.  "While  but  a  handful  of  feeble  adventurers, 
the  planters  in  America  readily  yielded  to  the  control 
of  a  company  of  which  they  were  nominally  members, 


116  THE   GOVERNMENTAL   HISTORY   OF 

Part  I.  tirginia. 

Comiiiis-     and    Oil    whose    supplies    and   protection   their   very 
Vii-'r^inl/^'^  existence   depended.  .  But  as  they  advanced  in  num- 
appointed  bcrs,  in  strength,  and  in  the  resources  of  sclf-depend- 
■  ence,  they  repudiated  its  powers,  or  virtually  disre- 
garded its  instructions  and  ordinances.     At  this  crisis 
the  crown  steps  in  to  claim  its  prerogatives  of  domain 
and  sovereignly.     But  they  had  developed  principles 
of  organization,  and  founded  institutions  of   govern- 
ment among  themselves,  which  were  essentially  hostile 
to  those  prerogatives,  and  against  which  it  was  hazard- 
ous for  the  crown  openly  to  war. 

The  dissolution  of  the  company,  however,  produced 
no  immediate  or  material  change  in  the  government  or 
legislation  of  the  colonists.  James  by  a  special  com- 
mission appointed  a  council  similar  to  that  which  was 
created  under  the  third  charter  to  the  company, 
called  The  King's  Council  for  Virginia.  This  council 
consisted  of  twelve  persons,  who  were  appointed  to 
take  direction  of  the  affairs  of  the  company  in  the 
colony,  until  such  time  as  the  crown  could  find 
leisure  to  frame  an  appropriate  and  permanent  code 
for  its  government.  These  commissioners  attempted 
to  procure  from  the  General  Assembly  of  Virginia 
an  address  to  the  King  acknowledging  their  acquies- 
cence in  the  revocation  of  the  patent  to  the  London 
How  re-  company.  But  they  refused  to  do  anything  more 
the  Colo-  than  to  express  their  satisfaction  that  his  majesty  had 
^^^'  taken  the  concerns  of  the  colony  under  his  special 
care  ;  while  they  entreated  that  he  "  would  graciously 
continue  to  them  their  present  form  of  government, 
and  would  also  permit  their  governor  and  assembly  to 
direct  the  operations  of  such  military  forces  as  might 
be  placed  among  them." 

We  need  not  stay  to  speculate  upon  the  probable 

consequences  which  might  have  resulted  to  the  colo- 

Death  of    nists  from  the  ordinances  which  James'  wisdom  and 

ie^r    '    sagacity  might  have  seen  fit  to  devise.     Death,  the 

haughty  leveller  of  all  human  projects  and  aspirations, 


THE   UNITED    STATES   OF   AMERICA.  HY 


UPON    THE    ACCESSION    OF    CHARLES    I.  PaRT    I. 


withdrew  him  from  this  scene  of  life.  Yet  it  is  neither 
idle  nor  unprofitable  speculation,  to  note  the  changes 
which  were  consequent  upon  the  interruption  of  his 
plans.  The  transfer  of  the  powers  and  position  of 
sovereignty,  even  under  the  ordinary  and  peaceful 
process  of  legitimate  succession,  has  often  changed  the 
aspect,  or  been  decisive  of  the  fate,  of  kingdoms  and 
of  empires.  To  an  empire  like  Great  Britain,  at  a  Effect  of 
period  in  her  history  so  fruitful  of  adventure;  so  rife  of  jamcs  I 
with  intelligent  enterprise ;  so  agitated  by  religious 
enthusiasm ;  so  pregnant  with  the  freedom  of  opinion 
and  freedom  of  discussion  generated  in  the  church 
and  in  the  state,  in  parliament  and  among  the  people, 
by  the  protestantism  of  the  reformation,  such  a  change 
was  signally  momentous  and  eventful.  James  I.  had 
been  a  sovereign  over  Scotland  for  forty-nine  years, 
twenty-one  of  which  had  included  the  more  magnifi- 
cent empire  of  the  United  Kingdoms  of  England  and 
Wales,  France  and  Ireland.  To  this  he  had  added  the- 
foundation  of  a  new  empire  in  America,  which  was  of 
itself  well  worthy  the  most  careful  consideration  of  the 
crown.  The  one  in  the  old  world,  and  the  other 
in  the  new,  the  future  of  both  was  henceforth  to  be 
coloured  and  shaped  by  the  experience,  the  character, 
and  the  capacity  of  his  successor.  But  for  the  fortu- 
nate results  to  mankind  which  we  now  know,  would  it 
not  seem  strange  that  in  the  economy  of  the  all-seeing  The  succes- 
God  such  a  splendid  heritage  of  power  should  have  I'P"  ?^ 

n  ^^  •  •  •  i  -.         Charlcs  I., 

fallen  to  a  prince  so  inexperienced,  so  arrogant,  and  so  i625. 
prodigal,  as  his  son  and  successor  ? 

Charles  I.  ascended  the  throne  at  the  early  age  of 
twenty-five  years.  He  had  been  educated  to  entertain 
high  notions  of  the  royal  prerogatives,  and  "  though  he 
was  virtuous  in  his  domestic  and  private  life,  in  relation 
to  his  kingdom,  he  disregarded  justice  and  the  rights  of 
the  people,  as  much  as  if  he  had  been  wicked  and  tyran- 
nical."* He  adopted  the  maxims  of  his  father,  not  only  *  Bissett's 
in  relation  to  his  home  administration,  but  also  with  ^^giand. 


118 


THE   GOVERNMENTAL    HISTORY   OF 


Part  I. 


don  Com 
pany 


Colonial 
policy  of 
Charles  I 


After  the  reference  to  the  colonies  in  America.  Instead  of  re- 
ofThe^Lon-  girding  them  as  in  any  sense  the  creatures  or  property 
of  the  London  or  Plymouth  companies,  he  declared  that 
they  were  a  part  of  the  empire  annexed  to  his  crown, 
and  subject  to  his  solo  will  and  sovereign  control.  The 
council  appointed  by  James  I.  with  Sir  George  Yeardley 
as  governor,  and  a  secretary,  were  appointed  to  super- 
intend and  direct  the  affairs  of  the  American  colonies, 
conforming  themselves  to  whatever  instructions  they 
should  from  time  to  time  receive  from  the  crown. 
They  were  also  directed  to  take  the  property  of  the 
late  London  company  and  apply  it  to  general  use. 
It  was  not  a  part  of  the  provisions  directed  by  Charles, 
nor  was  it  his  intention,  to  continue  the  general  assem- 
bly as  already  constituted,  or  to  allow  the  people  to 
participate  in  the  government  or  legislation  of  the 
colony.  All  municipal  powers  were  vested  exclusively 
in  the  president  and  council.  It  was  further  a  part 
of  his  system  that  offenders  should  be  transported  to 
England,  to  be  tried  and  punished  for  crimes  charged 
against  them,  or  committed  in  the  colony.  The  op- 
pressive nature  of  these  provisions  was  not  felt  dur- 
ing the  mild  and  liberal  administration  of  governor 
Yeardley  ;  nor  can  I  find  any  warrant  in  the  colonial 
records  for  saying  that  they  were  generally  enforced 
by  the  crown  or  council.  There  seems  to  have  been 
in  fact,  no  interruption  of  the  regular  meetings  of 
the  general  assembly,  and,  from  aught  that  appears, 
they  were  conducted  under  the  same  form,  and  in  the 
same  manner,  as  during  the  existence  of  the  London 
company's  dominion  and  charter. 

Upon  the  death  of  Sir  George  Yeardley  the  colo- 
nial  government  passed  into  the   hands  of  Sir  John 
Pott,  under  whose  administration  there  was  a  regu- 
of    the    general    assembly    in    October, 


Governor 
Yeardloy 
succeeded 
by  Sir 
John  Pott, 

1629.         lar 


session 


General  1629,  of  wliich  the  burgcsscs  formed  a  part.  There 
of  Th^  ^  were  twenty-three  boroughs  or  plantations  represented 
Colony.      .^   ^j^.g   assembly ;  some  of  them   sending  two,  some 


THE   UNITED   STATES   OF   AMERICA.  119 

UPON    THE    ACCESSION    OF    CHARLES    I.  PaRT    I. 

four,  aud  some  as  many  as  six  representatives ;  while  After  the 
"  for  the  Easterne  Shore  noe   burgesses  did  appear."*  orthlTon- 
It  seems  to  have  been  left  to  the  option,  or  discretion,  don  Com- 
of  each  plantation  to  decide,  from  time  to  time,  upon  ^^°^' 
the  number  to  be  sent.     The  oaths  of  supremacy  and 
allegiance   were    administered    to    the   governor   andning."' 
council,  and   then   to  all  of  the  burgesses.     This  was  statutes 

,  •  n    J 1  1  i^t  Large, 

done  generally  at  each  session  ot  the  general  as- 
sembly during  the  reign  of  Charles  I.  The  legislative 
acts  of  this  session  were  but  few  and  related  almost 
entirely  to  their  aggressive  conflicts  with  the  Indians. 
The  several  commanders  of  plantations  were  ordered 
"  to  levy  a  partie  of  men  out  of  the  inhabitants  of  that 
place,  so  many  as  may  well  be  spared  without  too  much 
weakening  of  the  plantations,  and  to  imploy  those  men  Legislation 
against  the  Indians  when  they  shall  assault  us  neere  gg  J^f-^f 
unto  our  habitations,  or  when  they  in  their  discretion  Oct.  1629. 
shall  deeme  it  convenient  to  cleare  the  woods  and  the 
parts  neere  adjoining  when  the  Indians  shall  be  a  hunt- 
ing, or  when  they  have  any  certain  knowledge  of  the 
Indians  abroad  in  those  places."  Three  several  expe- 
ditions were  planned  for  this  purpose.  It  being  ques- 
tioned also  in  this  assembly,  whether  "  new-comers  shall 
be  restrained  from  planting  tobacco  the  first  year  and 
they  to  be  exempted  from  all  taxes  and  marches  for 
that  year.  The  major  part  would  have  no  restraint 
made  to  new-comers."  The  planting  of  tobacco  was 
generally  "  limited  this  year  to  so  many  pounds  a  head 
or  per  poll,  to  be  increased  by  permission  from  the 
governor  at  his  discretion."  The  burgesses  were  em- 
powered to  enforce  the  collection  of  taxes  by  distress 
and  sale,  and  to  be  fined  by  the  governor  in  case  of 
their  neglect  to  do  so.  Provision  was  also  made  for  the 
erection  of  fortifications,  and  the  repairing  of  churches. 
The  most  remarkable  proceeding  in  the  colony  at 
about  this  time  was  the  trial  of  his  excellency,  Sir 
John  Pott,  M.  D,,  for  stealing.  Sir  John  Harvey  had 
succeeded  him  in  the  office  of  governor,  and  from  the 


120 


THE   GOVERNMENTAL   HISTORY   OP 


Part  I. 


VIRGINIA, 


After  the 
dissolution 
of  the  Lon- 
don Com- 
pany. 


*  I.  Hen- 
ning. 

General 
aspect  of 
the  Colo- 
nial Ad- 
uiinistra- 
tioD. 


Virginia 
becomes  a 
Royal 
Colony. 


minutes  of  the  judicial  proceedings  of  the  governor 
and  council,  dated  July  ninth,  1G30,  it  seems  that "  Dr. 
John  Pott,  late  governor,  indicted,  arrained  and  found 
guilty  of  stealing  cattle  ;  13  jurors  3  whereof  councel- 
lors, — this  day  wholly  spent  in  pleading ;  next  day, 
in  unnecessary  disputation ;  Pott  endeavouring  to 
prov-e  Mr.  Kingswell  (one  of  the  witnesses  against  him) 
an  hypocrite,  by  a  story  of  Gusman  of  Alfrach  the 
rogue.  In  regard  to  his  quality  and  practice  judgment 
respited  till  the  King's  pleasure  known  ;  and  all  the 
councel  became  his  security."* 

There  was  evidently  something  reformatory  in  the 
chief  administration  of  the  colony  after  it  came  under 
the  immediate  supervision  of  the  crown,  as  well  as  in 
the  submission  of  the  colonists  to  its  arbitrary  exer- 
cise of  power.  The  governors  assumed  more  the  posi- 
tion and  prerogatives  of  royalty  than  they  did,  or  pro- 
bably dared  to,  when  they  received  their  commissions 
from  the  London  company ;  while  the  people  seemed 
more  in  awe  of  the  King's  vicegerent  than  they  for- 
merly were  of  the  company's  agent.  This  may  be  at- 
tributed in  part  to  the  more  splendid  appliances,  the 
provisions  for  residence,  and  regalia  of  office  which 
were  the  accompaniments  of  the  royal  gubernatorial 
commissions.  And  the  like  exhibition  of  lordly  pre- 
eminence may  be  discovered  in  the  members  of  the 
council  from  the  simple  record  of  proceedings  in  the 
trial  of  Sir  John  Pott.  Out  of  respect  to  his  quality 
they  ventured  not  to  punish  him  "  without  knowing  the 
King's  pleasure,  and  all  the  council  became  his  secu- 
rity." 

The  fact  is,  and  it  is  important  to  be  observed,  Vir- 
ginia from  a  subordinate  trading  establishment  had 
become  a  royal  colony.  Springing  into  being  under 
the  auspices  of  a  company  whose  operations  had  refer- 
ence to  a  country  newly  discovered,  not  yet  explored, 
and  whose  riches  and  extent  were  not  even  dreamed 
of,  it  was  at  first  brought  under  a  charter  whose  pro- 


THE  UNITED   STATES   OP   AMERICA.  121 

DURING    THE    REIGN    OF   CHARLK3    I.  PaRT    I. 


visions  were  mostly  applicable  to  a  mere  commercial  Virginia  a 
adventure.  A  further  knowledge  of  the  territory  lying  JJobny. 
along  its  coast,  and  the  Islands  in  its  interior  and  adja- 
cent waters,  prompted  more  liberal  and  extensive  pro- 
visions for  its  settlement  under  a  second  and  separate 
charter  to  the  proprietors  of  the  company.  The  still 
more  astounding  development  of  its  capacities,  its 
bays,  its  rivers,  its  soil,  its  population  and  productions, 
which  followed  this  charter,  made  it  an  object  of  more 
enlarged  enterprise  and  ambition,  and  secured  for  it  a 
proprietary  government  under  a  third  charter,  ac- 
companied with  all  the  paraphernalia  and  the  applian- 
ces of  an  effective  political  organization.  Having  ac- 
complished the  purposes  of  commercial  enterprise  and 
political  adventure,  and  made  .  its  vast  regions  capable 
of  becoming  permanently  tributary  to  the  revenues  of 
a  crown  and  the  glory  of  a  mighty  empire,  it  be- 
comes the  acknowledged  offspring,  and  is  made  the 
special  care  of  royalty. 

Being  thus  made  a  royal  colony,  her  chief  officers  The  royal- 
assumed  all  the  pomp,  the  circumstance  and  the  insig- adminis" 
nia  of  royalty.     The  salary  of  the  governor  was  fixed  ^ration, 
by  an  allowance  from   the  crown.     He  was  provided 
with  a  body  of  attendants  consisting  of  "five  or  six 
sufficient  men,"  who  were  maintained  "on  purpose"  to 
wait  on  his  person,  and  to  do  his  bidding.     The  mem- 
bers of  the  state  council,  also,  receiving  their  commis- 
sions directly  from  the  crown,  and  feeling  that   they 
were  but  another  peerage,  adopted  a  loftier  bearing, 
and  a  more  sumptuous  style  of  living;  while  the  bur- 
gesses were  not  unaffected  by  a  like  pride  of  place  and 
association.     Hence  the  colony  of  Virginia  early  be-HermoQ- 
came,  in  its  essential  characteristics  and  appliances  of  fea|||re] 
government,  a  miniature  exhibition  of  the  monarchical 
elements  in  the  constitution  of  the  mother  country. 
Year  after  year  she  avowed  by  her  acts  tlie  supremacy 
of  the  crown,  recognized  the  authority  of  the  estab- 
lished church,  and  submitted  to  the  jurisdiction  of  parlia- 


122  THE   GOVERNMENTAL   HISTORY   OP 

Part  I.  Virginia, 

Virginia  a  meiit,  shadowiiig  fortli  no  principles  which  would  prob- 
ny,  1625     ^^Ij  have  led  to  a  separation  from  the  parent  state, 
to  1651.     ija^(i  giie  never  been  affected  by  the  spirit  which  planted 
and  reared  the  northern  or   New  England  colonies. 
The  latter  "within  a  few  years  of  their  plantation  mani- 
fested the  same  spirit,  and  vindicated  the  same  rights, 
which  a  century  and  a  half  afterwards  produced  a  refii- 
*  Bissett's  sal  of  British  taxation,  and  independence  on  the  British 

England, 

vol.1.       crown.    * 

The  con-        There  was  one  feature,  however,  in  the  organization 
eiementln  ^^  ^^^^  government  in  Virginia,  which  kept  it  near  to 
her  poiiti-  the  people  and  always  conserved  their  rights  and  free- 
ism.  '^^^^    dom.     That  was,  the  representative  branch  of  her  gen- 
eral assembly,  which  was  now  too  well  established  as 
an  organic  element  of  administration  ever  to  be  dis- 
turbed with  impunity.     Indeed  the  guarantee  of  her 
future  freedom  consisted  mainly  in  the  fact  that  she 
regarded  her  general  assembly  as  her  parliament,  and 
the  powers  which  parliament  claimed  to   exercise  in 
England  she  claimed  to  exercise  through  her  legisla- 
ture in  the  colony. 
Re-district-     In  the  year  1634  the  whole  colony  was  distributed 
Cdonv*  ^  ^^  ^"^"^  eight  shires,  "to  be  governed  as  the  Shires  in 
1634.         England."     The  names  of  the  shires  were,  James-Cilty, 
Henrico,  Charles- Cittp,  Elizabeth- Citty,  Warwick- River ^ 
WarrosquoykCy  Charles-River,  and  Accomack: 

Lieutenants  were  appointed  in  each  shire  the  same 

"  as  in  England,  and  in  a  more  special  manner  to  take 

"care  of  the  war  with  the  Indians:  And  as  in  England, 

'■^shireiffs  shall  be  elected  to  have  the  same  power  as 

"  there ;  and  sergeants,  and  bailiffs,  where  need  requires. 

"  Commissioners,  instead  of  £b  causes,  may  determine 

Shire  or     "  XIO  causes:   And  one  of  the  council  to  have  notice 

Courts.      "and  assist  in  each  court  of  shire." 

Sir  John        Sir  Johii  Harvcy,  at  this  time  the  royal  governor  of 

Governor  ^i^'giiiiiij  "^^s  a  man  of  a  rapacious  and  tyrannical 

spirit,  who  ruled  over  the  colony  with  the  overbearing 

"insolence  of  office;"  and  in  the  oppressive  exercise  of 


THE   UNITED   STATES   OF   AMERICA.  123 

DURING    THE    REIGN    OF    CHARLES    I.  1'aIIT    J. 

his  princely  prerogatives  of  power.     He  invaded  the  Virginia  a 
right  of  property  and  embarrassed  the  trade  of  the  colony  ^^y•  ^^.^g  °' 
by  arbitrary  restrictions  imposed  in  the  shape  of  procla-^o  i65i. 
mations.     For  several  years,  out  of  respect  to  his  com-  istraUon"^* 
mission,  they  submitted  to  his  administration ;  but  their 
loyalty  being  taxed  beyond  the  limit  of  endurance  he 
was  at  length  "thrust  out  of  his  govcrnmeut."     "On Deposed 
the    petition   of  many   inhabitants,  an   assembly  was  ^^^'^     ' 
called  to  meet  on  the  seventh  of  May"  following,  "to 
receive  complaints  against  him."     The  result  was  that 
he  was  convicted  of  mal-administration,  sent  a  prisoner 
to  England ;  and  "  Capt.  John  West  was  appointed  to  Capt.  Joha 
act  as  governor  until  the  King's  pleasure  be  known."    Go^v^ernor.^ 

So  summary  and  independent  a  method  of  redressing 
their  grievances,  was  revolting  to  Charles'  ideas  of  the 
homage  and  submission  which  were  due  from  his  sub- 
jects.    He  regarded  it  as  a  dangerous  act  of  rebellion.  Sir  John 
and  Sir  John  Harvey  was  sent  back  to  resume  his  j^g[.[j^g^j  ^^' 
administration,  with  powers  less  limited  and  enlarged  the  King. 
prerogatives. 

We  are  now  approaching  a  period  in  the  history  of 
the  mother  country  when  the  more  active  development 
of  the  political  elements  of  freedom  embraced  in  the 
protestantism  of  the  refornlation,  interested  and  agita- prorrrcsa 
ted  all  classes  and  conditions  of  men.     The  more  zeal- ^^  ^™'^?^'" 

autism  la 

ous  of  the  Puritans  had  planted  a  colony  on  the  inclem-  England. 
ent  sliores  of  New  England,  which  had  become  at  once 
a  permanent  and  flourishing  settlement,  while  their 
sentiments  were  attracting  the  attention  of  aspirants 
after  power  and  preferment,  both  in  the  church  and 
state  at  home.     I  shall  have  occasion  more  fully  to 
refer  to  this  condition  of  things  in  the  parent  kingdom, 
when  I  come  to  the  Second  Part  of  this  work.     Suffice  See  Part 
it  here  to  say,  that  the  strifes  it  originated  enhanced    * 
the  domestic  troubles  which  now  seemed  to  be  gather- 
ing around  Charles  I.,  leaving  him  but  little  leisure  to  ^p^n  t^^e 
interest  himself  in  the  administration  of  afifairs  either '-'o'?"''-*! 

policy  of 

ni  V  irginia  or  New  England.     It  made  mm  also  appro- the  (Jro-. 


124 


THE  GOVERNMENTAL    HISTORY   OF 


Part  I. 


VIRGINIA, 


Virginia  a 
Royal  Colo- 
ny, 1625 
to  1G51. 


Sir  Wil- 
liam Berke- 
ley appoin- 
ted Gov- 
ernor, 
1640. 


Attempt 
of  the 
London 
Co.  to  re- 
vive its 
Charter, 
1642. 


Remon- 
strance 
against  the 
London 
Company, 
1642. 


Preamble. 


hcnsive  lest  the  grievances  complained  of  in  America 
might  reach  the  ear  of  parliament  and  the  nation,  and 
thus  increase  the  discontent  and  hostility  which  his 
home-administration  had  already  generated.  He  ac- 
cordingly adopted  a  more  lenient  policy,  and  appointed 
Sir  William  Berkeley,  a  man  of  superior  worth  and 
endowments,  of  mild  and  engaging  manners,  governor 
of  Virginia.  The  new  governor  was  directed  to  pro- 
claim that  in  all  its  concerns  the  colony  should  he  gov- 
erned according  to  the  laws  of  England.  He  was  also 
authorized  to  continue  the  general  assembly,  and  to 
erect  and  establish  courts  of  justice  where  not  already 
established,  or  wlierever  needed  or  desired.  His  com- 
mission was  simply  a  confirmation  of  the  existing  organi- 
zation of  the  colonial  government. 

It  had  been  usual  for  the  colony  of  Virginia,  from 
the  time  of  the  dissolution  of  the  London  company, 
to  have  an  agent  resident  in  London,  near  the  royal 
court,  to  represent  its  interests  and  look  after  its  com- 
mercial as  well  as  its  diplomatic  affairs.  An  effort  was 
made  at  this  period,  by  the  proprietors  of  the  late 
company,  through  the  medium  of  this  agency,  to  revive 
the  charters  of  James  I.  and  restore  the  colony  of  Vir- 
ginia to  the  proprietorship  of  the  first  corporation. 
This  drew  from  the  grand  assembly  of  the  colony  a 
very  interesting  and  important  document  in  the  shape 
of  a  remonstrance,  which  was  sent  to  the  crown,  and 
here  becomes  a  material  part  of  our  governmental  his- 
tory.    I  set  it  forth  entire ;  it  was  entitled — 

"  The  Declaration  against  the  company,  to  be  entered 
as  the  Twenty-First  Act. 

"  To  all  christian  people  to  whom  these  presents  shall 
come  to  be  read,  heard,  or  understood.  We,  the  gov- 
ernor, council  and  burgesses  of  the  grand  assembly  in 
Virginia,  send  greeting;  in  our  Lord  God  everlasting: 
Whereas  George  Saudis,  Esq.,  being  appointed  agent 
for  the  colony  by  an  assembly  1G39,  liath  exhibited  a 
petition,  in  the  name  of  the  adventurers  and  planters 


THE   UNITED   STATES   OF   AMERICA.  125 

DCRING    THE    REIGN    CF    CHARLES    I.  PaRT    I. 

ill  Virginia,  to  the  Honorable  House  of  Commons  in  Vitfrinia  a 
parliament  in  England,  for  the  restoring  of  the  letters  nj/jg^s" 
pattcnts  of  incorporation  to  the  late  Treasurer  and  Com-^o  I65i. 
pany — mistaking  his  advice  and  instructions  from  thCgf^."""' 
said  assembly ;    for  his   so  doing  it  being  neither  the  ^^-y  1642. 
meaning  nor  intent  of  the  said  assembly,  or  inhabitants 
here,  for  to  give  way  for  the  introducing  of  the  said 
company,  or  any  other.      To   which    intent  and  pur- 
pose  this  grand    assembly,  having   fully  debated  and 
maturely  considered  the  reasons  on  both  sides,  as  well 
arguing  for,  as  against,  a  company;  and  looking  back 
into  the  condition  of  the  times  under  the  company,  as 
also  upon  the  present    state  of  the  colony  under  his 
majesty's  government,  they  find  the  late  company  in 
their  government  intolerable,  the  present  comparatively 
ha})py,  and  that  the  old  corporation  cannot  with  any  Its  rostora- 
possibility  be  again  introduced  without  absolute  ruino""™^'^^ 
and  dissolution  to  the  colony  for  these  reasons  follow- colony, 
ing,  viz: 

"  First.  The  intolerable  calamity  of  the  colony  we 
find  proved  by  many  illegal  proceedings,  and  barbarous 
torments  inflicted  upon  divers  of  his  majesty's  subjects, 
in  the  time  of  the  said  company's  government ;  all 
which  appear  per  depositions  taken  at  a  grand  asscmljly 
Anno  1632,  and  is  known  to  divers  now  living  in  the 
colony. 

"  Also  we  find  the  whole  trade  of  the  colony,  to  the  Oppress- 
gcneral  grievance  and  complaint  of  the  inhabitants,  ^"^  ^^  ^^^ 
then  and  now,  appearing  to  us  monojwlized  by  the  said 
company,  insomuch  that  upon  the  going  home  of  any 
person  for  his  country  it  was  not  free  for  him  to  carry 
with  him  the  fruits  of  his  labour  for  his  own  comfort 
and  relief,  but  was  forced  to  bring  it  to  the  magazine 
of  the  company,  and  there  to  exchange  it  for  useless 
and  unprofitable  wares. 

2dly.  The  present  happiness  is  exemplified  to  us  by  ^^tH^^f 
the  freedom  of  yearly  assemblies,  warranted  unto  us  tiioir  reia- 
by  his  majesty's  gracious  instructions,  and  the  legal  tl^^^^vown. 


123  THE   GOVERNMENTAL    HISTORY   OP 

Part  I.  Virginia, 

Virginia  a  trial  for  jiirics  ill  all  criminal  and  civil  causes  where 
ony  1625  it  sliall  bc  demanded.  And  above  all  by  his  majesty's 
to  1C51.  pQyjxi  encouragement  unto  us,  upon  all  occasions,  to 
Remon-  address  ourselves  unto  him,  by  our  humble  petitions, 
A^^'^^ioka  '"^^^i^l^  doth  so  much  distinguish  oiir  happiness  froni 

that  of  the  former  times  that  private  letters  to  friends 

were  rarely  admitted  passage. 

"  To  the  Third,  (reason)  for  introducing  the  old  cor-. 

poration  without  ruin  and  dissolution  to  the  colony  at 

present,  as  a  thing  not  possible,  we  conceive  we  have 

these  just  grounds. 
Right  of        u  ]^g^_  There  can  be  no  right  or  property  introduced 

property  '^  r      i-        j 

how  aftect- for  them,  without  proving  the  illegality  of  the  King's 
^  ^  "■  proceeding,  so  that  all  grants  since,  iipon  such  a  foun- 
dation, must  of  consequence  be  void  and  tending  to 
displeasure.  We,  the  present  planters,  enjoy  our  lands 
by  immediate  grant  from  his  majesty,  if  (as  it  is  argued 
in  their  petition)  the  king  had  no  power  to  grant,  our 
possessions  must  give  place  to  their  claim,  which  is  one 
invincible  argument  (as  we  conceive)  of  the  ruin  and 
dissolution  to  the  colony  at  present.  When,  if  their 
pretences  take  place,  we  must  be  ousted  of  all. 
Distinc-         <■<■  And  whereas  it  is  alledged  that   the  charter  of 

tions  made  ° 

between  orders  from  the  Treasurer  and  Company,  Anno  1618, 
adventur-  gj^^g  ^g  dajjn  and  right,  to  be  members  of  the  corpo- 
ration quatenus  planters ;  we  find  the  company  by  the 
said  charter,  where  members  being  planters  and  adven- 
turers are  considered  by  themselves,  and  distinguished 
in  privileges  from  planters  and  adventurers  not  being 
members ;  and  we  further  find  ourselves  (being  the 
king's  grantees)  in  the  said  charter  condemned,  the 
clause  plainly  pronouncing  in  these  words — (we  do 
ordaine  that  all  such  persons  that  of  their  own  volun- 
tary will  and  authority  shall  remove  into  Virginia, 
without  any  grant  from  us  in  a  great  and  General 
Quarter  Court,  in  writing  under  our  seals,  shall  be 
deemed,  as  they  are,  occupiers  of  our  land,  that  is  to 
say  of  the  common  iand  of  us  the  said  Treasurer  and 


THE   UNITED    STATES   OP   AMERICA.  127 

DUUINQ    THE    REIGN    OF    CH4RLES    I.  PaKT    I. 

Company ;')  much  more  such  e;rantees  as  have  their  Virginia  a 
right  from  au  erroneous  judgment,  as  they  pretend.       ony,  1625 

2c////.    That  if  the  company  be  renewed,  by  which  *"  ^''^^• 
means  they,  as  aforesaid,  have  leave  and  the  strength  strancc, 
of  their  own  charter  of  orders,  publicly  in  this  colony  ^^-^  i^^2. 
to  displant  iis ;  the  wiser  world  we  hope  will  excuse  us 
if  we  be  wary  to  part  with  what  (next  our  lives)  near- 
est concerns  us,  (which  are  our  estates,  being  the  live- 
lihood of  ourselves,  wives  and  children,)  to  the  curtesy 
and  will  of   such   task-masters  from  whom  we  have 
already  experimented  so  much  oppression. 

2dli/.  We  may  not  admit  of  so  unnatural  a  distance 
as  a  company  will  interpose  between  his  sacred  maj- 
esty and  us,  his  subjects,  from  whose  immediate  pro- 
tection we  have  received  so  many  royal  favors  and  iTpon  their 
gracious  blessings.     For  by  such  admission  with'the 

1st.  We  shall  degenerate  from  the  condition  of  our  Crown, 
birth,  being  naturalized  under  a  monai'chial  govern- 
ment, and  not  a  popular  and  tumultuary  government, 
depending  upon  the  greatest  number  of  votes  of  per- 
sons of  several  humors  and  dispositions,  as  this  of  a 
company  must  be  granted  to  be ;  from  whose  general 
quarter  courts  all  laws  binding  the  planters  here,  did 
and  would  issue. 

"  2dly.  We  cannot,  without  breach  of  natural  duty  ^^^^ct 
and  religion,  give  up  and  resign  the  lands  which  we  tenure  of 
had  granted,  and  hold,  from  the  king,  upon  certain  ^^"'^^* 
annual  rents  (fitter  as  wc  humbly  conceive,  if  his  maj- 
esty shall  so  please,  for  a  branch  of  his  own  royal  stem, 
than  for  a  company)  to  the  claim  of  a  corporation ; 
for  besides  our  births,  our  possessions  enjoin  us  as  a 
fealty  without  a  salva  fide  aliis  dominis. 

"  We  conceive  by  admission  to  a  company,  the  free- Its  effect 
dom  of  our  trade  (which  is  the  blood  and  life  of  a  "rade. 
commonwealth)  is  impeached ;  for  they  who  witli  most 
secret  reservation,  and  most  subtilty  argue  for  a  com- 
pany, tho'  they  pretend  to  submit  the  government  to 
the  king,  yet  they  preserve  to  the  corporation  propriety 


128  THE   GOVERNMENTAL    HISTORY   OF 

Part  I.  Virginia, 

Virginia  a  to  the  land,  and  power  of  manaoreins;  the  trade,  which 

Royal  Col-  .  .  ^ 

ony,  1625  word  manageuig,  in  any  sense  taken,  we  can  no  ways 
to  1C51.     interpret,   than    a    convertible    to    monopolizing,   for 
etrance,      whether  in  this  sense,  that  all  the  commodities  raised 
&c.,  1642.  in  the  colony  shall  be  parted  with,  exchanged,  or  vended 
at  such  rates  and  prizes  as  they  shall  set  down  ;  or  such 
wares  and  merchandizes  as  they  shall  import,  or  be  dis- 
posed into  their  magazine,  or  such  bottoms  as  shall 
from  time  to  time  be  licensed  or  ordered  by  them ;  or 
whether  in  this  sense,  that  the  planters,  (may  part  with) 
Its  effect    only  such  commodities  and  in  such  proportions  as  by 
"P^"         advice  and  determination  of  their  quarter  courts  shall 
be  directed,  still  the  terms  and  conditions  of  the  plant- 
ers are  subjected  to  a  monopoly  that  is  to  their  sole 
guidance,  governing  and  manageing ;  with  what  reason 
we  leave  to  the  world  to  judge  :     For  though  we  sub- 
And  Colo-  mit  in  depth  of  judgment  and  understanding  to  such 
mal  free-    ^^  shall  sit  at  the  helm  there  ;  yet  it  is  very  possible, 
and  indeed  most  probable,  that  at  this  distance  wise 
men  may  mistake  ;  and  there  is  more  likelihood  that 
such  as  are  acquainted  with  the   clime  and  the  acci- 
dents thereof,  may,  upon  better  grounds,  prescribe  our 
advantages,  both  for  quantity  and  quality  of  commodi- 
ties ;  which  by  the  bounty  of  his  majesty  we  now  enjoy 
by  our  grand  assembly  ;  and  in  any  other  way  will  be 
destructive  unto  us  according  to  our  possession." 

"  Though  we  admit  the  pretence  that  the  government 
shall  be  made  good  to  the  king,  that  is,  that  the  king 
shall  nominate  and  appoint  the  governor — First,  we 
find  it  directly  besides  the  scope  of  the  part  which  in- 
sists  upon  restoring  the  company  in  all  formalities; 
Next,  wc  take  it  at  best  for  a  falicie  and  trap  not  of  ca- 
pacity enough  to  catch  men  with  eyes  and  foresiglit ; 
Govern-     for  Upon  a  supposition  that  a  governor  shall  be  named 
^^^l,^!     and  appointed  by  his  majesty,  yet  his  dependence  (so 
how  affect-  far  forth  as  continuing  or  displacing)  will,  by  reason  of 
ed  by  it.     ^j^^.^,   power   and   interest  in  great  men  there,  rest  in 
them ;  which  necessarily  brings  with  it  conformity  to 


THE   UNITED   STATES   OF   AMERICA.  129 

DURING    THE    REIGN    OF    CHARLES    I.  PaRT    I, 

tlieir  wills  in  whatsoever  shall  be  commanded,  which  Virginia  a 
how  pernicious  it  will  be  to  the  colony,  according  to  jj"^^*'^ 
our  assertion  in  this  head,  we  leave  to  the  ablest  judg- 1025-51. 
ments. 

"  We,  the  Governor,  Councel  and  Burgesses  of  thisKestora- 

,  111-         i    1         •    i.  •  tion  of  the 

present  grand  assembly,  having  taken  into  serious  con- company 
sideratiou  these,  and  many  other  dangerous  effects,  "o<^  <iesir- 
which  must  be  concometent  in  and  from  a  company  or 
corporation,  have  thought  fit  to  declare,  and  hereby  do 
declare,  from  ourselves  and  all  the  commonalty  of  this 
colony,  that  it  was  never  designed,  sought  after,  or  en- 
deavored to  be  sought  for,  either  directly  or  indirectly, 
by  the  consent  of  any  grand  assembly,  or  the  common 
consent  of  the  people  :  And  we  do  hereby  further  de- 
clare and  testifie  to  all  the  world,  that  we  will  never 
admit  the  restoring  of  the  said  company,  or  any  for  or 
in  their  behalfs,  saving  to  ourselves  herein  a  most  faith- 
ful and  loyal  obedience  to  his  sacred  majesty,  our  dread 
soveraine,  whose  royal  and  gracious  protection,  and 
allowance,  and  maintenance  of  this  our  just  declara- 
tion and  protestation,  we  doubt  not,  according  to  his 
accustomed  clemency  and  benignity  to  his  subjects,  to 
find. 

"^«c?  we  do  further  enact,  and  be  it  hereby  enacted^^^^^^J ^^^ 
and  manifested  per  authority  aforesaid,  that  what  person  its  restora- 
or  persons  soever  either  is,  or  hereafter  shall,  by  any*'°'^- 
way  or  meai>s,  either  directly  or  indirectly,  to  sue  for, 
advise,  assist,  abet,  countenance,  or  contrive  the  reduc- 
ing of  this  colony  to  a  company  or  corporation,  or  to 
introduce  a  contract  or  monopoly  upon  our  persons, 
lands  or  commodities,  upon  due  proof  or  conviction  of 
any  of  the  premises  (to  wit)  by  going  about  by  any 
way  or  means  to  sue  for,  advise,  assist,  abet,  counte- 
nance or  contrive,  the  reducing  this  colony  to  a  com- 
pany or  corporation  ;  or  to  introduce  a  contract  or  mo- 
nopoly as  aforesaid  ;  upon  due  conviction  as  aforesaid 
shall  be  held  and  deemed  an  enemy  to  the  colony  and 
shall  forfeit  his  or  their  whole  estate,  or  estates,  that 
9 


130 


THE   GOVERNMENTAL   HISTORY   OP 


Part  I. 


Virginia  a 
Eoyal 
Colony 
1625-51. 
!Force  and 
extent  of 
the  Act. 


This  act 
not  to 
terminate 
the  Assem- 
bly. 


Continu- 
ance and 
adjourn- 
ment. 


shall  be  found  within  the  limits  of  the  colony,  the  one- 
half  shall  become  to  public  uses,  the  other  moiety  or" 
half  to  the  informer.  Tliis  act  to  be  in  force,  and  the 
penalty  therein  contained,  to  extend  to  all  the  adven- 
turers and  planters  now  residing  in  the  colony,  upon 
the  publication  at  James  Citty :  and  to  all  adventurers 
and  planters  now  in  England  or  elsewhere  out  of  the 
limits  of  the  colony,  within  five  days  after  the  arrival 
of  this  our  said  declaration,  protestation  and  act,  with- 
in the  kingdom  of  England  :  Signed  under  our  hands, 
and  sealed  with  our  seal  of  the  colony,  at  James  Citty, 
the  first  day  of  April,  in  the  year  of  our  Lord  1642, 
and  in  the  eighteenth  year  of  the  reign  of  our  sove- 
rainc  Lord  Charles  over  England,  &c. 

"  The  Governor^  Councel  and  Burgesses  of  this  pres- 
ent grand  assembly,  taking  into  serious  consideration 
the  many  and  weighty  business  begun  in  this  present 
grand  assembly,  and  which  yet  do  remain  unfinished, 
and  to  prevent  all  doubts  whether  the  passing  of  the 
acts  already  agreed  upon  will  not  be  a  determination 
of  this  assembly,  do  hereby  enact,  and  hy  the  authority 
of  this  present  grand  assembly,  be  it  enacted,  that  not- 
withstanding the  passing  and  enacting  of  divers  acts 
already  agreed  upon,  this  present  assembly  shall  not  be 
determined,  but  that  it  be  adjourned  to  the  Thursday  in 
Whitsun-week,  being  the  second  day  of  June  next  com- 
ing, at  which  time  and  day  the  whole  body  of  this  pres- 
ent assembly,  consisting  of  the  governor,  council  and 
burgesses,  shall  repair  to  James  Citty,  then  and  there 
to  determine  and  finish  all  such  matters  as  shall  be 
found  necessary  to  be  concluded  and  enacted  whether 
in  matters  already  begun,  or  other  business  that  shall 
then  begin,  or  be  proposed,  that  may  redound  to  the 
glory  of  God,  the  honor  of  his  majesty,  and  the  good 
of  the    colony.     God  save  the  King. 

(Signed)   William  Berkeley,  etc." 

This  able  state  paper  which  was  signed  by  governor 
Berkeley,  the  members  of  the  council,  and  the  house  of 


THE   UNITED    STATES   OP   AMERICA.  131 

DURING    THE    REIGN    OF    CHARLES    I.  PaRT    I. 

burgesses,  gives  a  very  clear  idea  of  the  growth  and  Virginia  a 
prosperity  of  Virginia  after  she  became  a  royal  colony.  J^oiony 
A  summary  of  the  subsequent  action  of  the  assembly  1625-51. 
was  published  in  the  shape  of  a  proclamation,  which 
forms  an  interesting  record  in  her  governmental  his- 
tory.    It   was  the  first  time   in   her   colonial   experi- 
ence that  the  session  had  been  continued  by  a  special 
adjournment.     And  the  proclamation  to  which  I  refer 
was  prompted  by  a  desire    on   the  part  of  the   grand 
assembly  to  excuse  themselves   to  the  people,  as  well 
as  to  forestall  any  complaint  which   might   be   made 
against   such  a  protracted  session.     It   was   stiled    A 
remonstrance  of  the  grand  assembly,  and  proceeded  as 
follows : 

"  Whereas  the  natural  and  most  wished  effects  of  as-  Address 
semblies  may  summarily  be  comprehended  in  the  order-  g^j^bly  to^ 
ing  and  enacting  of  good  and  wholesome  laws,  and  rati-  ^^e  people, 
fying ;  and  relieving  of  such  disorders  and  grievances 
which  are  incident  to  all  states  and  republics,  in  which 
considerations  this  assembly  may  seem  to  have  declined 
and  swerved  from  those  true  intents  of  so  happy  con- 
stitutions, if  their  endeavors  and  declarations  be  appre- 
hended either  by  a  bare  view  of  the  laws,  few  in  num- 
ber, and  therefore  not  answering  the  expectation  of  a 
meeting  exceeding  customary  limits  of  time  in  this 
place  used,  or  by  comparing  the  payments  and  levies 
now  imposed  much  more  free,  in  respect  that  in  them 
the  grievance  of  the  inhabitants  were  principally  stated, 
"  It  is  therefore  thought  fit  by  them,  to  present  and 
remonstrate  to  the  colony  the  weighty  consequence  and 
benefits  redounding  thereto  by  their  late  consultations. 
First,  the  first  is  instanced  by  repealing  the  act  of 
four  pound  per  poll  yearly  to  the  governor,  wliich  is  a 
benefit  descending  unto  us  and  our  posterity,  which  we 
acknowledge  contributed  to  us  by  our  present  gov- 
ernor. 

Next,   by   abolishing   condemnations   and   censures  Acts  and 
(presidental  from  the  time  of  the  corporation)  of  the  Assembly. 


132  THE   GOVERNMENTAL   HISTORY   OF 

Part  I.  Virginia. 

Virginia  a  inhabitants  from  colonie's  service  ;  wherein  we  may  not 
Colony  likewise  silence  the  bountj  of  our  present  governor  in 
1625-51.  preferring  the  public  freedom  before  his  particular 
profit ;  in  which  act  also  we  may  pronounce  the  inhab- 
itants absolutely  to  have  recorded  the  birth-right  of 
their  mother  nation  ;  and  the  remains  of  the  late  com- 
pany's oppression  to  be  quite  extinguished. 

2>dly.  The  near  approach  which  we  have  made  to  the 
of  the  As-  laws  and  customs  of  England  in  proceedings  of  the 
\^%ll,  ^ourt,  and  trials  of  causes. 

1642.  4:thlij.  The  rules  and  formes  set  down  for  deciding  of 

differences  and  debates  concerning  titles  of  land,  and 
otherwise. 

bthly.  The  appropriating  and  accommodating  of  par- 
ishes with  metes  and  bounds  that  God  Almighty  may 
be  more  duly  served. 

Qthly.  The  treaties  and  overtures  with  the  governor 
*See  Part  of  the  province  of  Mariland,*  requiring  much  time  for 
maturing ;  and  very  successful  in  opening  a  trade  in 
the  bay  of  chessepiake. 

Ithly.  The  settling  of  peace  with  friendship  with  the 
Indians,  by  mutual  capitulation,  and  articles  agreed  and 
concluded  on  in  writing ;  by  many  messages  and  inter- 
ruptions lengthened. 

Stilly.  The  common  grievances  relieved  and  removed, 
in   asseasments,  proportioning  in  some  measure  pay- 
ments to  men's  abilities ;  and  estates  augmented  unto 
the  wealthier  sort  by  the  number  of  the    milk   kine ; 
Acts  and    ^^^^  ^^  ^^^^^  relief  afforded  to  the  poorer  sort  of  the  in- 
aims  of  the  habitants  ;  which  cause,  thro'  strangeness  thereof,  could 
■  not  but  require  much  time  of  controverting  and  de- 
bating. 

Wily.  Lastly,  the  gracious  inclination  of  his  majesty, 
ever  ready  to  our  protection,  and  now  more  particu- 
larly assured  to  us,  together  with  the  concurrence  of 
a  happy  parliament  in  England,  were  the  greater  mo- 
tives to  us  to  take  the  opportunity  of  establishing  our 
liberties  and  privileges,  and  settling  our  estates,  often 


THE   UNITED   STATES   OP   AMERICA.  133 

UCRING    THK    REIGN    OF    CHARLKS    I.  PaRT    I. 

heretofore  assaulted  and  threatened,  and  very  lately  Virginia  a 
invaded  by  the  late  corporation;  and  of  preventing (j^f^^y^ 
the  future  designs  of  monopolizers,  contractors,  and  1625-51. 
pre-emptors,  ever  hitherto  incessant  upon  us,  not  only 
bereaving  us  of  all  cheerfulness  and  alacrity,  but  usurp- 
ing the  benefit  and  disposition  of  our  labours  ;  And  we 
apprehended  no  time  could  be  misspent,  or  labour  mis- 
placed, in  gaining  a  firm  peace  to  ourselves  and  pos- 
terity, and  a  future  immunity  and  ease  from  taxes  and 
impositions ;  which  we  expect  to  be  the  fruits  of  our 
endeavors,  and  to  which  end  we  have  thought  it  sea- 
sonable for  us  liberally  and  freely  to  open  our  purses, 
not  doubting  but  all  well  affected  persons  will,  with  all 
zeal  and  good  affection  embrace  the  purchase,  and  pray 
to  Almighty  God  for  the  success. — Given  at  a  grand 
assembly,  at  James  Citty,  the  1st  of  July,  1642. 

(Signed)     William  Berkeley,  (Gov.) 


It   is   difficult   to   understand   the   allusion,  in  the  The 
closing  part  of  this  proclamation,  to  "the  concurrence       '^^^^* 
of  a  happy  parliament  in  England  with  the  gracious 
inclinations  of  his  majesty."     The  fact  is  well  authen- 
ticated in  history,  that,  in  this  same  year,  Charles  I. 
became    involved   in    a   controversy  with    parliament, 
which  was  the   commencement  of  a  civil  war,  which 
ended  in  bringing  his  neck  beneath  the  axe  of  the 
executioner.     This  condition  of  things  in  the   parent  pee 
state,  however,  did    not    so    materially   concern   the  ^'^'"'^ ^^• 
colony   of  Virginia,   as    it  did  the   colonies   of  New 
England.      The  political    organization   and   character- 
istics of  the  former,  and  all  the  sympathies  and  incli- 
nations  of   its  inhabitants,   were  so  akin  to   royalty, 
that  they  were  proud  to  proclaim  themselves  the  birth- 
right of  the  crown.     They  took  no  part  in  the  contro- 
versies which  now  agitated   the  parent  nation,  whilo 
they   were  careful   to   keep  themselves  true  in  their 
loyalty   and  relations  to  its  sovereignty.     As  long  as 
the   action  of  parliament  did  not  infringe  upon  tlie 


134  THE   GOVERNMENTAL    HISTORY   OP 

Part  I.  Virginia, 

Virginia  a  powcrs,  or  jurisdiction,  which  they  claimed  for  their 
cTon        ^^^^   grand   assembly,   they    left   it    for   those    more 
1625-51.    directly  interested  in  its  proceedings  to  question,  or 
to   war  with,  its  enactments.     The  majestic  coolness 
with    which    the    people '  contemplated    the    commo- 
tions in  the  mother  country  is  well  illustrated  by  an 
act  passed  by  the  assembly  while  the  civil  war  was  at 
its   heighth,  and   which   is   otherwise   important.      It 
recites : 
Provision       AcT  LXXIII.  "  Wlierctts,  through  the  unkind  differ- 
Governor   Gucc  HOW  ill  England,  it  may  with  great  reason  be 
^y,*^^?  ,      assured  to  the  most  sciniinilous,  that  the  severall  pen- 

Colonial  „  ,  .  .       . 

Assembly,  sioii  and  allowance  from  his  majestie  to  the  governour 
^Yg  •  of  this  place,  is  for  this  present  withdrawn  and  sus- 
pended ;  and  that  therefore,  for  the  sustentatioii  and 
support  of  the  honor  of  this  place  of  gov'r,  an  accom- 
modation from  the  plantation  in  clear  and  absolute 
terms  of  necessity,  is  required  and  enforced ;  Yet, 
nevertheless,  this  present  grand  assembly  together, 
with  an  eye  to  the  honor  of  the  place,  having  alsoe 
entered  into  a  deep  sense  and  consideration  of  the  duty 
and  trust  which  the  publique  votes  and  suffrages  have 
cast  upon  them ;  under  which  is  comprehended  the 
most  speciall  and  binding  obligation,  the  preservation 
of  the  rights  and  properties  of  the  people ;  to  which 
this  course  now  intended  may  seem  to  threaten  vio- 
lence, however  rather  innovated  in  the  manner  and 
circumstance  than  in  value  in  substance  ;  yet,  as  well 
for  silencing  of  pretences  as  for  answering  of  argu- 
ments of  weight;  It  is  thought  litt  hereby  to  declare, 
that  as  from  the  infancy  of  the  colony  there  was  never 
the  like  concurrence  and  pressure  of  affairs,  which 
they  likewise  hope  and  pray  to  Almighty  God  to  (avert) 
from  his  ma'tie,  and  his  ma'tie's  kingdoms ;  soe  they 
have  recorded  to  posterity,  with  this  ensuing  presedent 
Th'  A  ^^  accommodation  for  the  governour,  that,  the  afore- 
not  to  ope- said  instance  and  motives  removed,  they  will  never 
precedent.  7^^^^  ^^  Consent  to  receive  the  same.     This  present 


TUE   UNITED    STATES    OF  AMERICA.  135 

DURING    TUE    CIVIL    WAR    UNDER    CHARLES    I.  PaRT    I. 

grand     assembly    hath     heretofore   enacted    that   the  Virginia  a 
present  accommodation  shall  be  as  followeth,  (vizt.)  JJ^J'^'jJ 
That  there  be  Icavied  for  the  said  governour's  accom- 1 625-51. 
modation,  for  this   present    year   lG4o,  2  shillings   a 
head  for  evry  tithable  person  in  the  colony,  to  be  paid 
in  provisions  as  hereafter  mentioned,  at  these  rates, 
vizt.:  Indian  Corne  at  IO5.  per  barrcU,  2  barr.  of  ears  ^'^o^^'o'^ 

for  the 

to  one  of  corne ;  Wheat  at  45.  per  bushell :  Beifc  at  Governor 
dd.  l-2d.  pr.  pound.     Pork  at  M.  per  pound.     Good  Qoiolfiai 
henns  at  12d.     Capons  at   Is.  Qd.     Calves  at  G  weeks  Assembly, 
old,  255.     Butter  at  8^.  per    pound.     Good  weather 
goats  at  20s.     Piggs  to  roast,  at  3  weeks  old,  at  ds.  per 
pigg.     Cheese  at  6d.  per  pound.     Geese,  Turkeys,  and 
Kidds,  at  5s.  pr.  peece.     The  provision  for  corne  to  be 
levied  out  of  these    counties :    Henrico ;   North'Ton ; 
Eliza    Cittie ;    Lower    NorfF;    Vpper    NorfF;    Yorke, 
including   Peankhetank.      These   counties  to  pay  the 
other  provision :    Charles   Cittie ;    Ja.  Cittie ;   Isle  of 
"Wight,  and  Warwicke. 

"Ffor  collecting  hereof,  it  is  hereby  enacted  by  this  How  col- 
grand  assembly  that  upon  the  governour's  notice  of^^^***^* 
the  sevcrall  county  courts,  allowing  the  reasonable 
time,  that  they  leavie  the  said  severall  proportions,  alike 
proportionally  as  aforesaid  in  two  places  in  every  parish 
within  the  several  counties  respectively ;  And  the 
sheriff  of  the  severall  counties  with  the  assistance  of 
the  constables  of  the  limitts,  are  to  give  notice  to  the 
inhabitants,  after  the  said  provision  is  to  be  levied,  to 
bring  in  their  severall  proportions  to  the  said  severall 
places,  by  them  appointed  as  aforesaid.  And  in  case 
of  refusall,  to  distrain  upon  the  estates  of  such  who 
shall  be  delinquent  in  payment,  and  bringing  it  to  the 
aforesaid  places  for  satisfaction  thereof.  And  the  said 
sheriffs  after  such  collection  are  hereby  enabled  to  hire 
boats  and  men  to  bring  the  same  to  James  Cittie  to  the 
governour's.  And  their  severall  disbursements  and 
charges  therein  expended  to  be  putt  to  account,  and 


136  THE  GOVERNMENTAL   HISTORY   OP 

Part  I.  Virginia, 


Virginia  a  presented  to  the  next  general  assembly,  to  be  satisfied 

11%,     o^^t  of  the  levie." 

1625-61.  (Signed,)  "William  Berkeley. 


I  find  no  material  change  to  have  taken  place  in  the 

government  or  administration   of   the    affairs    of  the 

colony  during  the  subsequent  years  of  the  reign  of 

Charles  I.     In  the  year  1648  the  people  complained  to 

the  general  assembly  of  the  powers  exercised  by  the  gov- 

Military      ernor  and  council  in  pressing  soldiers  into  service  with- 

menTbv     ^^^^  ^^^^^  concurrent  action  on  the  part  of  the  burgesses. 

the  Gov'r,  Whereupon  it  was  declared  that  such  power  was  thus 

lawfully  exercised.    That  it  was  derived  to  the  governor 

and  council  under  their  commissions  and  instructions 

from  the  crown,  and  that  the  people  "ought  humbly  to 

acknowledge  his  majesty's  royal  care  of  his  subjects  in 

establishing  such  a  power  wherein  are  naturally  placed 

so  many  concernments  to  the  peace  and  safety  of  all 

*}■  ^^'    good  subjects,  many  accidents  not  admitting  delay  of 

utes,  355.  time  nor  those  slow  motions  of  great  counsells."* 

Execution       Charlcs  I.  was  executed  on  the  thirtictli  day  of  Jan- 

of  Charles  ^^jj^j.y    ^549   -when    parliament  assumed  and  exercised 

L,  and  es-  •'  '  '  ^ 

tabiish-  the  powers  of  government  under  "The  Common- 
'^The*'^  wealth."  They  were  shortly  after  wrested  from  it  by 
Common-  Oliver  Cromwell,  who  established  the  same  under  his 
own  protectorate.  The  political  effect  of  this  change 
of  affairs  in  the  mother  country,  so  far  as  it  concerned 
the  colonies  in  America,  was,  to  raise  a  question  as  to 
the  powers  of  the  governor  and  council,  and  of  all 
other  officers  appointed  by  them  under  their  com- 
SeePartlL  i^issions  from  the  crown.  It  was  eagerly  claimed  in 
New  England  that  the  abolition  of  the  regal  power  in 
the  parent  state  necessarily  extinguished  all  offices  and 
powers  created  under  its  prerogatives  in  America. 
Virginia  was  too  much  of  a  royal  colony,  and  too  loyal 
to  the  rights  of  monarchy,  to  permit  the  discussion. 
At  the  first  meeting  of  her  grand  assembly  after  she 
had  heard  of  the  fate  of  her  acknowledged  sovereign, 


THE  UNITED    STATES   OP   AMERICA.  It^l 

rpON    THE    EXECUTION    OF    CIlAKLEd    I.  I'aUT   I. 

she  was  careful  by  her  very  first  enactment  to  let  the  Viif^inia 
world  know  her  opinions  and  position.     It  is  but  justice  '^<o;o^*^ 
to  her  and  to  the  truth  of  history  to  give  her  declara^  I625-51. 
tions  in  her  own  words.     She  enacted  : 

"  Act  I.    Whereas,  divers  out  of  ignorance ;  others  Procoed- 
out  of  malice,  schism,  and  faction,  in  pursuance  of(^;*^,i,} 
some  desio-n  of  innovation  ;  may  be  presumed  to  pre-  -A^s«<?nibiy, 
pare  men  s  mmds  and  mcimations  to  entertame  a  good 
liking  of  their  contrivement,  by  casting  blemishes  of 
dishonor    upon    the    late    most   excellent,   and   now  Preamble 
undoubtedly  sainted  king ;    and  to  those  close  ends  j^^gj^ 
vindicating  and  attesting  the  late  proceedings  against 
the  said  blessed  king,  (though  by  so  much  as  they  Loyalty  to 
may  seem  to  have  color  of  law,  and  form  of  justice,   "'^"^'^  ^* 
they  may  be  truly  and  really  said  to  have  the  more 
and  greater  height    of   impudence) :    And  upon  this 
foundation  of  asserting  the  clearness  and  legality  of 
the  said  unparalleled  treasons  perpetrated  on  the  said 
king,  to  build  hopes  and  inferences  to  the  high  dis- 
honor of  the  royal  estate,  and  in  truth  to  the  utter 
disinherison  of  his  sacred  majesty  that  now  is,*  and  the  *  Charles 
divesting  him  of  those  rights,  which  the  law  of  nature    ' 
and  nations,  and  the  known  laws  of  the  kingdom  of 
England,  have  adjudged  inherent  to  his  royal  line ; 
and  the  Law  of  God  Himself  (if  sacred  writ  may  be 
so  stiled,  which  this  age  doth  loudly  call  in  question) 
hath  consecrated  unto  him  ;  And,  as  arguments  easily 
and  naturally  deduced  from  the  aforesaid  cursed  and 
destructive  principles,  with  much  endeavor  they  press 
and  persuade  the  power  of  the  commission  to  be  void 
and    null,    and    all    magistracy    and    office    thereon 
depending  to  have  lost  their  rigour  and  efficacy,  by 
such    means  assuredly  expecting  advantages  for   the 
accomplishment    of     their    lawless    and     tyrrannous 
intentions. 

"  Be  it  therefore  declared  and  enacted,  and  it  is  /'e/'^-tiie*e"ecu^ 
by  enacted,  by  the  Governor,  Councel  and  Burg-esses,  and^l^^  ^^ 
the  authority  of  the  same,  That  what  person  soever,  treason.  * 


138  THE   GOVERNMENTAL   HISTORY   OF 

Part  I.  Virginia, 

Virginia     whether  stranger  or  inhabitant  of  this  colony,  after  the 
Colony,      ^^^^  of  this  act,  by  reasoning,  discourse,  or  argument, 
1625-51.    shall  go  about  to  defend  or  maintain  the  late  traitorous 
proceedings  against  the  aforesaid  king  of  most  happy 
memory,  under  any  notion  of  law  and  justice,  such 
person   using   reasoning,  discourse,  or   argument,  or 
uttering  any  words  or  speeches  to  such  purpose  or  effect, 
and  being  proved  by  competent  witness,  shall  be  ad- 
judged accessory  post  factum  to  the  death  of  the  afore- 
said king,  and  shall  be  proceeded  against  for  the  same 
according  to  the  known  laws  of  England: 
Defaming       "  Or  wliocver  shall  go  about,  by  irreverent  or  scanda- 
King*!  how  lous  words  or  language,  to  blast  the  memory  and  honor 
punished.   Qf  i\^^i  i^tc  most  pious  king  (deserving  ever  altars  and 
monuments  in  the  hearts  of  all  good  men)  shall,  upon 
conviction,  suffer  such  censure  and  punishment  as  shall 
be  thought  fit  by  the  governor  and  council. 
To  doubt       "  And  be  it  further  enacted,  That  what  person  soever 
omlfries  ^^^^^\  t)y  words  or  speeches,  endeavor  to  insinuate  any 
II.  to  the   doubt,  scruple,  or  question,  of  or  concerning  the  un- 
h?grtrea"'  doubted  and  inherent  right  of  his  majesty,  that  now  is, 
^°"-  to  the  colony  of  Virginia,  and  all  other  his  majesty's 

dominions  and  countries,  as  king  and  supreme  gov- 
ernor, such  words  and  speeches  shall  be  adjudged  High 
Treason. 
To  propose  "  And  it  IS  also  enacted,  That  what  person  soever,  by 
of'^Goveni- false  reports  and  malicious  rumors,  shall  spread  abroad 
ment,  high  among  the  people,  any  thing  tending  to  change  of  gov- 
ernment, or  the  lessening  the  power  and  authority  of 
the  governor  or  government,  either  in  civil  or  eccle- 
siastical causes,  (which  this  assembly  hath  and  doth 
declare  to  be  full  and  pleanarie  to  all  intents  and  pur- 
poses,) such  persons  not  onely  the  authors  of  such 
reports  and  rumors,  but  the  reporters  and  divulgers 
thereof  (unless  it  be  done  by  way  of  legal  information 
before  a  magistrate,)  shall  be  adjudged  equally  guilty ; 
and  shall  suffer  such  punishment  even  to  severity  as 


THE   UNITED   STATES   OP   AMERICA.  139 

AND    THK    COMMONWKALTH.  I'aUT    I. 

shall  be  thought  fitt,  according  to  the  nature  and  quality 

of  the  offence."*  *i.  Iien- 

Thcse  proceedings  on  the  part  of  the  colony  of  Vir-utes/^soo. " 
ginia,  were  met  by  an  ordinance  of  parliament  wherein 
it  was  declared,  "  that  the  colonies  of  America  were, 
and  ought  to  be,  subordinate  to,  and  dependent  on,  the 
Commonwealth  of  England,  and  subject  to  such  laws 
and  regulations  as  were,  or  should  be,  made  by  parlia- 
ment— that  in  Virginia,  and  other  places,*  the  powers  *  Mary- 
of  government  had  been  usurped  by  persons  who  had  p^j^^,  jj/ 
set  themselves  up  in  opposition  to  the  Commonwealth." 

They  were  therefore  denounced  as  rebels  and  traitors, 
and  all  foreign  vessels  were  forbidden  to  enter  any  of 
her  ports.     Commissioners  were  sent  over  with  a  fleet  Commis- 
to  enforce  submission  to  the  ruling  administration  in  ParHa- 
England.     This  convoy  arrived  at   the  mouth  of  the  "'ent  sent 
Chesapeake  Bay  early  in  the  year  1G51,  where  theyginiu. 
were  met  by  a  large  number  of  the  people  headed  by 
Governor  Berkeley,  who  offered  a  stout  resistance  to 
their  entrance  into  the  bay.      They  were  eventvially 
obliged,  however,  to  yield  to  the  superior  force  of  the 
fleet  of  the  commissioners  and  an  amnesty  was  arranged. 
The  colonial  government  at  length  surrendered,  and  the  She  sub- 
royal  colony  of  Virginia  agreed  to  remain  thenceforth  'A"**  ^°  *^® 
"in  due  obedience  and  subjection  to  the  common-wealth  wealth. 
of  England,"  under  the  following  compact,  viz: 

"Articles  at  The  Surrender  op  the  Countrie.  Articles  of 
Articles  agreed  on  and  concluded  at  James  Cittie  in  Vir-  -^^i^ 
ginia  for  the  surrendering  and  settling  of  that  planta- 
tion under  the  obedience  of  the  Common-Wealth  of 
England^  by  the  commissioners  of  the  Councell  of 
State,  by  authoritie  of  the  Parliament  of  England 
and  by  the  Grand  Assemblie  of  the  Governonr,  Conn- 
cell  and  Burgesses  of  that  countrey. 

First.  It  is  agreed  and  cons' ted  that  the  plantation  The  aub- 
of  Virginia,  and  all  the  inhabitants  thereof,  shall  be  ""ssion. 
and  rcmaine  in  due  obedience  and  subjection  to  the 


140  THE   GOVERNMENTAL   HISTORY   OP 

Part  I.  Virginia, 

Articles  of  commouwcalth  of  England,  according  to  the  laws  there 
icsh'^  '^''  established:  And  that  this  submission  and  subscription 
be  acknowledged  a  voluntary  act,  not  forced  nor  con- 
strained by  a  conquest  upon  the  countrey,  And  that 
they  shall  have  and  enjoy  such  freedomcs  and  privelidgcs 
as  belong  to  the  free-borne  people  of  England ;  and  that 
the  former  government  by  the  commissions  and  instruc- 
tions be  void  and  null. 
Powers  of      Iclbj.  Secondly,   that   the   grand   assembly,    as   for- 

the  Grand  jyierly  shall  convcnc  and  transact  the  affairs  of  Virginia, 
Assembly.  "  ,  .        ,  . 

wherein  nothing  is  to  be  acted  or  done  contrarie  to  the 

government  of  the  commonwealth  of  England,  and  the 

lawes  there  established. 

Pardon  of       Mly.  That  there  shall  be  a  full  and  totall  remission 

past  oflfen-  ^^-^^  indcmnitie  of  all  acts,  words,  or  writeings,  done  or 
ces.  '  '  ~   ' 

spoken,  against  the  parliament  of  England  in  relation 
to  the  same. 
Limits  of        Atkly.  That  Virginia  shall  have  and  enjoy  the  antient 
the  Colony.  |jQyj-^(jg  and  lymitts  granted  by  the  charters  of  tlie  for- 
mer kings ;  And  that  we  shall  seek  a  new  charter  from 
the  parliament  to  that  purj)osc  against  any  that  have 
intrenched  upon  the  rights  thereof. 
Confirma-       bthly.  That  all  the  pattents  of  land  granted  under 
Patents.     *^^^  coUony  scale,  by  any  of  the  precedent  governours, 

shall  be  and  remaine  in  their  full  force  and  strength. 
Privilege        Qthly.  That  the  privilidge  of  liaveing  ffiftie  acres  of 
ofsoacres.  jjj^j,^^  for  cvcry  person  transported  in  the  colony  shall 

continue  as  formerly  granted. 
Free  trade.  Itklij.  That  the  people  of  Virginia  have  free  trade  as 
the  people  of  England  do  enjoy,  to  all  places  and  with 
all  nations  according  to  the  laws  of  that  commonwealth ; 
And  that  Virginia  shall  enjoy  all  privilcdges  equall  with 
any  English  plantations  in  America. 
Taxes.  ^thJy.  That  Virginia  shall  be  free  from  all  taxes,  cus- 

tomes,  and  impositions  whatsoever,  and  none  to  be  im- 
posed on  them  without  consent  of  the  grand  assembly; 
And  soe  that  neither  ffortes  nor  castles  bee  erected,  or 
garrisons  maintained  without  their  consent. 


THE   UNITED    STATES   OF   AMERICA.  141 

>ii:i(KKNDERS    TO    THE    COMMONWEALTH.  PaRT   L 

Wily.  That  iioe  charge  shall  be  required  from  the  Articles  of 
country  in  respect  of  this  present  fleet.  iS!"'*'"^' 

lOt/ili/.  That  for  the  future  settlement  of  the  country  Engage- 
in  their  due  obedience,  the  engagement  shall  be  ten- ^"jj"l  "'^ 
dcrcd  to  all  the  inhabitants  according  to  act  of  parlia- 
ment made  to  that  purpose,  that  all  persons  who  shall 
refuse  to  subscribe  the  said  engagement,  shall  have  a 
yeare's  time  if  they  please  to  remove  themselves  and 
their  estates  out  of  Virginia,  and  in  the  mean  time 
during  the  said  yeare  to  have  equall  justice  as  formerly. 

IV/ili/.  Tliat  the  use  of  the  booke  of  common  prayer  Book  of 
shall  be  permitted  for  one  yeare  ensuinge  with  ^'efer- p^^™°'^ 
rence  to  the  consent  of  the  major  part  of  the  parishes 
Provided  that  those  things  which  relate  to  kingshipp 
or  that  government,  be  not  used  publiquely:     And  the 
continuance  of  ministers  in  their  places,  they  not  mis- Ministers, 
demeaning   themselves;    And   the   payment   of    their 
accustomed   dues,  and  agreements   made   Avith   them 
respectively,  shall  be  left  as  they  now  stand  dureing 
this  ensuinge  yeare. 

12thly.  That  no  man's  cattell  shall  be  questioned  as  Cattle, 
the  companies,  unles  such  as  have  been  entrusted  with 
them  or  have  disposed  of  them  without  order. 

lothly.  That  all  ammunition,  powder  and  arms,  other  Arms,  &c. 
than  for  private  use,  shall  be  delivered  up ;  securitie 
being  given  to  make  satisfaction  for  it. 

l^thljj.  That  all  goods  alreadie  brought  hither  by  the  Goods  free 
Dutch,  or  others,  which  are  now  on  shear  shall  be  free  y^j!^™  ^*^'^' 
from  surprizall. 

Ibthhj.  That  the  quittrents  granted  unto  us  by  the  QuitRenta. 
late  kinge  for  seaven  yeares  bee  confirmed. 

IGthly.  That  the  commissioners  for  the  parliament  Mutual 
subscribing  these  articles  engage  themselves  and  the^^^^" 
honor  of  the  parliament  for  the  full  performance  there- 
of:    And  that  the  present  governour  and  the  councill 
and  the*  burgesses  do  likewise  subscribe  and  engage  the 
whole  collonie  on  their  parts.      Rich  :  Bennett,     seal. 

Wm.  Claiborne,     seal. 
Edjiund  Curtis,    seal. 


142 


THE   GOVERNMENTAL   HISTORY   OF 


Part  I. 


VIRGINIA 


Articles  of 
Surrender, 
1651. 


Articles 
with  the 
Gov.  and 
Council. 


Oath  of  al- 
legiance. 


May  speak' 
well  of  the 
king. 

Bearer,  of 
dispatches 
to  Charles 
II. 


Gov.  &c., 
may  move 
away. 


To  have 
justice. 


And  secu- 
rity of 
property. 

The  gov- 
ernor's 
dues,  &c. 


May  leave 
for  Hol- 
land or 
England. 


"  These  articles  were  signed  and  sealed  by  the  commis- 
sioners of  the  councill  of  state  for  the  Commonwealth 
of  England,  on  the  twelfth  day  of  March,  1651. 


Articles  for  the  Surrendring  of  Virginia  to  the  Sub- 
jection of  the  Parliament  of  the  Commonivealth  of  Eng- 
land, agreed  vppon  by  the  Honorable  the  Commissioners 
for  the  Parliament  and  the  Hon^ble  the  Governour  and 
Councill  of  State. 

First.  That  neither  governour  nor  councill  shall  be 
obliged  to  take  any  oath  or  engagementt  to  The  Com- 
monwealth of  England  for  one  whole  yeare.  And  that 
neither  governour  nor  council  be  censured  for  praying 
for,  or  speaking  well  of  the  king,  for  one  whole  year, 
in  their  private  houses,  or  neighboring  conference. 

2dly.  That  there  be  one  sent  home  at  the  present 
governour's  choice  to  give  an  accompt  to  his  ma'tie  of 
the  surrender  of  his  country,  the  present  governour 
bearing  his  charges,  that  is  Sir  William  Berkeley. 

2>dly.  That  the  present  governour,  that  is  Sir  Wil- 
liam Berkeley,  and  the  councill,  shall  have  leave  to  sell 
and  dispose  of  their  estates,  and  to  transporte  them- 
selves whether  they  please. 

4ithly.  That  the  governour  and  councill,  though  they 
take  not  the  engagement  for  one  whole  yeare  shall  yet 
have  equal  and  free  justice  in  all  courts  of  Virginia 
until  the  expiration  of  one  whole  yeare. 

bthly.  That  all  the  governour's  and  councill's  land 
and  houses,  whatsoever  belongeth  to  them,  bee  particu- 
larly secured  and  provided  for  in  these  articles. 

Qthhj.  That  all  debts  of  the  governour's  by  act  of 
assembly,  and  all  debts  due  to  officers  made  by  the 
assembly  bee  perfectly  made  good  to  them.  And  the 
governour  bee  paid  out  of  the  goods  remaining  in  the 
countrey  of  the  Dutch  ship  that  went  away  cleer  for 
Holland  without  paying  his  customs. 

Ithly.  That  the  governour  may  have  free  leave  to 
hire  a  sliipp  for  England  or  Holland,  to  carrie  away  the 


THE   UNITED    STATES   OP   AMERICA.  143 

StRKENDERS    TO    THE    COMMONWEALTH.  PaRT    I. 

governour's  goods,  and  the  council's,  and  what  he  or 
they  have  to  transportc  for  Holland  or  England  without 
any  let  or  any  molestation  of  any  of  the  State's  ships 
att  sea  or  in  their  rivers,  or  elsewhere,  hy  any  of  the 
shipps  in  the  commonwealth  of  England  whatsoever. 

'^Ihly.  That  the  captain  of  the  fforte  be  allowed  satis- 
faction for  the  building  of  his  house  in  fforte-island. 

Stilly.  That  all  persons  that  are  now  in  this  collonie,  Exemption 
of  what  quality  or  condition  soever  that  have  served  ^''^'^  ^^^^' 
the  king  here  or  in  England  shall  be  free  from  all  dan- 
gers, punishments  or  mulct  whatsoever,  here  or  else- 
where, and  this  article,  as  all  other  articles,  bee  in  as 
cleer  termes  as  the  learned  in  the  law  of  arms  can 
express. 

lOthly.     That  the  same  instant  that  the  commissions  Act  of  ob- 
are  resigned,  an   act  of  indempnitio  and  oblivion  be         '    ^■' 
issued  out  under  the  hands  and  scales  of  the  commis- 
sioners for  the  parliament ;  And  that  no  persons  in  any 
courte  of  justice  in  Virginia  be  questioned  for  their 
opinions  given  in  any  causes  determined  by  them. 

IWily.  That  the  governour  and  councill  shall  have  Passports, 
their  passes  to  go  away  from  home  in  anie  shipps  in  anie 
time  within  a  yeare  ;  and  in  case  they  goe  for  London, 
or  other  place  in  England,  that  they,  or  anie  of  them, 
shall  bee  free  from  anie  trouble  or  hindrance  of  arrests 
or  such  like  in  England,  and  that  they  may  follow 
their  occasions  for  the  space  of  six  months  after  their 
arrival. 

These  articles  were  signed,  sealed,  and  sworne  unto, 
by  us  the  commissioners  for  the  parliament  of  the  com- 
monwealth of  England,  the  12th  of  March,  1651. 

Rich  :  Bennett,  scale. 
"Wm.  Claiborne,  scale. 
Edmund  Curtis,     scale. 

Proclama- 

,  tion  by  the 

Proclamation  of  the  Commissioners  of  Parliament,    coniniis- 
"  Whereas  by  the  authoritie  of  the  parliament  of  Eng-^^"^"!"^"  ^^^ 
land,  we  the  commissioners  appointed  by  the  council  i65i. 


144  THE   GOVERNMENTAL    HISTORY    OF 

Part  I.  Virginia, 

Prociama-  of  state,  authorized  thereto,  having  brought  a  fflcete 
commis-     and  force   before  James  Cittie  in  Virginia  to  reduce 

Bioners  of  ^^m^  collouic  uudcr  the  obedience  of  the  commonwealth 

parliament 

1651.         of  England,  and  finding  force  raised  by  the  govcrnour 

and  country' to  make  opposition  against  the  said  fflcete 
whereby  assured  danger  appearinge  of  the  mine  and 
destruction  of  the  plantation,  for  prevention  whereof 
the  burgesses  of  all  the  severall  plantations  being 
called  to  advise  and  assist  therein,  vpon  long  and  seri- 
ous debate,  and  in  sad  contemplation  of  the  greate 
miseries  and  certaine  destruction,  which  were  so  nearly 
hovering  over  this  whole  countrey  ;  "Wee  the  said  com- 
missioners, have  thought  fitt  and  condescended,  and 
granted,  to  signe  and  confirmc  vnder  our  hands,  scales 
and  by  our  oath,  articles  bearinge  date  with  theise 
presents ;  And  do  further  declare  that  by  the  authori- 
tie  of  the  parliament  and  commonwealth  of  England, 
derived  vnto  us  theire  commissioners ;  That,  according 
to  the  articles  in  generall,  wee  have  granted  an  act  of 
Act  of  in-  indempnitie  and  oblivion,  to  all  the  inhabitants  of  this 
demnity  coUonic,  from  all  words,  actions,  or  writings  that  have 
ion.  been  spoken,  acted,  or  writt,  against  the  parliament  or 

commonwealth  of  England,  or  any  other  person,  from 
the  beginning  of  the  world  to  this  daye  ;  And  this  wee 
liave  done,  that  all  the  inhabitants  of  the  collonie  may 
live  quietly  and  securely  under  the  commonwealth  of 
England:  And  wee  do  promise  that  the  parliament 
and  commonwealth  of  England  shall  confirme  and  make 
good  all  those  transactions  of  ours.  Witness  our  hands 
and  scales  this  12th  day  of  March,  1651. 

Richard  Bennett,  seale. 
Wm.  Claiborne,  seale. 
EuM.  Curtis,  seale. 


Virginia         Thus  in  a  vcry  short  time  after  her  spirited  avowals 

no  longer  of  loyalty  to  the  crown,  Virginia  was  brought  under 

cobny.      allegiance  to  the  Commonwealth  :     As  is  intimated  in 

the  recital  of  the  foregoing  proclamation  of  indemnity, 


THE   UNITED    STATES   OP   AMERICA.  145 

UNDER    THE    COMMONWEATLII.  PaRT    I, 

it  was  a  virtual  subjugation  of  the  colony  by  the  force 
of  superior  discipline  and  appliances,  arrayed  against 
her  feeijle  though  resolute  resistance.  It  was,  how- 
ever, the  last  as  well  as  the  first  direct  interference  of 
the  Commonwealth  with  her  colonial  government. 
The  commissioners  appointed  by  parliament  to  reduce 
her  to  its  subjection,  soon  mingled  with  the  ruling 
spirits  of  the  colony,  and,  with  them  and  the  burgesses, 
guided  and  regulated  all  its  concerns. 

The  first  meeting  of  the  general  assembly,  after  the 
surrender,  was  held  at  James  City  on  the  thirtieth  day 
of  April,  1652.  Thirty-six  burgesses,  representing 
eleven  counties,  were  present,  when, 

"  After  long  and  serious  debate  and  advice  taken  for  Provision- 
the  settling  and  governing  of  Virginia,  it  ivas  imani-^^Q^^^y^!^ 
vwusly  voted  and  concluded^  by  the  commissioners  ap-"'*^_"*> 
pointed  by  authority  of  parliament,  and  by  all  the  bur- 
gesses of  the  several  counties  and  plantations  respect- 
ively, until  the  further  pleasure  of  the  states  be  known; 
That  Mr.  Richard  Bennett,  Esq.,  be  governour  for  this 
ensuing  year,  or  until  the  next  meeting  of  the  assem- 
bly, witli  all  the  just  powers  and  authorities  that  may 
belong  to  that  place  lawfully ;  and  likewise  that  Col. 
William  Clay  borne  be  secretary  of  state,  with  all  be- 
longing to  that  office,  and  is  to  be  next  in  place  to  the 
governour ;  next  that  the  council  of  state  be  as  fol- 
io we  th,  viz.,  Capt.  John  West,  Coll.  Sam.  Matthews, 
Coll.  Nathaniel  Littleton,  Coll.  Argoll  Yeardley ;  Coll. 
Thos.  Pettus  ;  Coll.  Humph.  Higgison  ;  Coll.  George 
Ludlow  ;  Coll.  Wm.  Barnett ;  Capt.  Bridges  Freeman  ; 
Capt.  Tho.  Harwood  ;  Major  Wm.  Taylor  ;  Capt.  Fran- 
cis Epps  and  Leiv'tt.  Coll.  John  Cheeseman ;  and  they 
shall  have  power  to  execute  and  do,  right  and  equal 
justice  to  all  the  people  and  iiihabitants  of  this  colony, 
according  to  such  instructions  as  they  have,  or  shall 
receive,  from  the  parliament  of  England,  and  accord- 
ing to  the  known  laws  of  England ;  and  the  acts  of 
assembly  here  established :  And  the  said  governour, 
10 


146  THE   GOVERNMENTAL    HISTORY   OF 

Part  I.  Virginia, 

Provision-  secretary,  and  council  of  state,  are  to  have  such  power 
Govern-  and  authorities,  and  to  act  from  time  to  time,  as  by  the 
TfM*'  grand  assembly  shall  be  appointed  and  granted  to 
Powers  of  thcir  several  places  respectively  for  the  time  above  said : 
the  Gov.,    Qf  -^iiich  all  the  people  which  inhabit  or  be  in  this 

Secretary,  ^       ^     ,  .      , 

and  State  couutry,  are  hereby  required  to  take  notice,  and  accord- 
Counci .     inrrly  conform  themselves   thereunto :     God  save  the 

*  1  Hen-  °  "^ 

uing'sBtat- commomvealth  of  England  and  this  country  of  Vir- 
utes,  371.    gij^ia."* 

County  J^aj/  2<i,  1652.     It  is  resolved,  That  the  Commis- 

Judges.      sioners  of  the  several  counties  be  chosen  by  the  house, 
with  this  proviso,  that  if  any  just  complaint  be  proved 
against  any  chosen,  they  shall  be  suspended  the  next 
session  of  assembly. 
Colonial         May  5th,  1652.     It  is  agreed,  and  thought  best  for 
Ijo^     '     the  government  of   this  country,  by  the   governour, 
eligible,     council  and  burgesses,  that  the  right  of  election  of  all 
officers  of  this   colony  be   and  appertain  to  the  bur- 
The  people  gcsses,  the    representatives  of  the  people;    and   it  is 
of*^power!'^  ^^^rther  agreed,  for  the  present,  by  the  burgesses,  in 
remonstrance  of  the  confidence  that  they  have  in  the 
said  commissioners,  that    the  present  election   of  all 
officers  not  already  constituted,  be  referred  to  the  said 
governour  and  commissioners,  and  that  this  their  elec- 
tion be  not  precedential  to  any  succeeding  assembly. 
Gov.  and        jf^^^  Qf/i^  1652.     Whether  the  governour  and  coun- 
members    cil  sliall  bc  members  of  this  assembly  or  no  ?  generally 
^sembiy.  ^'o^^d  they  shall  be,  taking  the  oath  the  burgesses  take, 

viz. : 
Oath  of  "You,  and  every  of  you,  shall  swear  upon  the  Holy 

BurCTGSSGS 

etc.  '  Evangelists,  and  in  the  sight  of  God,  to  deliver  your 
opinions  faithfully  and  honestly,  according  to  your 
best  understanding   and   conscience,  for  the   generall 

allegiance,  ^^^d  and  prosperity  of  this  country  and  every  particular 
member  thereof,  and  to  do  your  utmost  endeavor  to 
prosecute  that,  without  mingling  with  it  any  particular 
interest  of  any  person  or  persons  whatsoever. 

John  Corker,  CI.  Dom.  Com" 


THE   UNITED   STATES  OP  AMERICA.  147 

UNDER   THE    COMMONWEALTH.  PaKT    I. 

From  this  time  there  was  a  very  perceptible  departure 

from  the  former  mode  of  administering  the  afiairs  of 

the  colony,  which  continued  during  the  suspension  of 

the  regal  government  in  the  parent  state.     The  anniial 

sessions  of  the  assembly  were  dated  in  the  year  of  the  features 

commonwealth,  instead  of  the  year  of  the  king.     The  ^^'^^^  *'^^ 
11-11  J!       jj^T  J  "^^^'  organ- 

government  established  was  declared  to  be,  and  was  es-  ization. 

sentially,  merely  jorovisionary.     It  was  in  as  unsettled  a 

state  as  the  government  of  the  mother  country.     The 

house  of  burgesses  gradually  concentrated  in  themselves 

all  legislative,  judicial,  and  executive  functions,  without  gj^^^^^j^^f' 

any  due  separation  of,  or  constitutional  limit  to  their  tiie  Bur- 

*,  .11  1-1   gesses. 

powers,     ihey  appointed   the  governor  and  council, 

and  fixed  their  term  of  office  ;  they  also  virtually  con- 
trolled the  election  of  all  the  subordinate  officers  in 
the  colony.  And  although  these  were  appointed  under 
a  provisional  enactment,  that  they  should  hold  their 
offices  for  a  specified  period,  or  more  generally  ^' until 
the  pleasure  of  the  supreme  power  in  England  was 
known,"  there  is  no  instance  in  the  records  of  the 
colony,  of  any  interference  on  the  part  of  parliament  *}'  ^^^' 
or  Cromwell,  with  the  appointment  of  either.*  Statutes. 

Indeed,  during  the  existence  of  the  commonwealth  Condition 
administration  in  England,  the  colony  of  Virginia  cmmcnt?^" 
seemed  like  a  ship  of  state  cut  loose  from  her  moor- 
ings, and  floating  on  an  uncertain  sea,  without  an  effi- 
cient commander,  or  a  responsible  pilot,  or  a  harmo- 
nious crew,  while  none  seemed  to  understand,  or  cared 
to  know,  the  object  of  her  adventure,  or  the  port  to 
which  she  was  destined,  and  yet  all  were  mainly  solicit- 
ous to  keep  her  from  foundering. 

The    second    election    for   governor,  secretary   and  S^'^'^ond 
council,   under    the     commonwealth,   took    place    in  state  Offi- 
March,  1655,   when  Edward  Diggs  was  elected  gov-*^'^'"^'  ^^^^• 
ernor  in  the  place  of  Richard  Bennett ;  and  tlie  former 
secretary  and  council  were  all  re-elected  by  the  grand 
assembly.     A  general  act  regulating  the  trade  of  the 
colony,  and  establishing  ports  and  places  for  markets, 


148 

THE   GOVERNMENTAL    HISTORY   OF 

Part  I. 

VIRGINIA, 

Under       ^^yras  also  passed  at  this  session.     The  other  acts  of  this 

the  Pro-  .  ^  „  1  X-  X  1      . 

visional      sessioii  wcre  01  a  more  domestic  nature,  relating  priii- 
Govern-     gipally  to  church  matters  and  their  relations  with  the 

nient  ot  i       j 

1652.         Indians. 

Third  eiec-     The  third  election  of  state  officers,  under  the   com- 

rai  Assem-  moiiwealth,  was   held   in   March,    1658,    when,    after 

biy  of       referring  to  the  establishment  of  the  provisional  q-qv- 

1657-8.  ^  . 

eminent,  as  vesting  "  the  right  of  election  of  all  officers 
The  Bur-  of  this  coloiiy  ill  the  burgesses,  the  representatives  of 
aimir elect ^^^^  pcoijlc,"  it  was  foruiallj  declared  bj  them,  "that 
Governor  "Wec,  the  present  burgesses  of  this  grand  assembly, 
cers.  have  accordingly  ordained  the  several  persons  under- 

written, to  be  the  governour,  council,  and  commission- 
ers of  this  country  of  Virginia  until  the  next  assembly, 
or  until  the  further  pleasure  of  the  supreme  poiver  in 
*  1.  Hen-  England  shall  be  known."*  Samuel  Matthews,  Esq. 
°'  '  was  again  named  as  governor,  Wm.  Claiborne  as 
secretary  of  state,  and  twelve  others  members  of  the 
council. 

There  is  something  significant  in  the  phraseology 
used  in  designating  the  term  of  office  of  these  state 
officers ;  referring  to  the  supreme  power  in  England, 
instead  of  the  commonwealth.  Though  subjected  to 
the  authority  of  the  parliament,  Virginia  seems  not  to 
have  forgotten  her  loyalty  to  the  crown ;  and  expresses 
Reserved  herself  as  it  were,  with  a  prophetic  reference  to  its 
thrcrown.  ^fter  supremacy.  She  seems,  purposely,  to  have 
couched  her  enactments  in  terms  which  might  meet 
any  alternative  of  affiiirs  in  the  revolutionary  condition 
of  the  parent  state ;  though  they  may  well  enough 
refer  to  the  parliament,  or  to  the  Lord  protector 
Cromwell,  or  even  to  the  crown.  This  cautious  use 
of  terms  may  be  observed  in  the  previous  acts  estab- 
lishing the  provisional  administration.  It  is  also 
observable  in  all  the  after  proceedings  of  the  burgesses 
during  the  suspension  of  the  regal  power  in  England. 
Especially  is  it  so  where  they  have  reference  to  the 
government  or  the  authority  of  the  mother  country. 


THE  UNITED    STATES  OP   AMERICA.  149 

UNI>ER  THE  COMMONWEALTH.  TarT    I. 

At  a  meeting  of   the  grand  assembly,  commenced  UikIi  r  the 
March  1,  1(358,  "the  burgesses  of  the  several  counties ^'/'^J''*"^"* 
being  returned  by  the  sheriffs,  and  this  day  making  meut  of 
their  appearance  in  the  house  ;  by  the  unanimous  vote 
of  all  then  present,  (being  thirty  in  number,)   Coll.  ^'^ctionof 
Edward  Hill  was  chosen  speaker,  and  being  by  them  Ly  the 
presented  to  the  governour,  from  him  received  appro-  ^"''gesses. 
bation." 

The  proceedings  of  the  grand  assembly  at  this  date  Proceed- 
vrcre  more  regular  than  any  which  had  preceded,  and  Alembiy^ 
as  their  preliminary  orders  illustrate  the  parliamentary  1658-9. 
forms  observed  at  this  early  period,  I  insert  them  here, 
adopting  as  nearly  as  may  be  the  language  of  the  orig- 
inal record.     The  first  order  recites,  that 

^'Whereas  Coll.  Moore  Ffantleroy,  not  being  present  Suspension 
in  the  house   at    the  election  of  the  speaker,  moved  ^^j.^  ^^"^' 
against  him,  as  if  clandestinely  elected,  and  taxed  the 
house    of    unwarrantable    proceedings   therein.   It   is 
ordered  that  the  said  Coll.  Ffantleroy  be  suspended 
until  to-morrow  morning,  when,  upon  his  submission,  «i'ggQ, 
he  may  be  admitted.*  ning,  507. 

March  8thj  1658.  The  House  being  met.  Coll.  He  is  re- 
Ffantlcroy  acknowledging  his  error,  was  re-admitted,  ^  °"^^*^^' 
and  the  order  for  suspension  raised. 

"  Orders,  for  observation  of  good  order  in  the  house,  Orders  of 
being  this   day  read,  are  generally  assented    to,  and^^^^^^^^^' 
ordered  to  be  recorded,  viz. :  1658-9. 

1.  That  no  burgess  shall  absent  himself  from  attend- Attend- 
ance on  the  house  without  leave  first  obtained  (unless  deport"*^ 
prevented    by   sickness)    when   any   matter   shall    be  m<^"t  of 
debated  of;   But  that  every  member  shall  keep  good 
order,  and  give   due   attention  to  the  reading  or  de- 
bating of  whatsoever  shall  be  proposed  or  presented 
for  the  consideration  of   the   house :    and  that  every 
burgesse  shall,  with  due  respect,  address  himself  to 
Mr.  Speaker  in  a  decent  manner,  and  not  entertain 
any   private   discourse,  while   the    public   affairs   are 
treated  of. 


150  THE  GOVEENMENTAL   HISTORY  OP 

Part  I.  virginu, 

Under  the  2.  That  any  member  of  this  house,  for  any  time  of 
r/Govera-  ^"^  absence  upon  call  of  the  clerk,  shall  forfeit  twenty 
n'fijt  of  pounds  of  tobacco,  to  be  disposed  of  by  the  major  part 
Absence.    ^^  ^^^^^  housc,  upon  every  Saturday  in  the  afternoon, 

lawful  impediments  excepted. 
Intoxio  3.  That  the  first  time  any  member  of  this  house 
shall,  by  the  major  part  of  the  house,  be  adjudged  to 
be  disguised  with  overmuch  drink,  he  shall  forfeit  one 
hundred  pounds  of  tobacco ;  and  for  the  second  time 
he  shall  be  so  disguised,  he  shall  forfeit  300  of  tobacco ; 
and  for  the  third  offence  1000  lb.  tobacco. 
Deport-  4.  That  upon  debate  of  anything  proposed  by  the 

ing  debate.  Speaker,  the  party  that  speaketh  shall  rise  from  his 
seat  and  be  uncovered  during  the  time  he  speaketh, 
•  wherein  no  interruption  shall  be  made  until  he  have 
finished  his  discourse,  upon  penalty  of  one  hundred 
pounds  of  tobacco. 

5.  That  no  irreverent  or  indigne  forme  of  speech  be 
hibited.      uttered  in  the   house  by  any  person  against  another 
member  of  this  house,  upon  the  penalty  of  five  hun- 
dred pounds  of  tobacco  ;  the  house  to  be  judge  there- 
in ;  and  the  several  fines  to  be  disposed  of  by  the  house 
as  aforesaid." 
Message  to     At  this  stage  of  the  proceedings  a  messenger  was 
ernor.        scnt  to  thc  governor  requesting  him  to  appoint  some  of 
the  council  to  administer  the  oath  to  the  burgesses, 
"  whereupon  were  sent,  Coll.  William  Claiborne  ;  Coll. 
William  Bernard ;  and  Coll.  Thomas  Dewe ;  who  ad- 
ministered the  oath  to  the  burgesses  in  form  following. 
Burgesses'      Oath.  You  and  every  of  you  shall  swear,  upon  the 
Oath.         Holy  Evangelist  and  in  the  sight  of  God,  to  deliver 
your  opinions  faithfully,  justly  and  honestly,  according 
to  your   best  understanding  and   conscience,  for  the 
general  good  and  prosperity  of  this  countiy,  and  every 
particular  member  thereof,  and  to  do  your  utmost  en- 
deavor to  prosecute  that,  without  mingling  with  it  any 
particular  interest  of  any  person,  or  persons,  whatso- 
ever— so  help  you  God  and  the  contents  of  this  Book. 


Personal!' 
ties  pro- 


.     THE   UNITED   STATES   OP   AMERICA.  151 

UNUKK    THE    COMMONWEALTH.  PaRT    I. 

By  the  first  act  of  this  session  it  was  declared  by  the  Assembly 
governor,  council  and  burgesses,  "  that  the  honorable  °     ""^  ~^' 
Coll.  Samuel  Matthews,  Esq.,  bee  the  govcrnour  and 
capt.  general  of  Virginia  for  two  years  ensuing,  and 
then  the  grand  assembly  to  elect  a  governor  as  they  Future 
shall  think  fit,  the  person  elected  being  then  one  of  the  g^^^j.^^  ^^^^ 
councel. 

'''■And  it  is  further  enacted,  that  the  present  councel  Council  of 
shall  be  the  councel  of  state,  the  assembly  reserving  to 
themselves  a  just  exception  against  any  one  particular 
councellor ;  but  for  the  future  the  councellors  to  be  Term  of 
fixt  during  life  except  in  case  of  high  misdemeanors,  ^  ^^' 
and  of  this  the  grand  assembly  to  be  the  only  judge. 

'■'■And  it  is  rnoreover  ordained  by  the  authority  afore-Eoyr  elect- 
said,  that  the  governour  shall  have  privilege  to  nominate 
the  future  councellors  ;  and  the  burgesses  according  to 
their  discretion  to  elect,  and  this  act  to  be  of  force  Provision- 
until  his  highness'  pleasure  be  further  signified."  tion. 

The  second  act  of  this  session  provides  for  a  calling 
of  the  assembly  by  the  governor,  by  a  summons  issued 
in  January  preceding  March  ;  and  if  the  governor  omits 
to  do  so  till  the  tenth  of  February,  that  then  the  secre- ^j^^^j  ^ 
tary  of  state  should  send  out  writs  for  the  election  of  t^e  as- 
burgesses,  and  in  case  the  secretary  should  neglect  it, 
then  the  sheriff  should  by  his  own  power  convene  the 
people  by  the  twentieth  of  February,  to  elect  burgesses 
for  the  next  assembly ;  to  convene  on  the  tenth  of 
March  every  two  years,  unless  the  governour  shall 
see  fit  to  summon  them  sooner,  on  any  important  oc- 

The  action  of  the  assembly  vesting  the  colonial  gov- 
ernment for  the  next  two  years  in  the  governor  and  Powers  of 
council,  and  giving  the  governor  power  to  call  the  bur- eruor  and 
gesses  together  as  he  might  think  occasion  required,  q°"gt7on. 
originated  a  controversy  between  them  of  exceeding  ed  by  the 
interest  and  importance  as  it  related  to  the  powers  of 
the  former  and  the  latter.     The  governor  and  council 
assumed  that  the  power  to  convene  involved  also  the 


152  THE   GOVERNMENTAL   HISTORY   OF 

Part  I.  Virginia, 

Under  the  powcr  to  dissolve  the  assembly ;  accordingly  on  the 
govern-  '*  first  of  April,  they  withdrew  from  the  house  and  startled 
mcnt  of     ijjQ  burj^esses  with  the  following  communication,  which 

1552.  cj  7 

was  read  to  them  by  the  speaker. 
The  gov-        "  The  governor   and   council,   for   many  important 
councUdis-  causcs,  do  think  fit  hereby  to  declare,  that  they  do  now 
solve  the    dissolve  this  present  assembly,  and  that  the  speaker  ac- 
165^        cordingly  do  dismiss  the  burgesses. 

Samuel  Matthews, 
"W.  Claiborne. 
Thomas  Pettus, 
Obedience  Robins,  Henry  Perry, 

John  Walker,  Nathaniel  Bacon, 

Geo.  Reade,  Francis  Willis. 

William  Bernard, 


the  bur 


Answer  of      ^'■Answer  of  the  burgesses  to  the  declaration  of  the 
honorable  governour  and  cowicel. 

The  house  hereby  presenteth,  that  the  said  dissolu- 
tion, as  the  case  now  standeth,  is  not  presidentall,  nei- 
ther legal  according  to  the  laws  now  in  force,  therefore 
we  humbly  desire  a  revocation  of  the  said  declaration, 
especially  seeing  we  doubt  not  but  speedily  to  finish 
the  present  affaires  to  the  satisfaction  of  your  honor, 
and  the  whole  country. 

John  Smith,  Speaker.''^ 

Resolution      "  Upon  which  transactions   ******  |  being  but 
^yg^^^*"^"  three  monthes  absent— it  was  *****  voted  unani- 
•1-MS.wornmously,  that  no  burgess  *****  and  if  any  shall 
nillg.  °^''"  depart,  that  he  shall  be  censured  as  a  person  betraying 
the  trust  reposed  in  him  by  his  country ;  and  the  re- 
maining to  act  in  all  things,  and  to  all  intents  and  pur- 
poses as  a  whole  and  entire  house  ;  and  further,  that 
Mr  Speaker  sign  nothing  without  the  consent  of  the 
major  part  of  the  house. 

"  Voted  further,  that  an  oath  of  secrecy  be  adminis- 
tered to  the  burgesses,  as  followeth ;  viz  : 


THE  UNITED   STATES   OF   AMERICA.  153 

UNDKll    THE    COMMONWKALTIl.  PaKT    I. 

You   shall   swear   that  as  a  burgess  of  this  house  Assembly 
you  shall  not,  either  directly  or  indirectly  repeat,  nor  °     ^^^~^' 
discover,  the   present  or  future  transactions,  debates.  Oath  of 
or  discourses,   that   are    now,   or   hereafter   shall   be, ''^^'^^^^' 
transacted   or    debated   on  in  the  house,  to  any  per- 
son or  persons  whatsoever,  except  to  a  burgesse  of  this 
assembly  now  present,  during  the  time  of  this  present 
session.     So  help  you    God    and   the  contents  of  this 

Bookc.  

^'' Reply  of  the  honorable  the  governoiir  and  councel.     The  gov- 
Upon  your  assurance  of  a  speedy  issue  to  conclude  council  in 
the  acts  so  near  brought  to  a  confirmation  in  this  assem- i"cpiy, 
bly,  we  are  willing  to  come  to  a  speedy  conclusion,  and 
to  refer  the  dispute  of  the  power  of  dissolving,  and  the 
legality  thereof,  to  his  highnesse,  the  Lord  Protector ; 
Subscribed,     Samuell  Matthewes, 


la.  Cittie,  April  2d,  1658. 


Wm.  Claiborne,  Sec. 


'■'■  Answer  of  the  burgesses. 

The    house    is    unanimously  of  an  opinion  that  the  The  bur- 
answer  returned  is  unsatisfactory,  and  desire,  with  as^^^^^^"^ 
much  earnestness  as  the  honorable  governour  and  coun- 
cel have  expressed,  a   speedy  dispatch,  and   propose, 
that  the  governour  and  councel  please  to  declare 

The  house  remains  undismissed,  that  a  speedy  period 
may  be  put  to  the  publique  affaires. 

John  Smith,  Speaker. 

James  Citty;  Ap :  the  2d  1658." 


"  The  reply  of  the  governour  and  councel.  ■ 
Upon  your  promise  received  of  the  speedy  and  happy  Further  re- 
conclusion,  we  revoke  the  declaration  for  the  dissolu- ^ J^,gj.QQj.® 
tion  of  the  assembly,  and  refer  the  dispute  of  the  power  a"*!  coun- 
of  dissohing  and  the  legality  thereof  to  his  highnesse 
the  Lord  Protector. 

Subscribed    Samuell  ]\rATTHEWES, 
Wm.  Claiborne,  Sec. 


154  THE  GOVERNMENTAL   HISTORY  OP 

Part  I.  Virginia, 

Under  the  "The  house,  unsatisfied  with  these  answers,  appoint-. 
ai  Govern-  ^^  '^  Committee  to  draw  up  a  report  for  manifestation 
mentof  and  vindication  of  the  assembly's  power,  which  after 
The  As-  presentation  to  the  house  to  be  sent  to  the  governour 
165*8-9  ^^  ^^^  councell.     These  underwritten  being  appointed  the 

committee : 
Committee      "  Coll.  John  Carter ;  Mr.  Warham  Horsmenden ;  Coll. 
ence.^  ^^'   Joli"  Sidney ;  Leu't.  Coll.  Thomas  Swann ;  Major  Eich- 

ard  Webster ;  Mr.  Jerrom  Ham ;  Capt.  Wm.  Michell. 
Powers  of      "The  same  committee  is  by  the  House  impowered  to 
mittee.  "    draw  up  all  such  propositions  as  any  way  tend  to  or 

concerne  the  settling  the  present  affairs  of  the  countrey 

and  government. 


Report  of  the  Committee  nominated  for  vindication  and 

manifestation  of  the  assembly'' s  power. 

Eeport  of       Wee  have  considered  the  present  constitution  of  the 

miuee.™'    government  of  Virginia  and  doe  propose.    That  wee 

find  by  the  records,  the  present  power  of  government 

to  reside  in  such  persons  as  shall  be  impowered  by  the 

burgesses,  the  representatives  of  the  people,  who  are 

not  dissolvable  by  any  power  extant  in  Virginia  but  the 

house  of  burgesses." 

"They  humbly  think  fitt  that  the  house  do  propose, 
Samuel  Matthews,  Esqr.,  to  remain  governour  and 
Capt.  gen'U  of  Virginia,  with  the  full  powers  of  that 
trust,  And  that  a  councell  be  nominated,  appointed  and 
confirmed  by  the  present  burgesses  convened,  with  the 
assistance  of  the  governour  for  his  advice. 

"  Upon  which  report  was  drawn  up  this  declaration : 
Declara-         "The  burgesses,  taking  into  consideration  the  many 
tion  on  the  ^qh^  and  obstructions  in  the  affaires  of  this  assembly, 

report.  " 

and  conceiveing  that  some  persons  of  the  present  coun- 
cell endeavor  by  setting  up  their  own  power  to  destroy 
the  apparent  power  resident  only  in  the  burgesses,  rcp- 

They  claim  r^s^"*'^^'^^^^  ^^  ^^^^  jDCople,  as  is  manifest  by  the  records 

for  them-   ^f  the  assembly ; 

power.  "  Wee,  the  said  burgesses,  do  declare,  That  we  have 


THE   UNITED   STATES   OF   AMERICA.  155 


UNIIKR    THE    COMMONWEALTH.  PaUT    I. 


in  ourselves  the  full  power  of  the  election  and  appoint-  Under  tho 
ment  of  all  officers  in  this  countrey,  until  such  time  as  ./yQ^.'^||,'^'_ 
we  shall  have  order  to  the  contrary  from  the  supreme  "\c"t  of 
power  in  England,  all  which  is  evident  upon  the  assemr  xhe^As- 
bly  records ;  f^>?bly  of 

"And  for  the  better  manifestation  thereof,  and  the 
present  dispatch  of  the  affaires  of  this  countrey  we 
declare  as  folio wetli: 

"That  wee  arc  not  dissolvable   by  any  power  yet 
extant  in  Virginia  but  our  owne ;  That  all  former  elec- 
tions of  governour  and  councell  be  void   and  null; 
That  the  power  of  governour,  for  the  future,  shall  be 
conferred  on  Coll.  Samuel  Matthewes  Esq,  who  by  us  New  dec- 
shall  be  vested  with  all  the  just  rights  and  priviledges  ^^^  "^ 
belonging  to  the  governour  and  Capt.  generall  of  Vir-&c. 
ginia,  and  that  a  councel  shall  be  nominated,  appointed 
and   confirmed,    by   the   present    burgesses    convened 
(with  the  advice  of  the  governour,  for  his  assistance) 
And  that  for  the  future  none  l)e  admitted  a  councellor, 
but  such  who  shall  be  nominated,  appointed  and  con- 
firmed by  the  house  of  burgesses  as  aforesaid,  until 
^rther  order  from  the  sui^reme  power  in  England. 

John  Smith,  Speaker." 

"  By  THE  Grand  Assembly.     These  are  in  the  name  of  Order  to 
his  highness  the  Lord    Protector  to  will  and  require  ^^'^  ' 

you  not  to  act,  or  execute  any  warrant,  precept  or  com- 
mand, directed  to  you  from  any  other  power  or  person 
than  the  speaker  of  this  hon'ble  house,  whose  com- 
mands you  are  hereby  required  to  obey  and  not  to 
decline  therefrom  until  further  order  from  us  the  bur- 
gesses of  this  present  grand  assembly,  hereof  faile  not 
as  you  will  answer  the  contrary  at  your  perill — Given, 
2d  April,  '58. 

John  Smith,  Speaker. 
Directed  to  Capt.  Robert  Ellison,  high  sheriff 

of  James  Citty  County,  and  sergeant-at-arms 

for  this  present  grand  assembly." 


156  THE   GOVERNMENTAL   HISTORY   OF 

Part  I.  tirginia, 

Under  the  "  It  IS  ORDERED,  that  wlicreas  the  supreme  power  of 
al^Govem-  ^^^is  countrey  of  Virginia  is  by  this  grand  assembly 
ment  of  declared  to  be  resident  in  the  burgesses,  the  represent- 
The'^As-  ativcs  of  the  people,  That  in  reference  and  obedience 
sembiy  of  thereto,  Coll.  William  Claiborne  late  secretarie  of  state 

1658-9.  ' 

Public  Re-  forthwith  surrender  and  deliver  the  records  of  the  coun- 
cords  to  be  ^^.qj  ^^^o  the  hands  of  the  speaker  of  this  present  grand 

dehvered  •'  i  r-  o 

to  the        assembly. 

Speaker.         a  Qq1j_  Claiborne  being  sent  for  by  the  sergeant-at- 

armes,  there  was  drawn  up  the  next  ensuing  order. 
Committee      "  W/iereas  it  hath  been  ordered  by  this  present  grand 
appointed  assembly,  that  Coll.  William  Claiborne  late  secretarie 

to  receive 

them.  of  state  should  deliver,  upon  oath,  all  the  records  con- 
cerning this  countrey  of  Virginia,  or  any  particular 
member  thereof  unto  this  present  grand  assembly, 
These  are  to  impower  and  authorize  Coll.  John  Carter 
and  Mr.  Warham  Horsmenden  to  receive  the  same  in 
the  name  and  behalf  of  the  aforesaid  grand  assembly; 
and  for  such  records  as  they  shall  receive  to  give  the 
said  Coll.  Claiborne  a  full  receipt  and  discharge. 
Report  by  ^^  April  the  M,  1G58.  The  committee  appointed  for 
the  com-    manifestation  of  the  countreys  power  did  this  day  by 

mittee.  ,  ^     i       ,  ^  ^       r> 

order  oi  the  house  present  to  the  govcrnour  the  lorme 
of  the  oath  to  be  taken  by  him  and  the  councell,  which 
by  him  was  approved,  and  a  list  of  those  he  desired  to 
be  of  his  councell  presented  by  him  to  the  house. 
Oath  of  the  "  The  OATH.  I  doe  swearc  that,  as  governour  and 
Governor   Capt.  gcu'll  of  Virginia,  I  will  from  time  to  time  to  the 

and  Coua-  ,„  t.t-  i  •  it 

cil.  best  of  my  understanding  and  conscience  dchver  my 

opinion  in  all  cases  for  the  good  and  welfare  of  this 
plantation  of  Virginia ;  And  I  do  also  swear  that  as  a 
minister  of  justice  in  Virginia,  I  will,  to  the  best  of 
my  judgment  and  conscience,  do  cquall  right  and  jus- 
tice unto  all  persons  in  all  causes  when  I  shall  bee  there- 
unto called,  according  to  the  knowne  laws  of  England 
or  acts  of  assembly,  which  are  or  shall  be  in  force  for 
the  time  being,  without  favor,  affection,  partiality  or 
malice  or  any  by  respect  whatsoever,  neither  w^ill  I, 


THE   UNITED    STATES   OF   AMERICA.  157 

UNDER    THE    COMMONWEALTH.  PaUT    I. 

directly  or  indirectly  give  couiicell  or  advice  in  any  Under  the 
cause  depending  before  me,   So  help  me  God:  auwra- 

mcnt  of 

1 652. 

Tims  the  colony  of  Virginia,  by  a  system  of  admin- The  As- 
istration  peculiar  in  its  origin  and  character,  by  an  ^"^'^^J^^  ^^ 
ex})erience  singularly  unlike  that  of  the  New-England 
colonies,  and  seemingly  uninfluenced  by  the  religious 
agitations  which  were  convulsing  the  mother  country, 
adopted  as  the  basis  of  its  government  the  fundamental 
maxim  of  political  freedom  embraced  in  the  Protestant- 
ism of  the  Puritans,  that  the  people  are  the  source  of  Protestant 
all  power  in  the  state.      In  this   heated   and  exciting  l^^^'™^'^*^^^^ 
controversy  with  the  governor  and  council,  the  house  troversy. 
of  burgesses   affirm   distinctly,  and   again   and   again 
reiterate   their  claim  to  supreme  power  because  they 
were  the  representatives  of  the  people:  And  after  the 
controversy  is  closed  they  declare  the  same  thing  by 
express  enactments,  wherein  and  whereby  they  insist, 
that  all  power  centered  in  and  emanated  only  from 
themselves  as  representing'  the  people.     They  insist  that 
no  governor  could  or  should  rule  over  them,  that  no 
state  council  could  or  should   be  established  among 
them,  who  would  not  admit   that  they  derived  their 
powers  from   the   house  of  burgesses;   and   it  would 
S3em  also  that  it  was  with  the  burgesses  to  reject  or 
recognize  the  ruling  power  of  the  mother  country.     It 
was  but  "precedental"  to  a  still  greater  assumption  of 
power,  and  important  in  all  their  after  history. 

Oliver  Cromwell  died  on  the  third  day  of  Septem- Death  of 
ber,  when  his  son  Richard  succeeded  to  the  protecto- ^''^'^^^^^f 

'  '■  succession 

rate.  This  event  was  communicated  to  the  governor  of  Richard 
and  council  of  Virginia,  by  a  letter  dated  on  the  sev-ggpt.  1558. 
enth  of  the  same  month,  and  was  by  them  commiinicar 
ted  to  the  house  of  burgesses.  The  letter  and  the 
action  of  the  burgesses  upon  it,  form  too  important  an 
item  in  the  governmental  history  of  Virginia  to  be 
omitted. 


158 


THE   GOVERNMENTAL   HISTORY   OP 


Part  I. 


Death  of 
Cromwell 
communi- 
cated to 
Virginia, 
1658-9. 
Letter 
from  the 
State  Coun- 
cil. 


Decease  of 
Cromwell. 


Assur- 
ances of 
good  will. 


No  present 
interfer- 
ence. 


"  Letter  from  the  President  of  the  State  Council  of  the  late 

Protector,  Oliver   Cromwell,  to  the    Governor  and 

Council  of  Virginia. 

"Gentlemen,  his  late  highness,  the  Lord  Protector, 
from  that  general  respect  which  he  had  to  the  good  and 
safety  of  all  the  people  of  his  dominions,  whether  in 
these  nations  or  in  the  English  plantations  abroad,  did 
extend  his  care  to  his  colony  in  Virginia:  The  present 
condition  and  affairs  whereof  appearing  under  some 
unsettledness  through  the  looseness  of  the  government, 
the  supplying  of  that  defect  hath  been  taken  into  seri- 
ous consideration,  and  some  resolutions  past  in  order 
thereunto  which  we  suppose  would  have  been  brought 
into  act  by  this  time  if  the  Lord  had  continued  life  and 
health  to  his  highness;  but  it  hath  pleased  the  Lord 
on  Friday,  the  third  of  this  month,  to  take  him  out  of 
the  world;  his  said  highness  having,  in  his  lifetime, 
according  to  the  humble  petition  and  advice,  appointed 
and  declared  the  most  noble  and  illustrious  lord,  the 
Lord  Richard,  eldest  son  to  his  late  highness,  to  be  his 
successor;  who  hath  been  accordingly,  with  general 
consent,  and  applause  of  all,  proclaimed  Protector  of 
this  Commonwealth  of  England,  Scotland  and  Ireland, 
and  the  dominions  and  territories  thereunto  belonging; 
and  therefore  we  have  thought  lit  to  signify  the  same 
unto  you,  whom  we  require  according  to  your  duty, 
that  you  cause  his  said  highness  Richard,  Lord  Protect- 
or, forthwith  to  be  proclaimed  in  all  parts  of  your 
colony. 

"  And  his  highness'  councel  have  thought  fit  hereby 
to  assure  you  that  the  settlement  of  that  colony  is  not 
neglected,  and  to  let  you  know  that  you  may  expect 
shortly  to  receive  a  more  express  testimony  of  his  high- 
ness' care  in  that  behalf;  till  the  further  perfecting 
whereof  their  lordships  do  will  and  require  you,  the 
present  governor  and  counccll  there,  to  apply  your- 
selves with  all  seriousness,  faithfulness  and  circumspec- 
tion, to  the  pcaceble  and  orderly  management  of  the 


THE  UNITED   STATES  OP  AMERICA.  159 

UNDER    THE    COMMONWEALTH.  PaRT    I. 


affairs  of  that  colony,  according  to  such  good  laws  and  The  suc- 
customs  (not  repugnant  to  the  Laws  of  England)  asj^jj^lard^ 
have  been  heretofore  used  and  exercised  among  you,  t^romwell, 

1659. 

improving  your  best  endeavors,  as  for  mamtammg  the 
civil  peace,  so  for  promoting  the  interest  of  religion, 
wherein  you  will  receive  from  him  all  just  countenance 
and  encouragement : 

"And  if  any  person  shall  presume  by  any  undue  Further 
ways  to  interrupt  the  quiet  or  hazard  the  safety  of  his 
highness'  people  there,  order  will  be  taken  (upon  the 
representation  of  such  proceedings)  to  make  further 
provision  for  securing  of  your  peace  in  such  a  way  as 
shall  be  found  meet  and  necessary,  and  for  calling  those 
to  a  strict  account,  who  shall  endeavor  to  disturb  it. 

Signed  in  the  name  and  by  order  of  the  council 

He:  Lawrence,  PresidH. 

Whitehall,  1th  September,  1658. 


^^ March  8,  1G59.     The  letter  being  read  it  was  pro- Proceed- 
posed,  whether  the  house  should  have  time  to  debate  {fu^'ilcs^es.^ 
on  their  acceptance  and  approbation  of  it:  Whereupon 
it  was  resolved  they  should  have  time  to  consider  of  it: 
In  reference  to  which  the  governour  and  councel  depart- 
ed, and  there  was  proposed,  1.  Whether  the  letter  in 
that  part  that  requires  obedience  to  his  highness,  Rich-  Richard 
ard,  lord  protector,  should  be  assented  to.     Resolved,  acknowi- 
gencraUij  and  vnanimoushj  in  the  affirmative.  edged. 

2.  Whether  the  letter  sent  be  accepted  as  an  authen- 
tic manifestation  of  their  lordship's  intentions  for  the 
government  of  this  countrey.  Voted,  That  we  owne 
the  power  and  the  whole  contents  thereof."  After 
which  the  house  adjourned  till  Wednesday  morning: 

"  Wednesday,  Blarch  ninth,  1659.  The  house  being 
met,  the  speaker  declared  the  intention  of  the  gov- 
ernour and  councel,  in  tender  care  of  the  good  of  this 
countrey,  to  assist  the  assembly  in  making  addresses  to 
his  highness  for  confirmation  of  the  privilige  granted 
to  the  countrey  in  electing  their  own  officers ;  in  which 


IGO  THE   GOVERNMENTAL    HISTORY   OF 

Part  I.  tirgima, 

The  sue-  tlie  house  clesired  to  be  satisfied  from  the  governoiir's 
RiciiaiV  <^^^^  expressions.  In  reference  to  which  Mr.  Bacon, 
Cromwell,  Mj..  Horsmcnden,  Lt.  Coll.  Carter  and  Capt.  Fowke, 
were  sent  to  desire  his  honor  to  come  to  the  house  and 
affirm  it,  which  accordingly  he  did  as  followeth,  viz: 
The  Gov-  He  acknowledged  the  supreme  power  of  electing  offi- 
ernor  ac-    ^g^,g  ^^  ]^q  ^y  ^[^q  present  laws  resident  in  the  grand 

knowl-  ./I  " 

edges  the  assembly ;  and  that  he  would  join  his  best  assistance 

pow^er"of  ""'ith  the  country  in  making  an  address  to  his  highness 

the  bur-  f^^.  confirmation  of  their  present  priviliges ;  And  that 

'^   "   '  for  this  reason,  that  what  was'their  privilige  now  might 

*in"-^5n    ^^  ^^^®  ^^  ^^^^^^'  posterities  forever."* 
The^resig-       Richard  Cromwell  resigned  the  protectorate  on  the 
the^'^rot'ec  twcnty-sccond  day  of  April,  1659.     By  this  act  of  his 
torate  by    tlio  suprcmc  powcr  in  England  seems  to  have  been 
Ciomwell   thrown  into  abeyance,  suspended  between  various  fac- 
1659.         tions,  but  depending  mainly  on  the  will  and  the  action 
of  general  Monck,  who  observed  a  rigid  taciturnity  as 
to  his  intentions  and  kept  the  whole  nation  in  wild  un- 
certainty as  to  what  kind  of  a  government  would  next 
ensue.     How,  precisely,  this  condition  of  things  in  the 
mother  country  influenced  the  action  of  the  people  in 
Virginia,  the  strange  and  conflicting  narratives  of  both 
English  and  American  authors  renders  it  impossible  to 
say.     The  difficulty  of  removing  the  uncertainty  which 
they  have  thrown  around  this  portion  of  her  govern- 
mental history  would  be  insuperable  were  it  not  for  the 
preservation  of  her  early  colonial  records  by  the  faith- 
ful and  laborious  compilation  of  one  of  her  patriotic 
f  William  sons,!  fi'on^  which  I  have  already  so  freely  quoted. 

Sellnin-'s  ^^''^^'^  ^^^^^^  ^°  ^^^^^  ^^^^'^  *^^^^  ^^^^  powcrs  of  the  grand 
Statutes' at  assembly  of  the  colony,  which  body  was  originally 
^^^^^'  composed  of  the  governor  and  council  and  the  bur- 
gesses, were  at  length  centered  in  the  latter,  and  it  be- 
came the  supreme  source  of  all  power  in  the  government 
of  Virginia.  By  these  their  representatives  the  people 
controlled  its  legislative  action,  made  themselves  heard 
in  its  deliberations,  their  influence  felt  and  their  will 


THE   UNITED    STATES   OP   AMERICA.  161 

UPON    THE    RESIGNATION    OF    RICIIAKD    CUOMWELL.  I'aUT    I. 

obeyed.     The  grand  assembly  met  again  on  the  first  Action  of 
of  March,  1660,  at  James    City,  when  the  burgesses  As*Lenibiy^ 
again  declared  the  whole  power  of  the  government  to  ^*^?''  ^''9 
be  in  their  own  hands  by  dnacting  that,  of  Kichard 

"I.    Whereas,  by  reason  of  the  late  frequent  distrac- ^'^^'"j^^'^' 
tions  (which  God  in  his  mercy  put  a  sudden  end  to)  leeo. 
there  being  in  England,  no  resident  absolute  and  p-en- ^"P'"^™.® 

<=>  o  7  o        power  de- 

erall  confessed  power.  Be  it  enacted  and  confirmed,  that  dared  to 
the  supreme  power  of  the  government  of  this  country  ^gg°J{jjy 
shall  be  resident  in  the  assembly;  and  that  all  writs 
issue  in  the  name  of  The  Grand  Assembly  op  Virginia,  ^^.j^^  ^^^ 
until  such  a  command  and  commission  come  out  of  issue  in  its 
England  as  shall  be  by  the  assembly  adjudged  lawful. 

"II.  Be  it  enacted,  that  the  honourable  ►Sir  William 
Berkeley,  be  governour  and  captain  generall  of  Virginia ;  ggrkeiey™ 
and  that  he  govern  according  to  the  ancient  laws  of  appointed 

Governor 

England  and  the  established  laws  of  this  country.     And  leeo.      ' 
that  all  writs  issue  in  the  name  of  the  grand  assembly 
of  Virginia ;  that  once  in  two  years  at  least  he  call  a  Hia  pow- 
grand  assembly,  or  oftener  if  he  see  cause ;   that  he  ^'"^'  ^^' 
have  liberty  to  make  choice  of  a  secretary  and  councel 
of  state,  with  the  approbation  of  the  assembly;   and 
that  he  do  not  dissolve  this  assembly  without  consent 
of  the  major  part  of  the  house. 

"  III.  Be  it  further  enacted,  that  all  precedent  laws,  and  Repealing 
clauses  in  laws,  contrary  to  the  laws,  power,  and  form"^^** 
of  government  now  established,  be  reversed,  repealed, 
made  void  and  null. 

On  being  notified  of  his  election  Sir  William  Berkely 
asked  leave  of  the  assembly  to  advise  with  the  late 
council  soliciting  their  concurrence  in  his  acceptance 
of  the  office,  whereupon,  it  was — "  Ordered,  that  he  have 
free  liberty  of  treating  with  them,  and  that  his  letter, 
and  their  subscription  approving  his  election,  be  record- 
ed." He  then  sent  in  his  acceptance  of  the  office,  when  sir  William 
it  was  further — '■^Ordered  that  the  declaration  of  Sir ^'-''"•^^j^y 

,    ,  accepts  the 

William   Berkeley,  knight,  to  be  governor   and  capt.  office  of 
generall  of  Virginia,  and  to  enjoy  the  obedience  of  the   ^^^'■°°'"* 
11 


162  THE   GOVERNMENTAL    HISTORY   OF 


Part  i. 


Action  of  people,  be  forthwith  proclaimed  by  the  high  sheriff  of 
[Jy  "^gg^' James  Citty  county,  and  the  declaration  to  be  recorded." 
The  following  act  was  then  passed  for  the  more  perfect 
security  of  the  present  government. 

"XI.  Whereas  it  was  enacted  by  the  last  assembly; 
That  Coll.  Samuel  Mathews  should  be  governour  for  two 
years,  and  the  councel  of  state  fixt  during  life,  It  is 
thought  fitt,  and  enacted,  that  in  regard  to  the  then  gov- 
ernour and  councel  dissolved  the  said  assembly  and  ex- 
pressly declined  the  said  act,  that  the  said  act  be  repealed 
and  the  privilidge  and  power  of  the  secretary  and  coun- 
ning,  530.  cil  of  state  annihilated,  made  null  and  void."  * 
Non-at-  An  act  was  also  passed  providing  that  in  case  any 

of^bur'^-*^^    member  of  the  house  of  burgesses  failed  to  make  his 
gesses.       appearance  in  the  house  during  its  session,  without  a 
reasonable  excuse   to  be  judged  of  by  the  house,  he 
should  be  subjected  by  a  fine  of  three  hundred  pounds 
of  tobacco,  to  be  disposed  of  by  the  assembly. 
Assembly       The  assembly  was  subsequently  adjourned,  without 
to  MarX  being  dissolved,  till  March,  1661,  previous  to  which 
1661.         adjournment  it  was  enacted,  that  in  the  interval,  none 
not^trac-  of  the  then  present  burgesses  should  accept  any  office 
cept  office,  ^i^ich  would  disqualify  him  for  membership,  under  a 
"  penalty  of  ten  thousand  pounds  of  tobacco  for  the 
contempt." 

Rcstora-  Charles  II.  was  restored  to  the  throne,  as  the  lawful 
GharreslI  sovcrcign  of  the  kingdom  of  Great  Britain,  on  the 
May  29,  '  tweiity-ninth  day  of  May,  1660  ;  and  notwithstanding 
^^^^'  the  foregoing  prorogation  of  the  assembly,  it  met  again 
on    the    twenty-third   day  of   October  of   the    same 

Grand  As-  year. 

S.^i^66o;  This  must  have  been  a  special  session,  but  for  what 
particular  purpose  it  was  convened,  and  whether  by 
proclamation  of  the  governor  or  by  a  special  summons, 
we  have  no  reliable  means  of  ascertaining.  It  would 
naturally  seem  to  have  had  reference  to  the  restoration 
of  Charles  II.,  and  yet  I  find  among  the  records  no 


THE   UNITED   STATES   OP   AMERICA.  163 

UPON    THE    RESTORATION    OF    CHARLES    II.  PaRT   I. 

more  special  reference  to  that  event  than  that  Sir  "Wil-  Assembly 

T^     1     1        •       i   1     1  ^^  1  •  •     i    ?  5>  of  October 

ham  Berkeley  is  styled  "  his  majesty's  governoiir."         Kjg^, 

It  appears,  from  the  acts*  of  this  session,  that  an  Royal  style 
effort  was  now  being  made  by  the  late  London  com- ^,.110^  r^?^" 
pany,  to  procure  the  restoration  of  their  charter.     To  stored. 
counteract  this  the  assembly  enacted  that — "  Whereas  reviv'e^tlie' 
the  necessity  of  the  countrey  being  in  danger  of  the  London 
oppression  (of  the  latef)  company  and  the  loss  of  our  ■  ^r^^j^j 
liberties,  for  want  of  such  an  agent  in  England  as  is  the  Ms. 
able  to  oppose  the  invaders  of  our  freedoms  and  truly 
to  represent  our  condition  to  his  sacred  majesty,  en- Colonial 
forceth  the  employing  a  person  of  quality  to  present  opposition 
our  grievances  to  his  majesty's  gracious  consideration 
and  endeavour  the  redress,  which  the  right  honourable 
Sir  William  Berkeley,  his   majesty's  governour,  hath 
been  pleased  to  undertake.     Be  it  therefore  enacted, 
that  there  be  raised  by  the  countrey,  the  sum  of  two 
hundred  thousand  pounds  of  tobacco  and  cask,  for  his, 
Sir  William  Berkeley's  support  in  his  voyage  ;  and  that 
payment  be  made  thereof  by  the  twentieth  of  January 
in  York  River  and  James  River,  to  such  persons  as  his 
honor  shall  appoint;  and  that  the  secretary  of  state 
and  speaker  of  the  assembly  sign  a  manifesto  to  the 
governour  of  the  country's    engagement  for  payment 
thereof." 

The  assembly  met  again  in  March,  1661.     The  acts  of  Assembly 
this  session  were  prefaced  as  being  passed  "At  a  grand "(^gj*"^^  ' 
assembly,  summoned  to  be  held  at  James  Citty,  the  gtyjg  of  its 
twenty-third  day  of  March,  in  the  twelfth  year  of  the  session, 
reign  of  our  sovereign  lord,  Charles,  the  second ;  by 
the  grace  of  God,  of  England,  Scotland,  France  and 

*Note.  Henning  places  these  acts  in  the  session  of  March  23d,  1660-01, 
though  he  says  the  MS.  record  dates  them  at  IGGO,  simply.  It  is  impossible 
that  it  could  have  been  the  session  of  March,  1660,  for  that  was  before 
the  restoration  of  the  monarchy.  I  think  the  MS.  is  sustained  by  refer- 
ring the  date  to  the  October  session  of  1660.  Then,  too,  the  date  1660-61, 
may  include  it  as  a  part  of  the  session  of  March,  1660,  which  was  ad- 
journed to  March,  1661. 


164  THE   GOVERNMENTAL   HISTORY   OF 

Part  I.  tirginia, 

-^ssenibly   Ireland,  king,  defender  of  the  faith,  &c.,  and  in  the 

of  March  7  o^  77 

1661.      '  year  of  our  Lord,  1660 — And  from  thence  continued 
Its  pro-      by   prorogation   to   the    twenty-third   day   of    March, 
*^2  Hen-    1661."*     This,  with  the  preamble  to  the  laws  enacted 
ning,  11     at  this  session,  being  historic^,!  in  their  character  and 
references,  form  the  best  illustration  that  can  be  given 
of  the  position  and  relations  of  the  colony  with  the 
government  of  the  mother-country  at  this  time.     The 
preamble  recites, 
The  dis-         "  Whereas,  the  late  unhappy  distractions  caused  fre- 
*™^^^^"^    quent  changes  in  the  government  of  this  countrey,  and 
common-    thosG  produced  so  many  alterations  in  the  laws  that  the 
^^^  ^  '      people  knew  not  well  what  to  obey,  nor  the  judges  what 
to  punish,  by  which  means  injustice  was  hardly  to  be 
avoided,  and  the  just  freedom  of  the  people  by  the 
uncertainty  and  harshness  of  the  laws  hardly  to  be  pre- 
served— This  assembly  taking  the  same  into  their  seri- 
rious  consideration,  and  gravely  weighing  the  obliga- 
tions they  are  under  to  discharge  to  God,  the  king  and 
the  countrey,  have  by  settling  the  laws,  diligently  en- 
deavored to  prevent  the  like  inconveniences ;  by  causing 
the  whole  body  of  the  laws  to  be  reviewed,  all  unneces- 
sary acts  and  chiefly  such  as  might  keep  in  memory 
our  inforced  deviation  from  his  majesty's  obedience, 
of  Colonial  to  bc  repealed  and  expunged ;  and  those  that  are  in 
Laws,  &c.  fQp(,(3  iQ  ]jQ  brought  into  one  volume ;  And  least  any 
prejudice  might  arise,  by  the  ignorance  of  the  times 
from  whence  those  acts  were  in  force,  they  have  added 
the  dates  of  every  act,  to  the  end  that  courts  might 
rightly  administer  justice,  and  give  sentence  according 
to  law,  for  any  thing  happening  at  any  time  since  any 
law  was  in  force ;    and  have  also  endeavored  in  all 
things  (as  near  as  the  capacity  and  constitution  of  this 
countrey  woiild  admit)  to  adhere  to  those  excellent  and 
often  refined  laws  of  England,  to  which  we  profess  and 
Int  ntion    acknowledge  all  due  obedience  and  reverence." 
of  the  re-       "And  that  the  laws  made  by  us  are  intended  by  us 
vision.       ^^^^  ^^  ^^.^^  memorials  of  that  which  the  capacity  of 


The  united  states  op  America.  165 

UPON    THE    KKSTOKATION    OF    CHARLES    II.  PaRT   I. 

our  courts  is  utterly  unable  to  collect  out  of  its  vast  Action  of 
volumes,  though  some  times  perhaps  for  the  diflercnce  il^.^  loeT" 
of  our  and  their  condition  varying  in  small  things,  but 
far  from  the  presumption  of  contradicting  any  thing 
therein  contained:     And,  because  it  is  impossible  to 
honour  the  king  as  we  should  unless  we  serve  and  fear 
Gk)d  as  we  ought,  and  that  they  might  show  their  equal 
care  of  church  and  state,  they  have  set  down  certain  Union  of 
rules  to  be  observed  in  the  government  of  the*  church,  gl^"^*^^*^"^ 
until   God   shall   please   to   turn   his  majesty's   pious 
thoughts ,  towards  us,  and  provide  a  better  supply  of 
ministers  amongst  us. 

"5e  it  therefore  enacted  by  the  governour,  councel  aw6?  Style  of  the 
burgesses  of  this  grand  assembly,  that  all  the  following 
laws  continued  or  made  by  this  assembly  shall  here- 
after be  reputed  the  laws  of  this  country,  by  which  all 
courts  of  judicature   are  to  proceed  in  giving  of  sen- 
tence, and  to  which  all  persons  are  strictly  required  to 
yield  all  due  obedience  ;  and  that  all  other  acts  not  in  All  others 
this  collection  mentioned  be  to  all  intents  and  purposes  fep^'iled. 
utterly  abrogated    and   repealed,  unless  suit  for  any 
thing  done  be  commenced  when  a  law  now  repealed 
was  in  force,  in  which  case  the  producing  that  law  shall 
excuse  any  person  for  doing  any  thing  according  to  the  niug,  41 
tenour  thereof."*  ' 

Without  any  of  those  open  demonstrations  of  loyalty 
erroneously  attributed  to  her  by  different  historians,  it 
is  evident  nevertheless  that  the  colony  of  Virginia 
easily  and  readily  passed  into  a  position  of  allegiance 
to  the  regal  power  now  again  established  over  the 
parent  nation,  and  became  again,  in  all  her  sympathies, 
her  aims,  her  enactments,  and  her  appliances  of  gov- 
ernment and  administration,  a  royal  colony — The  pro- 
ceedings of  her  general  assembly  evince  the  alacrity 
with  which  she  flew  to  the  embraces  of  monarchy,  with 
all  the  eagerness  of  a  long  wandering  child  coming 
back  to  its  dependence  on  the  tender  care  and  endear- 
ing protection  of  a  venerated  parent :     She  volunteers 


166 


THE  GOVERNMENTAL    HISTORY  OF 


Part  I. 


VIRGINIA, 


The  gov- 
ernment 
Burrenders 
itself  back 
to  royalty. 
Royal  style 
of  the  gov- 
ernor re- 
vived. 


Other 
marks  of 
loyalty. 


Allegiance 
to  Charles 
II. 


*  2  Heu- 
ning,  49. 


to  give  to  her  chief  executive  officer  a  style  which 
imports  that  he  holds  his  place  in  subjection  to  the 
crown :  She  dates  the  sessions  of  her  assembly  in  the 
year  of  the  king  instead  of  the  year  of  the  common- 
wealth, reckoning  his  reign  as  if  no  such  usurpation 
had  ever  existed :  She  refers  to  the  years  of  its  exist- 
ence as  years  of  painful  uncertainty  and  suffering, 
wherein  she  was  forced  to  deviate  from  the  path  of 
duty  and  learned  the  bitter  experience  of  an  infant 
orphanage.  An  experience,  by  the  way,  which  for  her 
and  for  those  who  were  thereafter  to  inherit  and  enjoy 
the  government  and  institutions  of  which  she  was  thus 
laying  the  foundation,  fruitful  of  important  events  and, 
oracular  developments. 

But  she  still  further  hallows  her  loyalty  in  the  re- 
vised code  of  laws  established  at  this  session  of  her 
assembly.  She  deprecates  her  "late  surrender  and 
submission  to  the  execrable  power  that  so  bloodily 
massacred  the  late  king  Charles  the  first,  of  6ver 
blessed  and  glorious  memory,"  as  making  her  a  guilty 
participant  in  its  crimes,  and  "  to  show  her  serious  and 
hearty  repentance  andr  detestation  of  that  barbarous 
act,"  she  enacts  "  that  the  thirtieth  day  of  January, 
the  day  the  said  king  was  beheaded,  be  annually  sol- 
emnized with  fasting  and  prayers,  that  our  sorrows 
may  expiate  our  crimes,  and  our  tears  wash  away  our 
guilt." 

She  further  consecrates  her  allegiance  by  acts  of 
gratulation  to  Charles  II.,  and  expresses  her  "thank- 
fulness and  joy "  at  his  restoration,  by  enacting  "  that 
the  twenty-ninth  day  of  May,  the  day  of  his  majesty's 
birth  and  happy  restitution,  be  annually  celebrated  as 
an  holyday ;  "*  while  she  provides  that  the  oaths  of 
supremacy  and  allegiance  should  thereafter  be  admin- 
istered to  all  her  higher  officers,  to  her  inferior  magis- 
trates, and  to  her  ministers  of  religion. 

From  this  period  onward,  the  whole  fabric  of  govern- 
ment and  administration  in  the  colony,  whether  execu- 


THE   UNITED    STATES  OP   AMERICA.  167 

DURING    THE    REIGN    OF    CHARLES    II.  TaKT    I. 

tive,  legislative,  or  judicial;    whether  in  its  civil  or ijcr char- 
ecclesiastical  polity,  was  but  a  miniature  exhibition  of  '^^^^jrjf^^'c 
the  constitutional  forms  of  the  mother  country.     The  and  policy 
provisions  besides    those   I  have  already  alluded  to,  n^eat?^'^'^'^' 
which  developed   her  characteristic  qualities  in  con- 
trast, if  I  may  so  say,  with  those  of  New  England,  had 
reference  more  particularly  to  her  religious  establish- 
ment.    Her  clergy  were  required  to  receive  ordination  Herclergy, 
at  the  hands  of  an  English  bishop,  and  none  but  those 
thus  consecrated  to  the  sacred  office  were  permitted  to 
exercise  its  functions  in  the  colony.     She  provided  by 
law  for  the  establishment  of  parishes,  the  erection  of 
churches,  and  the  ordination,  induction,  support,  and 
suspension  of   ministers.     She  visited  with  fines  and 
banishment  all  those  of  any  other  order,  origin,  or  Church  or- 
denomination,  who  attempted  to  preach   within    her  '^^'^^cea. 
precincts  without  permission.     She  enforced  the  hal- 
lowing of  the  sabbath  and    the    observance  of  holy- 
days  ;  she  regulated  by  statutory  provisions  the  preach- 
ing of  the  gospel,  and  prescribed  and  limited  the  times 
for  administering  and   receiving    the    holy  eucharist 
and  the  rite  of  baptism.     She  also  enacted  that  "  It  is  Religious 
thought  fitt  that  upon  every  Sunday  the  mynister  shall,  t^*<^^"°S' 
halfe  an  houre  or  more  before  evenenge  prayer,  exam- 
ine, catechize,  and  instruct  the  youth  and  ignorant 
persons  of  his  parish,  in  the  ten  commandments,  the 
articles  of  the  belie fe,  and  in  the  Lord's  prayer :  and 
shall  diligentlie  heere,  instruct,  and  teach  the  cate- 
chisme  sett  forthe  in  the  booke  of  common  prayer: 
And  all  fathers,  mothers,  maysters  and  misstrisses  shall  Duties  of 
cause  their  children,  servants,  or  apprentizes,  "^hich  P^Jj^°^. 
have  not  learned  the  catechisme,  to  come  to  the  church  tf'fs  in  ref- 
at  the  tyme  appointed,  obedientlie  to  heare,  and  to  be 
ordered  by  the  mynister  untill  they  have  learned  the 
same.     And   yf   any   of  the    sayd  ffathers,    mothers, 
maysters  and  misstrisses,  children,  servants,  or  appren- 
tizes, shall  neglect  theirc  duties,  as  the  one  sorte  in  not 
causing  them  to  come,  and  the  other  in  refusinge  to 


168  THE  GOVERNMENTAL    HISTORY  OP 

Part  I.  tirgima, 

Her  char-  leame  as  aforesayd,  tliey  shall  be  censured  by  the  corts 
quaiUier    "^    thosc   places    holdcn."      These   duties    were    also 
and  policy  enforced  by  pecuniary  penalties  inflicted   upon  both 
men^^^"^"'  ministers,  parents,  and  masters,  in  case  of  neglect  or 
omission  "without  sufficient  cause  be  shown  to    the 
contrarie."     The  governor  and  all  the  councill  and  bur- 
gesses of  the  assembly  were  ordered,  upon  the  penalty 
of  one  shilling  for  neglect,  "  to  be  present  at  divine 
*Hen-       service  in  the  morning."*     In  a  word,  the  established 
Stauues     cliiii'ch  of  England,  with  its  canons  and  its  ordinances, 
at  large,     its  doctrincs  and  its  discipline  and  forms  of  worship, 
its  fast  and  festival  observances,  was  the  established 
church    of  the  colony  of  Virginia.     Non-conformists 
were  obliged   to   quit  the   country.     Marriages   were 
required  to  be    celebrated  by   a  regularly    ordained 
priest  in  the  parish  church,  upon  publication  of  the 
bans  and  according  to  the  ceremonial  prescribed  in  the 
book  of  common  prayer.     Those  otherwise  celebrated 
were  declared  null  and  void,  the  issue  of  them  pro- 
nounced  illegitimate,  and   the    p?irties    punished    as 
guilty  of  fornication.     The  clergy  were  provided  for 
by  glebes  and  tithes,  non-residence  was  prohibited,  and, 
a  personal,  strict,  and  regular  performance  of  all  parO' 
chial  duties  was  insisted  upon.     The  laws  also  which 
regulated  the  descent  and  distribution  of  estates  were 
conformable  with  the  same  in  England. 
Population     The  peaceful  and  prosperous  rule  of  Sir  William 
dHiorTat    Berkeley  continued,  with  occasional  absences  in  Eng- 
theresto-  land,  down  to  the  year  1677,  making  in  the  whole 
thirty-six  years  from  the  time  of  his  first  appointment 
in  1641.     In  the  mean  while  the  population  of  the 
colony  had  increased  with  a  singular  rapidity,  and  at 
the  time  of  the  restoration  it    numbered  more  than 
thirty  thousand  inhabitants.     The  restrictions  to  which 
they  were  afterwards  subject  by  the  parent  government 
were  but  few,  and  were  not  regarded  with  hostility, 
being  principally  of  a  natiire  to  secure  their  relations 
and  allegiance  to,  and  to  regulate  their  trade  with,  the 


THE  UNITED   STATES  OP  AMERICA.  169 

DURING    THE    UEION    OF    CUARLES    U.  PaKT    I. 

northern  colonies  and  the  mother  country.  Industry 
and  frugality  were  successful  in  all  the  occupations  of 
life,  while  her  commercial  relations  were  so  defined  as 
to  encourage  trade,  to  promote  naval  enterprise,  to 
give  security  and  the  prospect  of  an  improving  revenue 
to  the  mercantile  interests,  and  to  encourage  the  me- 
chanic arts. 

In  the  year  1670,  a  series  of  enquiries  were  pro- Govt 
pounded  to  Sir  William  Berkeley,  by  The  Lords  com-  RepSm 
missioners  of  foreign  plantations,  which  were  returned  ig71. 
to  England,  with  the  answers  of  the  governor  appended 
to  each   interrogatory,  in  the    following   year.     This 
document,  emanating    from  a  man   so   capable,  from 
his  long  residence    in    and    familiarity  with   all    the 
affairs  of  the  colony,  to  give  the  desired  information, 
and  illustrating,  as  it  does,  the  condition  of  the  colony 
at  its  date,  becomes  peculiarly  valuable  as  a  portion  of 
her  governmental  history.     I  give  the  questions  with 
the  answers. 


^^Enquiries  of  the  Governor  of  Virginia, 
propounded  in  1670. 

1.  "What   councils,   assemblies,  and  courts  of  judi- Councils, 
cature,   are   within    your    government,  and   of  what  and  Courts, 
nature  and  kind  ?     Ansiver.     There  is  a  governour  and 
sixteen  counsellors,  who  have  from  his  sacred  majesty, 

a  commission  of  oyer  and  terminer,  who  judge  and 
determine  all  causes  that  are  above  fifteen  pounds 
sterling ;  for  what  is  under,  there  are  particular  courts 
in  every  county,  which  are  twenty  in  number.  Every 
year,  at  least,  the  assembly  is  called,  before  whom  lye 
appeals,  and  this  assembly  is  composed  of  two  bur- 
gesses out  of  every  county.  Tliese  lay  the  necessary 
taxes,  as  the  necessity  of  the  war  with  the  Indians,  or 
their  exigencies,  require. 

2.  What  courts  of  judicature  are  within  your  gov-  Admiralty, 
ernment,   relating  to    the  admiralty?      Answer.      In 
twenty-eight   years    there  has  never  been   one   prize 


170  THE   GOVEENMENTAL   HISTORY   OF 

Part  I.  Virginia, 

Gov'r     ^   brought  into  the  coimtrey,  so  that  there  is  no  need  for 
Report  in  ^  particular  court  for  that  concern. 
1671.  3,  "Wliere  the  legislative  and  executive  powers  of 

Legislative  your  government  are  seated?     Ansiver.     In  the  gov- 

and  execu-  •'  °  i  i  i      «. 

tive  pow-    ernour,  councel,  and  assembly,  and  ofificers  substituted 

^^^'  by  them. 

Laws  and       4.  What  statute  laws  and  ordinances  are  now  anade 

ces.  '  and  in  force?  Answer.  The  secretary  of  this  countrcy 
every  year  sends  to  the  Lord  Chancellor,  or  one  of  the 
principal  secretaries,  what  laws  are  yearly  made  ;  which 
for  the  most  part  concern  only  our  own  private  exigen- 
cies ;  for  contrary  to  the  laws  of  England,  we  never 
did  nor  dare  make  any,  only  this,  that  no  sale  of  land 
is  good  and  legal,  unless  within  three  months  after  the 
conveyance  it  be  recorded  in  the  general  court,  or 
county  courts. 

Military  5.  What  number  of  horse  and  foot  are  within  your 
government,  and  whether  they  be  trained  bands  or 
standing  forces  ?  Answer.  All  our  freemen  arc  bound 
to  be  trained  every  month  in  their  particular  counties, 
which  we  suppose,  and  do  not  much  mistake  in  the  cal- 
culation, arc  near  eight  thousand  horse :  there  are 
more,  but  it  is  too  chargable  for  poor  people,  as  we  are, 
to  exercise  them. 

Castles  and     6.  What  castlcs  and  forts  are  within  your  govern- 

forts.  ment,  and  how  situated,  as  also  what  stores  and  pro- 
visions they  are  furnished  withal  ?  Answer.  There 
are  five  forts  in  the  country,  two  in  James  River,  and 
one  in  the  three  other  rivers  of  York,  Rappahanock  and 
Potomek ;  but  God  knows  we  have  neither  skill  or 
ability  to  make  or  maintain ;  for  there  is  not,  nor,  as 
far  as  my  inquiry  can  reach,  ever  was  one  engineer  in 
the  country,  so  that  we  are  at  continual  charge  to 
repair  unskillful  and  inartificial  buildings  of  that  nature. 
There  is  not  above  thirty  great  and  servicable  guns ; 

powde^r°  tl^is  wc  yearly  supply  with  powder  and  shot  as  far  as 
our  utmost  abilities  will  permit  us. 

Privateers.      7.  What  number  of  privateers  do  frequent  your  coasts 


THE   UNITED   STATES   OP  AMERICA.  171 


DURING    THE    RKIGN    OF    CHARLES   II.  PaUT    I. 

and  neighboring  seas  ;  what   their   burthens  are  ;  the  govV 
number  of  their  men  and  guns,  and  the  names  of  their  ^^f '"^^'j'*^.^'* 
commanders  ?     Answer.     None  to  our  knowledge  since  ig7i. 
the  late  Dutch  war. 

8.  What  is  the  strength  of  your  bordering  neighbors,  Neighbors, 
be  they  Indians  or  others,  by  sea  and  land,  what  cor-  Jj^J^^'*^^' 
respondence  do  you  keep  with  your  neighbors  ?     An- 
swer.    "We  have  no  Europeans  seated  nearer  to  us  than 

St.  Christophers  or  Mexico  that  we  know  of,  except 
some  few  French  that  are  beyond  New  England.  The 
Indians,  our  neighbors,  are  absolutely  subjected,  so  that 
there  is  no  fear  of  them.  As  for  correspondence  we 
have  none  with  any  European  strangers  ;  nor  is  there 
a  possibility  to  have  it  with  our  own  nation  further  than 
our  traffick  concerns. 

9.  What  arms,  ammunition,  and  stores  did  you  find  Arms  and 
upon  the  place,  or  have  been  sent  you  since,  upon  his^^^^^^'y 
majesty's   account ;    when  received  ;    how   employed  ; 

what  quantity  of  them  is  there  remaining  and  where  ? 
Ansiver.     When  I  came  into  the  country,  I  found  one 
only  ruinated  fort,  with  eight  great  guns,  most  unserv-  Great 
icable,  and  all  dismounted  but  four,  situated  in  a  mosts^"^- 
unhealthy  place,   and  where,   if  an   enemy  knew  the 
soundings,  he  could  keep  out  of  the  danger  of  the  best 
guns  in  Europe.     His  majesty,  in  the  time  of  the  Dutch 
war,  sent  us  thirty  great  guns,  most  of  which  were  lost 
in  the  ship  that  brought  them.     Before  or  since  this  we 
never  had  one  great  or  small  gun  sent  us,  since  my  g^j^ii 
coming  hither  ;  nor,  I  believe,  in  twenty  years  before :  s^^- 
all  that  have  been  sent  by  his  sacred  majesty  are  still 
in  the  countrey,  Avith  a  few  more  we  lately  bought. 

10.  What  monies  have  been  paid,  or  appointed  to  be  Arms,  for- 
paid,  by  his  majesty,  or  levied  within  your  government,  ^^cations, 
for  and  towards  the  buying  of  arms  or  making  or  main- 
taining of  any  fortifications  or  castles,  and  how  have 

the  said  monies  been  expended  ?  Answer.  Besides 
those  guns  I  mentioned,  we  never  had  any  monies 
of  his  majesty  towards  the  buying  of  ammunition,  or 


17'2  fHE  GOVERNMENTAL  HISTORY  OP 


Part  I.  Virginia, 


Gov't        building  of  forts.     What  monies  can  be  spared  out  of 
repoti-^iQ^  the  public  revenue,  we  yearly  lay  out  in  ammunition. 
1071.  11.  What  are  the  boundaries  and  contents  of  the 

Bounds,     jg^j^^j  within  your  government  ?     Answer.     As  for  the 
colony.      boundaries  of  our  land,  it  was  once  great,  ten  degrees 
in  latitude,  but  now  it  has  pleased  his  majesty  to  con- 
fine us  to  half  a  degree.     Knowingly  I  speak  this,  pray 
God  it  may  be  for  his  majesty's  service  but  I  much  fear 
the  contrary. 
Products        12.  What  commodities  are  there  of  the  production, 
and  manu-  growth  and  manufacture  of  your  plantation ;  and  par- 
ticularly what  materials  are  there  already  growing,  or 
may  be  produced  for  shipping  in  the  same  ?     Answer. 
Commodities  of  the  growth  of  our  country,  we  never 
Tobacco,    had  any  but  tobacco,  which  in  this  yet  is  considerable 
that  it  yields  his  majesty  a  great  revenue,  but  of  late 
Silk.  "^e  liave  begun  to  make  silk,  and  so  many  mulberry 

trees  are  planted,  and  planting,  that  if  we  had  skillful 
men  from  Naples  or  Sicily  to  teach  us  the  art  of  mak- 
ing it  perfectly,  in  less  than  half  an  age,  we  should 
make  as  much  silk  in  an  year  as  England  did  yearly 
expend  three  score  years  since  ;  but  now  we  hear  it  is 
,^  grown  to  a  greater  excess,  and  more  common  and  vul- 

Shipping.    gar   usage.     Now,   for    shipping,   we   have    admirable 
Iron-ore.    masts  and  very  good  oaks  ;  but  for  iron  ore,  I  dare  not 
say  there  is  sufficient  to  keep  one  iron  mill  going  for 
seven  years. 
Salt-petre.      13.  Whether  salt-petre  is,  or  may  be,  produced  with- 
in your  plantation,  and  if  so,  at  what  rate  may  it  be 
delivered  in  England  ?     Answer.     Salt-petre,  we  know 
of  none  in  the  country. 
Rivers  and     14.  What  rivers,  harbors,  or  roads  are  there  in  or 
harbors,     ^bout  your  plantation  and  government,  and  of  what 
depth  and  soundings  are  they  ?     Answer.     Rivers,  we 
have  four,  as  I  named  before,  all  able,  safely  and  seve- 
Po  ula-      r^l^J)  to  ^^^^  ^'^^  harbor  a  thousand  ships  of  the  great- 
tion,  plant-  est  burtlicn. 
ants^  &c"        1^-  What  number  of  planters,  servants,  and  slaves ; 


THE   UNITED   STATES   OF   AMERICA.  173 

IIURING    THE    RKIGN    OF    CHAULKS    II.  PaKT    I. 

and  how  many  parishes  are  there  in  your  plantation  ?  GovV 
Answer.     We  suppose,  and  I  am  very  sure  we  do  not  JJ;![on2'* 
much  miscount,  that  there  is  in  Virginia  above  forty  i67i. 
thousand  persons,  men,  women  and  children ;  and  of 
which  there  are  two  thousand  black  slaves,  six  tliou- 
Band  christian  servants  for  a  short  time,  the  rest  are 
born  in  the  countrey  or  have  come  in  to  settle  and  seat, 
in  bettering  their  condition  in  a  growing  countrey. 

16.  What  number  of  English,  Scots,  or  Irish,  have  Annual  in- 
fer these  seven  years  last  past  come  yearly  to  plant  and  o^adven^ 
inhabit  within  your  government ;  as  also  what  blacks  or  turers,  &c. 
slaves  have   been   brought   in  within   the  said  time  ? 
Ansiver.     Yearly,  we  suppose  there  comes  in,  of  serv- 
ants, about  fifteen  hundred,  of  which  most  are  English, 

few  Scotch,  and  fewer  Irish,  and  not  above  two  or  three 
ships  of  negroes  in  seven  years. 

17.  What  number  of  people  have  yearly  died,  within  Deaths  an- 
your  plantation  and  government  for  these  seven  years  ^^^^^y- 
last  past,  both  whites  and  blacks  ?     Ansiver.     All  new 
})lantations  are,  for  an  age  or  two,  unhealthy,  till  they 

arc  thoroughly  cleared  of  wood ;  but  unless  we  had  a 
particular  register  office,  for  the  denoting  of  all  that 
died,  I  cannot  give  a  particular  answer  to  this  query ; 
only  this  I  can  say,  that  there  is  not  often  unseasoned 
hands  (as  we  term  them)  that  die  now,  whereas  hereto- 
fore not  one  of  five  escaped  the  first  year. 

18.  What  number  of  ships  do  trade  yearly  to  and  Ships  and 
from  your  plantation,  and  of  what  burthen  are  they  ?  *'''^^®' 
Ansiver.     English  ships,  near  eighty  come  out  of  Eng- 
land and  Ireland  every  year  for  tobacco  ;  few  New-Eng- 
land ketches  ;  but  of  our  own,  we  never  yet  had  more 

than  two  at  one  time,  and  those  not  more  than  twenty 
tons  burthen. 

19.  What  obstructions  do  you  find  to  the  improve- impedi- 
ment of  the  trade  and  navigation  of  the  plantations  "^^nts  to 

"  ^  commerce. 

Within  your  government?     Ansiver.     Mighty  and  de- 
structive, by  that  severe  act  of  parliament  which  ex- Navigation 
eludes  us  the  having  any  commerce  with  any  nation  °''^^' 


174 


THE   GOVERNMENTAL   IIIoTORY   OF 


Part  I. 


VIRGINIA, 


Gov'r 
Berkeley's 
report  in 
1671. 


Disloyalty 
of  New- 
England. 

Improve- 
ments in 
trade,  &c. 


Duties  on 
exports 
and  im- 
ports. 


Salary  of 
the  gov- 
ernor. 


Revenue 
to  the 
king. 


in  Europe  but  our  own,  so  that  we  cannot  add  to  our 
plantation  any  commodity  that  grows  out  of  it,  as  olive 
trees,  cotton  or  vines.  Besides  this,  we  cannot  pro- 
cure any  skillful  men  for  one  now  hopeful  commodity, 
silk,  for  it  is  not  lawful  for  us  to  carry  a  pipe  stave,  or 
a  barrel  of  corn,  to  any  place  in  Europe  out  of  the 
king's  dominions.  If  this  were  for  his  majesty's  serv- 
ice, or  the  good  of  his  subjects,  we  should  not  repine, 
whatever  our  sufferings  are  for  it,  but,  on  my  soul,  it 
is  the  contrary  for  both.  And  this  the  cause  why  no 
small  or  great  vessels  are  built  here  ;  for  we  are  most 
obedient  to  all  laws,  whilst  the  New-England  men  break 
through  and  men  trade  to  any  place  that  their  inter- 
ests lead  them. 

20.  What  advantages  or  improvements  do  you  ob- 
serve that  may  be  gained  to  your  trade  and  navigation  ? 
Answer.  None,  unless  we  had  liberty  to  transport  our 
pipe  staves,  timber  and  corn,  to  other  places  besides  the 
king's  dominions. 

21.  What  rates  and  duties  are  charged  and  payable 
upon  any  goods  exported  out  of  your  plantation, 
whether  of  your  own  growth  or  manufacture,  or  other- 
wise, as  also  upon  goods  imported  ?  Answer.  No 
goods,  either  exported  or  imported,  pay  any  the  least 
duties  here,  only  two  shillings  the  hogshead  on  tobacco 
exported,  which  is  to  defray  all  public  charges ;  and 
this  year  we  could  not  get  an  account  of  more  than 
fifteen  thousand  hogsheads,  out  of  which  the  king 
allows  me  a  thousand  yearly,  with  which  I  must  main- 
tain the  port  of  my  place,  and  one  hundred  interven- 
ing charges  that  cannot  be  put  to  public  account.  And 
I  can  knowingly  affirm,  that  there  is  no  government  of 
ten  years'  settlement,  but  has  thrice  as  much  allowed 
him.  But  I  am  supported  by  my  hopes  that  his  gra- 
cious majesty  will  one  day  consider  me. 

22.  What  revenues  do  or  may  arise  to  his  majesty 
within  your  government,  and  of  what  nature  is  it ;  by 
whom  is  the  same  collected ;  and  how  answered  and 


THE   UNITED    STATES   OP   AMERICA.  176 " 

DURING    THE    REIGN    OK    CIIAULES    II.  TaUT    I. 

accounted  to  his  majesty  ?  Answer.  There  is  no  rev- 
enue arising  to  his  majesty  but  out  of  the  quit-rents ; 
and  tliis  he  hath  given  away  to  a  deserving  servant,  Col. 
Henry  Norwood. 

23.  Wliat  course  is  taken  about  the  instructing  the  Parishes, 
people  within  your  government  in  the  christian  relig-  ^7  thT" 
ion;  and  what  provision  is  there  made  for  the  paying ticrgy,  ed- 
of  your  ministry  ?     Answer.     The  same  course  that  is 
taken  in  England  out  of  towns ;  every  man  according 
to  his  ability  instructing  his  children.     We  have  forty- 
eight  parishes,  and  our  ministers  are  well  paid,  and  by 
my  consent  should  be  better  if  they  would  pray  oftener 
and  preach  less.     But  of  all  other  commodities,  so  of 
this,  the  worst  are   sent  us,  and  we  had  few  that  we 
could  boast  of  since  the  persecution  in  Cromwell's  tyr- 
anny drove  divers  worthy  men  hither.     But,  I  thank 
God  there  are  no  free  schools  nor  printing,  and  I  hope 
we  shall  not  have  these  hundred  years;*  for  learning  *  2  Hon- 
has  brought  disobedience  and  sects  and  heresy  into  the  ^^^^' 
world,  and  printing  has  divulged  them.     God  keep  us 
from  both." 


On  the  twenty-fifth  day  of  February,  in  the  year 
1673,  Charles  II.  made  a  grant  of  the  whole  colony  of  the  crown 
Virginia  to  Lords  Arlington  and  Culpeper,  two  of  his  ^^i^^^^foQ 
favorites,  for  the  terni  of  thirty-one  years.     This  strange  and  Cul- 
and  improvident  act  invested  the  patentees  with  a  pro-peb^^ig'^s  1 
prietary  title  and  government  over  the  country.     It 
was  exceedingly  irritating  to  the  people  of  the  colony ; 
it  gave  rise  to  great-  discussion  and  excitement  and 
tested  their  loyalty  almost  beyond  the  limit  of  endur- 
ance.    The  agitation  found  its  fittest  out-break,  where  ^     „ 

11  1  ,,      -1.  1     i>    •       1      1  Tt3  effect 

all  such  matters  were  usually  disposed  01,  in  the  house  in  the  col- 

of  burgesses.     Tlie  first  act  of  the  grand  assembly  held  °">'' 

in  September,  1674,  and  which  had  been  prorogued  to 

this  date  from  October  of  the  previous  year,  is  pointed 

in  its   reference  to  this  subject.     It  was   entitled  as 

follows : . 


176  THE  GOVERNMENTAL    HISTORY   OF 

Part  I.  Virginia, 

The  grant       "J^^  act  for  an  address  and  application  to  be  made  to 

to  Lords        7      ,  .      ,  .  ti  1  ■      1 

Arlington  t'le  fcmg-  s  viost  excellent  majesty^    and  recited 
and  Cui-         u  "Whereas  this  grand  assembly  are  deeply  sensible 
of   the  many  and  grievous   pressures  that  are   daily 
Proceed-    growing  and  still  likely  to  grow,  and  be  imposed  upon 
upon  by     the  inhabitants  of  this  his  majesty's  royal  colony  of 
assembly    Virginia,  by  certain  Lords  patentees,  who  under  colour 
of  Sept.     and  pretence  of  promoting  the  good  of  the  colony  and 
augmenting  his  majesty's  revenues  have  obtained  cer- 
tain letters  pattents  and  grants  derogating,  and  in  preju- 
dice of,  many  royal  concessions  and  grants  from  time  to 
time  made  by  his  majesty,  and  his  royal  progenitors,  in 
Its  effect    f'^'^oi'  to  tl^i^  colony,  all  which,  as  justly  may  be  feared, 
upon  their  the  said  lords  by  their  deputies  and  ministers  will  en- 
interests,    deavor  to  make  void  and  of  none  effect,  by  imposing 
new  rents  and  services,  altering  the  form  of  our  ten- 
ures, compelling  to   new   surveys   and  new  pattents, 
imposing  fines  and  compositions  on  surplusages,  lands 
and  lapses,  at  their  will  and  pleasure,  by  nomination  of 
sheriffs,  escheators,  surveyors,  and  other  officers ;  and 
in  effect  divesting  the  government  of  those  just  powers 
and  authorities  by  which  this  colony  hath  hitherto  been 
kept  in  peace  and  tranquility,  and  all  men's  rights  and 
properties  duly  administered  and  preserved  unto  them. 
Resolution      "  And  ivhereas  this  grand  assembly,  on  great  delib- 
dress"to  "  eration,  have  considered  by  what  convenient  ways  and 
the  king,    means  those  agrievances  might  be  removed ;  how  our 
liberties,  privileges,  immunities,  rights  and  properties, 
might  be  had,  made,  and  established  to  us  and  our  pos- 
terity ;  have  thought  ptt  that  a  humble  supplication  be 
made  to  his  sacred  majesty,  by  this  grand  assembly, 
in  the  name  of  this  his  majesty's  most  loyal  colonies, 
setting  forth  as  well,  by  what  royal  grants  and  conces- 
sions his  majesty  and  his  royal  progenitors,  have,  from 
time  to  time,  been  graciously  pleased  to  indulge  this 
colony ;  the  grievous  pressures  likely  to  grow  upon  us 
by  reason  of  the  late  grants  to  the  lords ;  that  his  maj- 
esty would  be  graciously  pleased  to  revoke  the  said 


THE  UNITED    STATES   OF   AMERICA.  177 


DURING    THE    RKIGN    OF    CHARLKS    II.  PaRT    I. 

grants  to  the  said  lords  ;  and  for  securing  us  from  our  Action  on 
fears,  in  time  to  come,  of  being  removed  from  liis  maj-  toYordf 
csty's  immediate  protection,  to  confirm  our  liberties,  Arlington 

.    .,  .  .   .  .        '  ,  .  „  and  (Jul- 

privilegcs,  immunities,  rights,  and  properties  as  aiore- pcpcr, 
said,  hy  his  majesty's  royal  charter ;  and  that  certain '""^J''' ^^^'*- 
gentlemen  in  whose  honor,  integrity  and  care,  for  pro- 
moting the  good  of  this  country,  this  grand  assembly 
have  a  just  confidence,  be  desired  to  address  them- 
selves to  his  majesty  in  the  name  of  this  colony,  and  to 
negotiate  in  England,  all  other  public  affairs  of  this 
country. 

"  And  because  it  is  manifest  that  a  work  of  this  Provision 
nature  is  not  to  be  undertook  or  effectually  prosecuted.  It"  repear 
without  money,  and  that  we  be  not  imprudently  want- 
ing to  ourselves  in  a  matter  of  so  great  importance, 
this  grand  assembly  have  thought  fitt  that  a  sum  of  Levy  of 
money  be  raised  of  and  from  the  inhabitants  of  this  therdbr. 
countrey  to  be  used",  employed,  and  expended  towards 
the  accomplishment  of  the  ends  and  purposes  afore- 
said ;  Be  it  therefore  enacted,  by  the  governour,  councel, 
and  burg-esses  of  this  grand  assembly,  and  by  the  author- 
ity thereof,  that  fifty  pounds  of  tobacco  besides  cask 
and  salary,  be  levied  of  and  from  every  tithable  person 
within  this  colony  this  present  year ;  And  fifty  pounds 
of  tobacco  besides  cask  and  salary  the  next  year ;  And 
that  this  be  disposed  of  to  several  undertakers  at  the 
rate  of  eight  shillings  per  cent,,  for  producing  money  *  Appor- 
as  aforesaid  for  accomplishing  the  ends  and  purposes  ^^^^^J,  ^ 
aforesaid  in  manner  and  form  following,"  <fec.*  '"ent. 

Pursuant  to  the  provisions  of  tliis  act  three  agents 
were  appointed,  Col.  Francis  Morryson;  Thomas  Lud- 
vjell,   secretary;    and   Major    General   Robert    Smith ; ^^^^H'^^ 

Earlv  in  tlie  next  year  they  opened  the  negotiation  for  negotiate 
■  .  its  repeal, 

the  repeal  of  the  obnoxious  grant,  and  for  a  new  char- 
ter to  the  colony,  by  submitting  sundry  "  heads "  as 
the  basis  of  their  propositions ;  accompanying  each 
with  appropriate  explanations :  The  propositions  for  a 
new  charter  were, 
12 


178 


THE   GOVERNMENTAL    HISTORY   OP 


Part  I. 


VIRGINIA, 


Negotia- 
tion and 
proposi- 
tions for  a 
new  char- 
ter, 1675. 


Power  of 
granting 
lands. 


Their  de- 
pendence 
upon  tlie 
Crown. 


Object  of 
this  prop- 
osition. 


Titles  to 
lands. 


"  1st  Head.  That  Virginia  may  be  enabled,  by  the 
king's  letters  pattents,  by  the  name  of  "  governour, 
councel  and  burgesses  "  to  purchase  and  hold  the  grant 
of  the  northern  neck  or  tract  of  land  between  the  E.ap- 
pahanock  and  Potomack  rivers,  which  had  been  con- 
veyed to  the  Earl  of  St.  Albans,  Lord  Culpeper  and 
others. 

' '  Explanation  of  the  first  head.  That  by  incorporating 
the  governour,  councel,  and  burgesses,  (a  term  which 
they  disapprove  of,  if  any  better  mode  could  bo 
devised,)  they  only  wish  that  they  may  have  capacity 
to  purchase  two  grants  which  had  been  made  of  the 
northern  neck,  and  which  excited  great  uneasiness 
among  the  people  ;  that  the  power  of  granting  the 
lands  within  that  territory  may  reside  in  the  governour 
and  councel  as  formerly ;  and  that  the  colony  of  Vir- 
ginia may,  after  the  purchase,  enjoy  the  quit-rents  and 
escheats  in  the  same  manner  as  the  patentees,  they 
being  the  only  source  from  which  the  colony  can  be 
reimbursed  their  purchase  money. 

"  Id  Head.  That  the  people  of  Virginia  may  bo 
assured  that  they  shall  have  no  other  dependence  but 
on  the  crown,  nor  be  cantonized  into  parcels  by  grants 
made  to  particular  persons.  And  to  prevent  surrepti- 
tious grants,  that  none  be  made  for  the  future,  till  the 
king  shall  have  received  information  from  the  gov- 
ernour and  councel  of  Virginia,  as  to  the  propriety  of 
making  them. 

"  Explanation  of  the  second  head.  Nothing  more  is 
intended  by  this  head,  than  that  the  people  of  Virginia 
should  rely  on  the  crown  alone  for  protection.  No 
unlimited  power  is  asked  for,  nor  any  grant  which 
shall  lessen  the  authority  of  the  king. 

"  3f/  Head.  That  all  lands  may  be  assured  to  the 
present  possessors  and  owners  thereof. 

'■''Explanation  of  the  third  head.  This,  the  agents 
consider  essential  to  the  peace  and  welfare  of  the 
colony.     The  inhabitants,  in  confidence  of  their  grants, 


THE   UNITED   STATES   OP  AMERICA.  179 

DURING    THE    REIGN    OF    CHARLES    II.  PaRT    I. 

having  expended  their  estates  in  the  improvements  of  Ncgotia- 
thcir  lands,  it  is    all  important  that   they  should  be  |;°J'p^^".^ 
assured  of  their  titles.     The  agents  also  pray  that  the  tious  for  a 
usual  allowance  of  fifty  acres  of  land  for  each  person  "^fj.^  1075? 
imported,  which  experience  had  proved  to  be  so  bene- 
ficial, may  be  continued. 

"  4:th  Head.     That  all  lands  held  by  right  of  adminis-  Possession 
tration,  acquisition,  or  other  customary  title,  which  in  ej lands, 
strictness   of    the  law   might   be    escheated,   may   be 
assured   to   the   possessors ;    the    escheators    for   the 
crown  taking  only  two  pounds  of   tobacco  per  acre, 
according  to  a  former  composition,  for  escheats. 

^^Explanation  of  the  fourth  head.  It  having  been  Necessity 
discovered,  on  enquiry,  that  a  great  number  of  the  ^^^^^^gj^j^ 
inhabitants  held  their  lands  by  right  of  administration 
and  other  colorable  titles,  which,  for  want  of  heirs, 
were  by  law  escheated  to  the  crown ;  the  governour  and 
councel  with  the  advice  of  the  grand  assembly,  in 
order  to  avoid  the  inconveniences  which  should  result 
from  disturbing  so  many  possessions,  established  a  gen- 
eral composition  for  escheats  at  the  above  rate.  As  no 
emolument  could  accrue  to  the  crown  from  granting 
those  lands  to  new  adventurers,  the  agents  pray  that 
the  possessors  may  be  quieted  in  their  titles. 

"  blh  Head.     That  the  governour  and  councel  may  be  Hesidcnce 
residents  in  the  colony ;  and  that  the  deputy  governour,  emor  and 
in  the  absence  of  the  governour,  may  be  one  of  the  Council, 
councel,  and  such  as  has  an  estate  and  interest  in  the 
countrey. 

'"'■  Explanation  of  the  fifth  head.  This  is  not  a  newxaturcof 
proposition,  nor  does  it  arise  from  groundless  fears.  It^l*'.*  propo- 
is  no  more  than  is  contained  in  the  commissions  of  all 
the  governours  since  the  foundation  of  the  government ; 
and  is  only  intended  to  guard  against  the  powers  of  the 
government  devolving  upon  strangers  who  have  no 
interest  in  the  country,  during  the  absence  of  the  gov- 
ernour, and  that  the  king  himself  may  have  a  better 
account  of  the  countrey. 


180 


THE   GOVERNMENTAL   HISTORY   OP 


Part  I. 

Negotia- 
tion and 
proposi- 
tions for  a 
Qew  Char- 
ter, 1675. 
Judicial 
powers. 


Taxes. 


Reasons 
for  tliis 
proposi 
lion. 


VIRGINIA, 


Taxation 

without 

consent. 


Conceded 
by  James 
I. 


"  Qth  Head.  That  the  governour  and  councel,  or  a 
quorum  of  them,  may  be  fully  empowered  by  charter 
to  hear  and  determine  all  treasons,  misprisions  of 
treason,  murders  and  felonies  ;  since  the  government, 
being  so  remote,  ought  to  be  armed  with  such  powers. 

'■'■Explanation  of  the  sixth  head.  Nothing  more  is 
intended  by  this  than  that,  instead  of  a  commission  of 
oyer  and  terminer,  there  may  be  a  standing  provision 
in  the  charter  conferring  such  powers. 

"  1th  Head.  That  there  shall  be  no  tax  or  imposition 
laid  on  the  people  of  Virginia  but  according  to  their 
former  usage,  by  the  grand  assembly,  and  no  otherwise. 

^''Explanation  of  the  seventh  head.  1.  The  agents 
hope  that  this  request  will  not  be  deemed  immodest, 
when  it  is  considered  that  both  the  acquisition  and 
defence  of  Virginia  have  been  at  the  charge  of  the 
inhabitants ;  and  that  the  people,  at  that  time,  were  at 
the  expense  of  supporting  not  only  the  government 
but  the  governour,  which  occasioned  their  taxes  to  be 
very  high,  and  which  must  every  year  increase  with 
the  growth  of  the  countrey." 

^^And  further,  As  to  the  point  whether  the  Virgin- 
ians are  in  reason  to  be  assured  under  his  majesty's 
great  seal,  that  they  shall  not  be  taxed  without  their 
own  consent — 

"1.  It  is  humbly  conceived,  that  if  his  majesty 
deduce  a  colony  of  Englishmen  by  their  own  consent 
(or  otherwise  he  cannot)  or  license  or  permit  one  to 
be  deduced,  to  plant  an  uncultivated  part  of  the  world, 
such  planters  and  their  heirs  ought  to  enjoy  by  law  in 
such  plantation,  the  same  liberties  and  privileges  as 
Englishmen  in  England ;  such  plantation  being  but  in 
nature  of  an  extension  or  dilation  of  the  realm  of 
England. 

"  2.  King  James  did,  by  the  charter  to  the  treas- 
urer and  company,  declare  that  their  posterity  and 
descendants  born  in  Virginia,  should  be  taken  as 
natural  born  subjects  of  England ;  (as  in  truth,  without. 


THE  UNITED    STATES   OP   AMERICA.  181 


nUKING    THE    REIGN    OF    CHAKLES    II.  PaUT    I. 

any  declaration  or  grant,  tlicy  ought  by  law  to  be,)  Negotia- 
which  charter,  although  for  the  misgovernment  of  the  \]^!^[^'^^ 
company  it  were  demanded  in  a  quo  warranto,  yet  did  tions  for  a 
the  said  king  forthwith  promise  and  declare,   that  ater,  1075? 
charter  should  be  renewed  with  the  former  privileges 
to  the  planters,  at  whose  instance  and  for  whose  sake 
the  former  chai-ter  was  called  in. 

"  3.  Neither  his  majesty  nor  any  of  his  ancestors,  or  Ancient 
predecessors,  have  ever  offered  to  impose  any  tax  upon 
this  plantation,  without  the  consent  of  his  subjects  here. 

"  4.  Nor  upon  any  other  plantation,  how  much  less  Tsagc  in 
soever    deserving   of    or   considerable    to    the  crown,  colonies. 
New  England,  Maryland,  Barbadoes,  &c.,  are  not  taxed 
but  of  their  consent. 

"  5.  As  to  their  land,  the  Virginians  are  freeholders 
in  common,  as  of  the  Manor  of  East  Greenwich. 

"6.  Their  goods,  the  product  of   the   industry   of  Revenue  to 
themselves  and  servants,  being  the  principal  part  of    ^  ^"^' 
their  estates,  (in  respect  whereof  their  lands  are  of  con- 
siderable value,)  yield  to  the  king,  in  his  customs,  at 
least  one  hundred  thousand  pounds  per  annum. 

"  7.  The  acquisition  and  defence  of  the  countrey  was.  Expenses 
and  is,  by  the  blood  and  treasure  of  the  former  and  pres-[he  coun-^ 
ent  planters  and  seaters ;  never  costing  the  crown  of  *''y- 
England  anything  in  all  their  way. 

"  8.  Their  taxes  already  are,  and  must  continue.  Present 
high  upon  them  for  the  maintenance  and  support  of  the  taxes. 
government,  execution  of  law  and  justice,  and  defence 
and  ornament  of  the  countrey  ;  erecting  and  endowing 
of  churches ;  maintenances  of  ministers  of  English 
ordination,  doctrine  and  liturgy ;  building  and  furni- 
ture of  ports,  ships  of  war,  towns,  &c. 

"9.  Their  course  of  taxing  (which  is  ever  only  per  Value  of 
poll)  showeth  how  far  the  personal  industry  of  the '"  "^  '^^' 
people  is  and  ought  to  be  valued  above  their  lands  and 

stocks.  Exemption 

"10.  The  petitioners  have  an  express  charge  to  insist  ,[Q^\,jf^*' 
on   this    particular,  and  since  they    find   their  right  listed. 


182  THE   GOVERNMENTAL    HISTORY   OF 

Part  I.  Virginia, 

Negotia-  herein  to  be  questioned,  they  find  it  necessary  to  liave 
proposi-  *^^^^  particular  cleared,  and  the  referees  herein  satisfied 
tions  for  a  before  they  proceed  to  any  other. 

ter,  1675.       ^th  Head.     A  confirmation,  by  charter,  of  the  au- 
thority of  the  grand  assembly,  consisting  of  governour, 
councel,  and  burgesses. 
Continu-         ^Explanation  of  the  Sth  head.     That  is,  in  effect,  only 
present  ^'^''^^  ask  that  the  laws  made  in  Virginia,  may  be  of  force 
govern-      and  valuc,  since  the  legislative  power  has  ever  resided 
in  an  assembly  so  qualified  ;  and  by  fifty  years  experi- 
ence had  been  found  a  government  more  easy  to  the 
people  and  advantageous  to  the  crown ;  for,  in  all  that 
time,  there  had  not  been  one  law  which  had  been  com- 
plained of  as  burthensome  to  the  one,  or  prejudicial  to 
The  king's  the  prerogative  of  the  other.     And  though  the  king 
of^their      ^^^^  always  a  negative,  by  his  governour  ;  yet  the  colo- 
laws.         iiists  would   not  object   to   the  king's   exercising   the 
power  of  disannulling  a  law,  so  that  his  dissent  be  sig- 
nified within  two  years  after  the  enacting  of  it.     For 
*  2.  Hen-    wliicli  purpose  the  laws  should  be  annually  transmitted 
ning,  523- to  one  of  his  principal  secretaries  of  state."* 

-^ 

These   propositions   were  submitted   to  parliament 
and    on  the  twenty-fifth  day  of  June,  they  were  re- 
ferred by  the  lords  of  the  committee  for  foreign  planta- 
tions to  the  king's  attorney  and  solicitor  general.    They 
reported  them  back  to  the  same  committee  on  the  elev- 
enth of  October  following,  who  submitted   the   same 
Report  of  report  to  the  king,  making  it  their  own  by  a  change  of 
and  action  the  phraseology,  substituting  the  words  "  your  majesty" 
of  the       fQj.  tj-^^j  -^ords  "  his  majesty."     The  report  is  embodied 
council      in  the  action  of  the  king  and  councel  thereupon  which 
thereupon,  ^^g  as  follows  : 

"At  the  Court  at  Whitehall,  November  29th,  1G75. 
Present,  the  king'''s  most  excellent  majesty,  etc. : 
Whereas  the  right  honorable  the  lords  of  the  com- 
mittee for  forrain  plantations,  did  this  day  present  to 
his  majesty  in  councel,  a  report  touching  a  grant  to  be 


THE   UNITED   STATES   OP   AMERICA.  183 

DURING    THK    KEIGN    OF    CHARLES    II.  PaRT    I, 

past  unto  his  majesties  subjects  of  Virginia  in  the  words  Action  of 
following :  S' ^"'"-i 

^^Majj  it  please  your  Majesty.     The  petition  of  Francis  "po"  the 
Morryson,  Thomas  Ludwell  and  Robert  Smith,  agents  for  the  com- 
the  governour,  councel,  and  burgesses  of  the  countrey  ™'"*^'^' 
of  Virginia  and  territory  of  Accomac,  being  by  your 
majesties  most  gracious  order,  in  council,  of  the  23d 
June  last  past,  referred  to  your  majesties  attorney  and 
solicitor  general,  who  were  to  consider  thereof,  as  also 
of  a  paper  annexed,  containing  more  fully  the  heads  of  The 
what  they  humbly  proposed,  and  then  to  report  unto  us  report, 
their  opinion  on  the  same,  as  to  the  conveniency  thereof, 
in  respect  of  your   majesties    service ;  and  we  having 
seen  and  examined  the  said  report,  bearing  date  the 
12th  instant,  are  upon  the  whole  matter  humbly  of  the 
opinion,  that  it  will  not  only  be  for  your  majesties  serv- 
ice, but  for  the  increase  of  the  trade  and  growth  of  the 
plantations  of  Virginia,  if  your  majesty  shall  be  pleased 
to  grant  and  confirm,  under  your  great  seal  of  England, 
unto  your  subjects  of  Virginia,  the  particulars  follow- 
ing, as  of  your  majesties  free  grace  and  goodness  to 
them  : 

1.  That  your  majesty  will  enable  the  governour,  coun- Power  to 
eel,  and  commonalty  of  Virginia,  to  purcliase  the  lands,  ^"^nt  ^r 
&c.,  contained  in  the  grant  to  the  Earl  of  St.  Albans,  Lord' 
Lord  Culpeper,  and  others,  and,  as  to   that   purpose  g"  aT' of 
only,  to  be  made  a  corporation,  to  purchase  and  retain '^°''^^^''° 
the  same,  with  a  non  obstante  to  the  statute  of  mort- 
maine. 

2.  That  the  inhabitants,  your  majesties  subjects  there,  Depend- 
may  have  their  immediate  dependence  upon  the  crown  crown°o?* 
of  England,  under  the  jurisdiction  and  rule  of  such  England, 
governor  (or  government>  as  your  majesty,  your  heirs 

and  successors  shall  appoint. 

3.  That  the  governor,  for  the  time  being,  shall  be  Governor 
"resident  in  the  country,  except  your  majesty,  your  heirs  *^°j^®/®^'" 
and  successors  shall,  at  any  time  command  his  attend- "Virginia., 
ance  in  England,  or  elsewhere  ;  in  which  case  a  deputy 


184  THE  GOVERNMENTAL   HISTORY   OP 

Part  I.  tikginia, 

Action  of  shall  be  chosen,  to  continue  during  the  absence  of  such 
in^couucil  govemop,  in  manner  as  hath  formerly  been  used,  unless 
upon  the  your  majesty  shall  be  pleased  to  nominate  the  deputy, 
the  com-  wlio  is  to  be  One  of  the  councel,  but  if  any  governor 
nnttee  i^appen  to  dye,  then  another  to  be  chosen  as  hath  been 
Deputy  formerly  used,  to  continue  till  your  majesty,  your  heirs 
*°^  and  successors,  shall  appoint  a  new  governor. 

successor. 

Exemption     4.  That  no  manner  of  imposition  or  taxes  shall  be 
from  taxa-  j^id  or  imposed  upon  the  inhabitants  and  proprietors 
there,  but   by  the  common  consent  of  the  governor, 
councel,  and  burgesses,  as  hath  been  heretofore  used ; 
Proviso,     provided  that  this  concession  be  no  bar  to  any  imposi- 
tion that  may  be  laid,  by  act  of  parliament  here,  on 
the  commodities  which  come  from  that  country. 
Granting        5.  That  your  majesty,  your  heirs  and  successors,  will 
bv  the^^    ^^^^  ^^^  ^^^^  future,  grant  any  lands  in  Virginia  under 
king.         your  great  seal,  without  first  being  informed  by  the 
governor  and  councel  there,  for  the  time  being,  or  some 
person  by  them  impowered,  whether  such  grant  will 
not  be  prejudicial  to  the  plantations  there. 
Confirma-       g.  That  all  lands  now  possessed  by  the  planters  or 
titles,         inhabitants,  may  be  confirmed  and  established  to  them  ; 
provided  it  alter   not  the   property  of  any  particular 
man's  interest  in  any  lands  there. 
Fifty  acres     7.  That,   for   the    encouragement  of   such  of  your 
emflrant.   majesties  subjects  as  shall,  from  time  to  time,  go  to 
dwell  in  the  said  plantation,  there  shall  be  assigned  out 
of  the  lands  (not  already  appropriated)  to  every  per- 
son so  coming  thither  to  dwell,  fifty  acres,  according  as 
hath  been  used  and  allowed  since  the  first  plantation. 
Composi-        8.  That  all  lands  possesst  by  any  subject  inhabiting 
SaL.    in  Virginia,  which  have  escheated,  or  shall  escheat,  to 
your  majesty,  may  be  enjoined  by  such  inhabitant  or 
possessor,  he  paying  two  pounds  of  tobacco  composi- 
tion for  every  acre,  which  is  the  rate,  in  that  behali, 
set  by  the  governor,  authorized  to  do  the  same,  by  your 
majesties  instructions, 
treason  9.  That  the  governor  and  councel,  or  a  certain  quo- 


THE   UNITED    STATES   OP   AMERICA.  185 


UUUING    THE    KEIUN    OF    CHARLES    U.  PaRT    I. 

turn  of  thorn,  may  be  empowered  to  try  all  treasons,  murder 
murders,  fclloiiies  and    other  misdemennors,  provided '^^^^^'^^°' 
they  proceed  in  such  trials,  as  near  as  may  be  to  the  Proviso, 
laws  of  England  :  the  governor  to  have  power  of  par-  Pardoninn- 
doning  all  crimes,  unless  murther  or  treason  ;  and  in  power, 
these,  if  he  see  occasion,  to  give  reprieve,  until  he  shall 
have  laid  the  state  of  the  fact  before  your  majesty,  and 
received  your  royal  determination  therein. 

10.  That  the  power  and  authority  of  the  grand  as-  Power  of 
sembly  consisting  of  governor,  counccl  and  burgesses,  S''*^"*!  °-^' 
may  be  by  your  majesty  ratified   and   confirmed ;  pro- 
vided that  your  majesty  may  at  your  pleasure  revoak  Of  king  to 
any  law  made  by  them,  and  that  no  law  so  revoaked  i^^^g 
shall,  after   such   revoakation,  and  intimation  thereof 
from  hence,  be  further  used  or  observed. 

All  which  is  hereby  submitted  to  your  majesties  de- 
termination." 

"CoQNCEL  Chamber,  the  19th  of  November,  1575. —  Report 
His  majesty  having  considered  the  said  report,  and  be-  ^nd  new 
ing  greatly  inclined  to  favour  his  said  subjects  of  Vir- charter 

ordered 

ginia,  and  to  give  them  all  due  encouragement,  have 
thought  fitt  to  approve  and  confirm  the  same,  and  Mr. 
Attorney  general  and  Mr.  Solicitor  general,  are  hereby 
required  to  prepare  a  bill  for  his  majesties  signature  in 
order  to  the  passing  of  letters  pattents  for  the  grant, 
settlement  and  confirmation  of  all  things  according  to 
the  direction  of  the  said  report,  but  paring  the  words 
and  manner  of  expression  so  as  may  be  most  suitable 
to  the  forme  of  law  in  such  cases  accustomed,  and  to 
the  petitioners  relief." 

In  pursuance  of  this  order  of  the  king,  a  corporate  The  order 
charter  was  subsequently  prepared  and  was  in  progress  gacolff*'^ 
through  the  offices  of  state,  but  before  it  was  definitively  rebellion, 
arranged  the  news  of  "  Bacon's  Rebellion"*  arrested  its 


*  Nathaniel  Bacon,  the  younger.  His  rebellion  was  short-lived,  and 
had  no  other  material  effect  on  the  condition  of  the  colony  than  as 
it  affected  the  Charter  appHed  for.  He  made  a  public  acknowledgment 
of  his  guilt,  and  sued  for  pardon,  June  9,  1676.     Many  prominent  actors 


186  THE   GOVERNMENTAL   HISTORY   OP 

Part  I.  Virginia. 

Further      execution,  and  had  the  effect  of  materially  changing  its 

negotia-      provisions. 

tions  for  a  ^  __ .         ^ .  . 

charter,  Tlic  Order  of  the  King  directing  the  Articles  reported 
1675-6.  1^^  ^^^^  j^^.^g  ^f  ^2^g  commissioners  for  foreign  planta- 
tions to  be  transcribed  and  passed  into  a  charter  was 
probably  prompted  by  his  grateful  recollection  of  the 
loyalty  with  which  the  colonists  of  Virginia  had  defend- 
ed and  adhered  to  the  rights  of  the  crown  during  the 
suspension  of  the  regal  power  under  the  commonwealth, 
and  at  the  restoration.  Soon  after  its  publication  was 
defeated  by  the  disturbances  of  Bacon's  rebellion,  fur- 
ther manifestations  of  disloyalty  also  took  place  in  New 
England.  The  agents  for  Virginia  were  consequently 
embarrassed  in  their  negotiations,  and  full  a  year  elapsed 
before  any  charter  was  procured.  It  would  seem,  from 
a  memorandum  in  the  record  office  made  a  few  years 
afterwards,  that  the  people  were  very  much  disappoint- 
ed in  the  result.  It  represents  them  as  complaining 
that  "Lord  Culpeper  obtained  that  this  poor  charter, 
*See2  which  we  have,  only  should  be  granted."*  The  char- 
Henning,    ^qj.  y^^^  issued  in  October,  1676,  as  follows,  viz: 

The  New  Charter. 
New  char-      Charles  THE  SECOND,  by  the  grace  of  God,  King  of 
Charfesn  England,  <fec.,to  all  to  whom  these  presents  shall  come, 
greeting-.     Know  ye,  that  we  of  our  especial  grace,  cer- 
tain knowledge,  and  meer  motion,  have  declared  and 
granted,  and  by  these  presents  do,  for  us,  our  heirs,  and 
successors  declare  and  grant  that  all  the  sulijects  of  us, 
our  heirs,  and  successors,  from  time  to  time  inhabiting 
within  our  colony  and  plantation  of  Virginia,  shall  have 
Depend.  '  ^^'^^^^  immediate  dependence  upon  the  crown  of  Eng- 
ence  on  the  land ;  under  tlie  rule  and  government  of  such  govern- 
ours,  as  we,  our  heirs,  and  successors,  shall  from  time 

•with  him  were  compelled  to  ask  pardon  of  the  governor  and  council  on 
their  knees  with  a  rope  around  their  necks :  Bacon  disappeared  suddenly 
and  mysteriously  and  was  supposed  to  have  been  assassinated.  A  general 
pardon  was  granted  by  proclamation  to  all  others.     See  2.  Henning,  511. 


THE   UNITED   STATES   OF  AMERICA.  187 

TIIK    NEW    CHARTER    OF    CHARLKS    II.  1'aRT    1. 

to  time  appoint  in  that  behalf,  and  of,  or  upon,  no  other 
person  or  persons  whatsoever: 

II.  And  further^  that   the  governour  for  the  time  Governor 
being,  shall  be  resident  in  that  countrey,  except  we,  our  deat^in  tiie 
heirs  or  successors   shall  at   any  time  command   his^"'<^">- 
attendance  in  England  or  elsewhere;  in  which  case  a 
deputy  shall  be  chosen,  to  continue  during  the  absence  Deputy 

of  such  governour,  in  manner  as  hath  formerly  been  J^^^g^^^ 
used,  unless  we,  our  heirs,  or  successors  shall  think  fitt 
to  nominate  such  deputy.     And  further,  if  any  govern- 
our shall  happen  to  die,  then  another  governour  shall  and  ^ 

'■  '■  '  °  .  Successor 

may  be  chosen  as  hath  been  formerly  used,  to  continue  how  ap- 

till  we  our  heirs  or  successors,  shall  appoint  a  new  gov-  P^^'^^''  • 
crnour. 

III.  And  moreover,  that  all  lands  now  possessed  by  confirma- 
the  several  and  respective  planters,  or  inhabitants  of  [|^]"g*'tQ 
Virginia,  are  and  shall  be  confirmed  and  established  to  lauds. 
them  and  their  heirs  forever,  where  the  property  of  any 
particular  man's  interest  in  any  lands  there  shall  not  be 
altered  or  prejudiced  by  reason  thereof. 

IV.  And  our  further  ivill  and  pleasure  is,  and  we  do  Fifty  acres 
hereby,  of  our  further  grace  and  favor,  declare  and  each  emi- 
grant, tliat  for  the  encouragement  of  such  our  subjects S'^'it. 

as  shall  from  time  to  time  go  to  dwell  in  the  said  plan- 
tation, there  shall  be  assigned,  out  of  the  lands  not 
already  appropriated,  to  every  person  so  coming  to 
dwell,  fifty  acres  of  land,  according  as  hath  been  used 
and  allowed  since  the  first  plantation,  to  be  held  of  us, 
our  heirs,  and  successors,  as  of  our  manor  of  East- 
Greenwich,  in  the  County  of  Kent,  in  free  and  common 
soccage. 

V.  And  further,  that  all  lands,  possesst  by  any  sub-Composi- 
ject  inhabiting  in  Virginia,  which  are  escheated,  or  shall  *i^"at*f  ^' 
escheat,  unto  us,  our  heirs,  and  successors,  shall  and 

may  be  enjoyed  by  such  inhabitants  or  possessors,  his 
heirs  and  assigns  forever,  paying  two  pounds  of  tobacco 
composition  for  every  acre,  which  is  the  rate  set  by  our 


188 


THE   GOVERNMENTAL   HISTORY   OF 


Part  I. 


Trials  for 
treason, 
murder, 
&;c. 


To  be  con- 
strued 
beneficial- 
ly to  the 
colonists. 


govcrnoui*  according  to  our  instructions  to  him  in  that 
behalf. 

VI.  And  further,  that  the  governour  and  councel  of 
Virginia  for  the  time  being,  and  in  the  absence  of  the 
governour,  the  deputy  governour,  and  councel,  or  any 
live  or  more  of  them,  whereof  the  governour  or  his 
deputy  to  be  always  one,  shall,  and  hereby  have  full 
power  and  authority  to  hear  and  determine  all  treasons, 
murders,  felonies,  and  other  offences  committed  and 
done  within  the  said  government,  so  as  they  proceed 
therein,  as  near  as  may  be  to  the  laws  and  statutes  of 
this  kingdom  of  England. 

VII.  And  lastly,  know  ye,  that  we  being,  of  our  royal 
goodness,  graciously  inclined  to  favor  tlie  subjects  of 
us,  our  heirs  and  successors,  which  now  do,  or  hereafter 
shall,  inhabit  in  the  said  country  of  Virginia,  and  to 
give  the  more  liberal  and  ample  encouragement  to  plant- 
ations there,  do  hereby  declare  our  royal  will  and 
pleasure  to  be,  that  all  and  every  clause,  article,  and 
sentence,  in  those  our  letters  pattents  contained,  shall 
be,  from  time  to  time  for  ever  hereafter,  as  often  as  any 
ambiguity,  doubt,  or  question  shall  or  may  arise  there- 
upon, expounded,  construed,  deemed,  and  taken,  to  be, 
by  us  meant  and  intended,  and  shall  enure  and  take 
effect  in,  the  most  beneficial  and  available  sense  to  all 
intents  and  purposes,  for  the  profit  and  advantage  of  the 
subjects  of  us,  our  heirs  and  successors,  as  against  all 
and  every  other  person  and  persons  whatsoever,  any 
law,  statute,  custom,  and  usage  to  the  contrary  thereof 
notwithstanding.  In  witness  whereof  we  have  caused 
these  our  letters  to  be  made  pattents.  Witness  oursclf, 
at  Westminster,  the  tenth  day  of  October,  in  the  twen- 
ty-eighth year  of  our  reign. 

Per  ipsum  Regem — Barker.* 


*  2.  Hen- 
ning,  532, 


The  char-       This  charter  is  a  remarkable  document,  whether  we 

^^'  consider  its  brevity  and  the  singularity  of  its  provisions, 

or  the  circumstances  under  which  it  was  brought  into 


THE   UNITED   STATES   OP   AJMERICA.  189 

AND    THK    NEW    CIIARTEK    OK    CHARI.KS    II.  1'aKT    I. 

being.  While  its  design  seems  to  have  been  to  place 
restrictions  upon  the  colonial  administration,  it  does 
not  in  words  abridge,  nor  does  it  take  away  from  the 
colonists,  those  political  rights  and  powers  which  they 
liad  acquired  during  the  revolutionary  period  of  their 
existence,  or  otherwise  assumed  to  exercise  as  a  politi- 
cal body:  Nor  yet  does  it  repeal,  but  rather  seems  to 
affirm,  the  provisions  of  former  charters  or  commissions. 
It  makes  no  allusion  whatever  to  many  important  mat- 
ters contained  in  the  propositions  of  the  agents  for  Vir- 
ginia, particularly  those  which  refer  to  the  right  of 
imposing  taxes  as  vested  in  the  grand  assembly,  and 
is  silent  as  to  the  continuance  of  that  body  as  then  con- 
stituted. Yet  it  takes  from  it  the  power  of  appointing 
the  governor  and  makes  him  the  creature  of  the  crown, 
while  at  the  same  time  in  the  provision  made  for  the 
choice  of  a  deputy  governor  it  seems  to  concede,  infer- 
entially  at  least,  the  existence  of  the  assembly  if  not 
its  supremacy,  as  a  legitimate  organization. 

Sir  William  Berkeley  was  sent  for  by  the  king,  and  Governor 
left  the  colony  on  the  twenty-seventh  day  of  -^pi'il?  summo'iicd 
1677,  for  England,  where  he  soon  after  died.     Of  course  to  Eng- 
he  did  not  officiate  as  governor  of  the  colony  under  the  „    '     .  ' 
new  charter.     Thomas,  Lord  Culpcper,  baron  of  Thors- 
way,  was  appointed  Lieut.  Governor  in  July,  1675,  but 
he  did  not  arrive  in  the  colony  until  the  year  1680,  and 
was  formally  sworn  into  office  as  governor  on  the  tenlh  Lord  Cul- 
day  of  May;  Herbert  Jeffreys,  Esq.,  and  Sir  Henry pJP^^^JP- 
Chickeley,  having  in  turn  respectively  acted  as  lieut.  governor, 
governor  in  the  interim  from  the  departure  of  Sir  Wil- 
liam Berkeley. 

On  the  tenth  day  of  September,  1681,  Lord  Arling- Grant  to 
ton  conveyed  to  Lord  Culpeper  all  his  interest  in  Yir-  ^°"'  ^"'* 

^  ^     ^  peper,  &c., 

ginia,  derived  under  the  grant  of  Charles  H.  of  twenty- surrender- 
fifth   February,   1673.      Lord   Culpeper  subsequently  crown.**" 
assigned  his  whole  estate  in  the  premises  to  Charles  II.,  i«6<i-4- 
which  was  announced  to  the  colonists  by  a  proclama- 
tion dated  July  twenty-fifth,  1684,  as  follows;     "  Where- 


190  THE   GOVERNMENTAL   HISTORY   OP 

Part  I.  Virginia, 

Proclainn-  as  tlic  Lord   Culpeper  has   assigned  and  surrendered 
E^ng^to  ^^  v.nto  us  all  right,  title,  and  interest  to  certain  letters 
the  colony,  pattent,  hearing  date  25th  Fehruary,  25th  Regni,  where- 
hy  he  demised  unto  him  and  Lord  Arlington,  all  the 
colony  of  Virginia,  and  Accomac,  with  the  rents,  quit- 
rents,  fines  and  forfeitures,  and  escheats,  accruing  unto 
him  from  the  premises;    and  the  same  being  now  in 
virtue  thereof,  and  of  a  former  assignment  of  the  Lord 
Arlington   unto   the    Lord    Culpeper   entirely   in   his 
majesty's  hands,  he  declares  his  will  and  pleasure  that 
publication  thereof  be  made  to  his  subjects  within  the 
colony  of  Virginia,  and  they  be  given  to  understand 
that  his  majesty  proceeded  herein,  with  an  intent  to 
apply  all  profits  accruing  thereby  to  the  benefit  and  for 
the  better  support  of  the  government  of  that  our  colony, 
in  such  manner  as  he  should  from  time  to  time  appoint. 
Tlierefore  his  majesty  requires  the  governour  to  impower 
the  ofiicers  of  the  revenue,  and  such  others  as  he  should 
Collection  think  fitt,  duly  to  collect  the  quit-rents  accruing  from 
ren^s!*       time  to  time,  according  to  the  reservation  of  25  for 
every  100  acres  of  land,  and  so  proportionably  for  a 
greater  or  lesser  quantity,  to  be  paid  in  specie,  in  mon- 
ey, and  not  in  tobacco  nor  in  any  other  commodity; 
but  that  the  subjects  might  with  greater  ease  comply 
with  their  obligation  to  his  majesty,  his  majesty  is  well 
pleased  that  instead  of  English  money  they  may  answer 
what  becomes  due  to  him  in  such  pieces  of  eight  as  are 
Escheats,    current  in  that  colony ;  and  as  to  escheats,  fines  and 
foTfeUurts.  forfeitures,  and  other  profits,  mentioned  in  his  letters 
pattents,  his  majesty  directs  that  they  be  satisfied  ac- 
cording to  the  demise  to  the  Lord  Culpeper  in  the  like 
pieces  of  eight  for  every  five  shillings.     And  because 
at   that  distance   he  could   not  direct   the   particular 
The  gov-    method  of  recovering  those  dues,  the  governour  is  to 
ernor  to    ppQcecd  therein  as  he  should  find  most  beneficial,  and 

account       ^  t  j      i 

for  to  the  to  give  him  an  account  of  his  proceedings ;  and  that 

^^^^'         the  revenue  arising  from  th(5  premises  be  not  disposed 

of  nor  suffered  to  be  issued  out,  until  upon  certifying 


THE   UNITED   STATES   OF   AMERICA.  191 

AND  THE  NEW  CHARTER  OF  CHARLES  II.  PaRT  I. 

"iiiito  his  majesty  the  value  of  what  shall  remain  there- roiitical 
upon  ill  the  treasury,  he  should  order  the  same  to  l^e  ^^^"1"'^"^^ 
disposed  of  to  such  uses  as  shall  be  most  requisite  for  developed 
his  services."*     Hereby  assuring  the  completeness  of  gotiaUon*^' 
the  new  charter.  *?'"  ^^'^ 

*  charter. 

It  is  not  for  us  at  this  distant  day,  with  our  scant  *  2.  Hen- 
materials,  to  fathom  the  motives  and  designs  of  the  "'"S.  ^^i. 
various  persons  and  parties  involved,  on  one  side  or  the 
other,  in  the  controversy  which  resulted  in  the  publi- 
cation of  this  charter,  and  which  here  and  thus  term- 
inated. It  develops,  for  the  first  time  in  the  history 
of  Virginia,  in  active  though  not  now  unloyal  compe- 
tition, that  questioning  of  the  crown's  supremacy 
which  in  the  colonies  of  New  England  had  already 
long  ago  grown  to  be  a  part  of  their  political  existence. 
It  forms  the  first  link  in  that  chain  of  causes  which 
just  one  century  afterwards  united  Massachusetts-Bay 
and  Virginia  as  the  leading  and  formidable  opponents 
of  British  oppression  in  America.  Suppressed  it  might 
be  in  the  latter  colony  during  many  intervening  years 
ot  almost  unquestioning  submission,  but  still  existent 
and  waiting  only  the  moment  ordained  of  providence 
to  waken  again,  and  by  the  like  forceful  reasoning  to 
establish  their  title  to  political  freedom,  and  to  main- 
tain it,  in  a  way  which  must  inevitably  lead  to  a  sev- 
erance of  them  from  all  dependence  on  the  kingdom 
of  Great  Britain. 

Here  we  terminate  this  part  of  the  history  of  the  General 
first  colony  of  Virginia,  and  of  the  general  govern- 
mental regulations  under  which  it  was  permanently 
established,  which  I  have  made  the  first  part  of  the 
governmental  history  of  the  United  States.  We  do 
not  find  in  them  as  wide  a  departure  from  the  laws  Virginia 
and  constitution  of  the  mother  country  as  is  discover- ?,"'^^T 

^  1     •        T  n    1  England. 

able  in  tnose  of  the  second  colony,  or  New  England. 
In  fact,  Virginia  had  from  the  beginning  assumed  a 
position  of  loyalty  to  the  regal  power  of  the  parent 
state,  which  found  no  sympathy  in  the  settlements  of 


192  THE   GOVERNMENTAL   HISTORY   OF 


Tart  I.  Virginia, 


Until  after  Ncw  England.     This  is  evident  from  the  allusions  made 
the  English  •  ^^  ^^y^  foreooino;  documcuts  to  the  prevailing  disregard 

revolu-  o        o  i       /.     i  /• 

tionof  of  the  will  of  the  crown,  and  oi  the  enactments  oi 
^^^^'  parliament  among  the  latter  in  referring  to  which  the 
governor  and  agents  of  Virginia  evidently  plume  them- 
selves upon  her  passive  submission  to  both.  This  will 
become  still  more  apparent  in  their  subsequent  history. 
"While  Virginia  was  consecrating  her  loyalty  by  acts 
of  protection  and  of  posthumous  adulation  of  the 
memory  of  Charles  I.,  the  people  of  New  England 
■were  welcoming  his  judges  to  their  homes  and  their 
hearths  with  the  ringing  acclamation,  opposition  to 
tyrants  is  obedience  to  God.  "While  the  former  flew 
with  eagerness  to  the  embraces  of  a  restored  monarchy, 
the  latter  were  cautiously  contriving  how  they  might 
make  their  own  freedom  from  its  supremacy  consist 
with  the  semblance  of  submission  to  its  authority. 
Virginia  Henceforth  Virginia,  in  all  her  appliances  of  govern- 
En"ianl  ment  and  administration,  may  be  considered  but  a 
miniature  likeness  of  the  parent  kingdom.  She  ad- 
hered to  the  crown  with  a  right  loyal  devotion,  and 
readily  settled  down  into  a  recognition  of  its  suprem- 
acy, undisturbed  by  the  accession  of  James  II.  in  1685, 
or  the  subsequent  agitations  of  his  reign,  or  his  abdi- 
cation of  the  throne  in  1688,  or  the  consequent  revo- 
lution, which  placed  the  croAvn  upon  the  heads,  and 
established  the  succession  in  the  line,  of  William  and 
Mary,  prince  and  princess  of  Orange. 

Nor  is  it  at  all  strange  that  Virginia  should  have 
been  so  subservient  in  her  allegiance.  "Where  the 
people  are  kept  in  ignorance,  despotism  finds  its  most 
submissive  subjects,  and  tyrants  their  most  abject 
slaves.  The  liberal  endowment  of  institutions  of 
learning,  the  existence  of  free  schools  and  a  free  press, 
are  the  surest  guarantee  of  an  enlightened  and  perma- 
nent freedom  in  any  country.  Sir  "Wilham  Berkeley, 
who  for  more  than  forty  years,  either  as  governor  or  a 
member  of  her  state  council,  was  conversant  with  Vir^ 


THE  UNITED   STATES  OP  AMERICA.  193 

UNDER  THE  NEW  CHARTER  OF  CHARLES  II.  PaRT  I. 

ginia;  who  was  one  of  her  most  excellent  chief  offi- Until  after 
cers  ;  and  was  more  instrumental  than  any  other  man  lii't^iJ^^^" 
in  laying  the  foundation  of  her  government  and  insti-of  1C88. 
tutions,  thanks  God  that  there  were  no  free  schools 
nor  printing  in  Virginia,  and  hopes  they  will  not  have 
these  hundred  years.     For,  he  adds,  "  learning  has 
brought  disobedience  and  heresy  and  sects  into  the 
world,  and   printing    has   divulged  them,   and   libels 
against  the  best  government — God  keep  us  from  both ! "  ^f'^'  '"^  ^c- 

Eleven  years  after  this  date,  Lord  Culpepcr,  then 
governor  of  Virginia,  avowed  the  same  horror  of  free 
schools  and  printing.  A  printer  who  had  actually 
opened  an  establishment  in  the  colony,  was  prohibited 
using  or  exercising  his  trade.  The  fact  is  thus  entered 
upon  the  record — "  February  2\st,  1G82.  John  Buck- 
ner,  called  before  the  Lord  Culpeper  and  his  councel, 
for  printing  the  laws  of  1680  without  his  excellency's 
licence,  and  he  and  the  printer  ordered  to  enter  into 
bond  in  XlOO  not  to  print  anything  thereafter  until  liis 
majesty's  pleasure  should  be  known."  This  was  a 
sort  of  indefinite  postponement  of  the  right  to  exercise 
the  calling,  for  there  is  no  evidence  of  any  printing  ^  <,  „ 
being  done  in  the  colony  from  this  period  until  1733.*    ning,  5i8. 

But  it  was  not  so  in  New  England.  She  had  her 
origin  and  her  growth  in  free  schools  and  printing,  and 
in  that  "disobedience"  and  those  "sects  and  heresies" 
which  "printing  has  divulged."  That  printing  and 
those  schools  which  under  Luther,  and  Calvin,  and 
Zwingle,  and  the  Puritans,  placed  the  Bible  in  the 
hands  of  the  people,  made  known  to  the  individual 
man  its  elements  of  freedom,  and  developed  to  the 
world  the  true  liberty  of  the  gospel,  that  harbinger  of 
so  many  blessings  to  mankind.  Wherever  the  puritans 
planted  a  settlement  in  the  new  world,  they  also 
erected  a  church  and  a  school-house;  and  wherever 
they  instituted  a  minister,  they  also  associated  a 
teacher.  Learning  had  no  horrors  to  them.  They 
attested  their  reverence  for  its  votaries  by  elevating  its 
13 


194  THE   GOVERNMENTAL   HISTORY   OP 

Part  I.  Virginia, 

Until  after  most  finished  scholars  to  the  highest  honors  whether  in 
luUon^^'    ^^^^   church  or  the  state.     We  must  turn  then  to  New 
of  1688.     England  as  furnishing  in  her  early  history  by  far  the 
most  interesting  and  important  developments  of  free- 
dom in  our  own  governmental  annals. 

The  revolution  of  1688  in  England  was  the  legitimate 
effect,  and  its  result  was  the  triumph,  of  the  political 
elements  of  freedom  embraced  in  the  protestantism  of 
the  puritans.     The  leaven  originally  hid  as  it  were  in 
three  measures  of  meal,  gradually  spread  its  subtle 
essences   through   the    political   organizations   of  the 
kingdom  until  the  whole  was  leavened.     Its  too  turbid 
effervescence  gave  birth  to  the  licentious  liberty  and  law- 
lessness which  obtained  during  the  transition  period  of 
the  commonwealth,  and  this  again  gave  way   to  the 
more    substantial    semblances    of   a   free  government 
under  the  restored  monarchy.     The  end  however  was 
not  yet.     Liberty  was  hardly  yet  drained  of  its  licen- 
tiousness.    The  more  arbitrary  and  reactive  reign  of 
James  II.,  his  resolute  and  reckless  assumption  of  su- 
premacy, and    his  attempt   to   restore  the  power  of 
■^^^.*^'^' ^^  Romanism  in  his  dominions,  inaugurated  the  grand 
its  eie-       crisis  which  resulted  in  engrafting  in  the  British  con- 
freedom,    stitution  that  fundamental  principle  of  political  freedom 
which  recognizes  the  people  as  the  primary  source  of 
sovereignty  in  the  throne.     Thus  while  Protestantism 
became  the  guarantee  of  stability  and  permanency  to 
the  monarchical  forms  in  the  parent  state,  it  was  also 
the  source,  life,  and  conservation  of  the  more  popular 
political  systems  wliich  were  being  planted  in  America. 
We  of  this  age  have  grown  to  be  so  familiar  with  and 
have  lived  so  long  surrounded  by  the  blessings  it  has 
conferred  upon  us,  that  we  have  become  alarmingly- 
insensible  to  their  greatness.     We  boast  of  our  civili- 
zation, our  seminaries  of  learning,  our  institutions  o£ 
religion  and  humanity ;   of  our  enterprise,  our  arts, 
our  commerce,  our  liberty  and  our  laws,  and  we  forget 
how  much  we  are  indebted  for  all  these  to  that  one 


THE  UNITED   STATES   OF  AMERICA.  195 

UNDER  THE    SECOND    CHARTER    OF    CHARLES    II.  TarT    I. 

clement  of  protestantism.  Blot  out  this  from  the  Coudusion 
records  of  our  political  experience  alone,  and  where  ^^  ^'^^^'^  ^• 
would  be  our  free  government  and  free  institutions  ? 
Eliminate  all  traces  of  its  beneficent  influences  and 
protection  even  from  our  every-day  life ;  from  our 
homes,  our  schools,  our  academies,  our  colleges,  our 
universities,  and  our  churches — withdraw  its  healthful 
essences  from  the  pulpit,  the  bar,  the  bench ;  from  our 
halls  of  legislation,  and  our  offices  of  state ;  and  what 
would  we  be  as  a  people  or  a  republic  ?  The  truth  is, 
the  elements  of  individual,  social  and  political  freedom 
inherent  in  a  Protestant  Christianity  are  so  inwoven 
into  our  very  being  as  a  nation,  that  to  its  subversion, 
if  ever  that  period  shall  arrive,  some  future  Gibbon 
may  ascribe  the  decline  and  fall  of  the  Feee  Repub- 
lic OP  THE  United  States  of  Ameeica. 

END  OF   PART  I. 


PART   II. 

GOVERNMENTAL  HISTOIIY  OP  THE   SECOND  GRAND  DIVISION  OP  THE 

CONTINENT  OF  NORTH  AMERICA,  CALLED  THE  SECOND  COLONY 

OF  VIRGINIA,  NORTH  VIRGINLA,  OR  NEW  ENGLAND. 

In  the  first  part  of  this  work  I  have  traced  the  gov- 
ernmental history  of  the  settlements  planted  in  Amer- 
ica by  the  first  colony  of  Virginia,  or  the  London  com- 
pany, until  they  grew  into  a  regularly  organized  com- 
munity, passed  out  from  the  control  and  jurisdiction  of 
the  company,  and  became  permanently  established  in 
the  form  of  a  political  corporation,  under  a  well  ordered  The  Plym- 
system  of  colonial  government  subject  to  the  sovereign  pany.  * 
power  of  the  kingdom  of  Great  Britain.  I  now  come 
to  the  history  of  the  second  colony  of  Virginia,  other- See  Part  I., 

first  cn3>r* 

wise  called  the  Plymouth  company.     It  was  so  denomi-  ter. 
nated  because  the  principal  proprietors  of  the  corpora- 
tion were  located  at  Plymouth  in  England. 

This  company  did  not  receive  a  patronage  by 
any  means  equal  to  that  of  the  other.  It  laboured 
under  great  disadvantages,  not  only  from  its  own  loca- 
tion, but  the  shores  on  which  its  settlements  were  to  be 
made  were  cold,  bleak,  cheerless  and  inhospitable. 
Few  men  of  rank,  of  opulence,  or  of  enterprise,  became 
interested  in  its  transactions :  And  although  it  was 
established  under  similar  charter  provisions,  and  gifted 
with  equal  and  like  privileges  with  the  first  colony,  it 
fell  far  behind  the  latter  in  the  energy  and  efficiency 
of  its  efforts  to  accomplish  the  objects  sought  to  be 
promoted  by  its  incorporation.  Tlie  first  expedition 
under  its  auspices  was  fitted  out  in  the  year  1606,  but 
the  vessels  employed  were  captured  by  the  Spaniards, 
who  then  claimed  the  right  to  exclude  all  other  nations 
from  sailing  in  or  navigating  the  American  waters. 


198  THE  GOVERNMENTAL    HISTORY   OF 

Part  II.  new  England, 

First  expe-     Two  more  vessels,   with  one  hundred  and   twenty 

dition  of  •' 

the  piym-  planters  on  board,  were  dispatched  under  the  direction 
1606.^''''    ^^  admiral  Sir  Raleigh  Gilbert,  in  the  month  of  May, 
Its  second  1607.     Thej  formed  an  inconsiderable  settlement  on 
ifioY^'*^""  the  river  Sagadahok,  a  small  stream  emptying  into  the 
Kennebeck    river    near   its    mouth :      But  becoming 
alarmed  at  the  severity  of  the  climate,  the  majority  of 
them  returned  to  England  in  the  month  of  December 
in  the  same  year,  leaving  behind  them  about  forty-five 
men  with  Captain  George  Popham  as  their  president. 
*  Chief      The  inclemency  of  the  climate,  the  ravages  of  disease, 
Popham.    ^"^  ^^^®  death  of  the  principal  patron  of  the  company* 
in  England,  soon  desolated  whatever  hopes  of  a  settle- 
ment this  adventure  may  have  inspired. 
Results  of      The  discouraging  reports  which  were  made  of  the 
ditions.      country  by  those  who  returned  prevented  any  new  emi- 
gration, and  no  further  plans  were  projected  by  the 
company  other  than  to  open  a  fishing  and  fur  trade 
with  the  natives. 
Trading         One  of  these  trading  adventures  was  commanded  by 
under        Capt.  Smith,  a  name  proudly  conspicuovis  in  the  early 
Capt.         history  of  the  colony  planted  by  the  London  company. 
His  inquisitive  mind  was  not  contented  with  carrying 
on  a  trade  to  the  country  without  any  further  knowl- 
edge  of   its    capabilities    and    extent   than    such   as 
might  be  gathered   from  the  untutored  natives.     He 
landed  and  spent  some  considerable  time  in  exploring 
His  explo-  its  resources.     He   drew  a  chart  of  the  coast  from 
J!gp^"^^  ^"'^  Penobscot  to  Cape  Cod,  made  practical  observations  on 
its  bays,  harbours  and  rivers,  its  soil  and  productions. 
His  representations  of  the  country  on  his  return  to 
The  coun-  England  so  fascinated  the  then  prince  of  Wales,  after- 
nwneT     wards  Charles  I.,  that  he  bestowed  upon  it  the  name  of 
New  England, 

From  this  date  that  division  of  the  continent  which 
had  been  allotted  to  the  London  company  was  called 
Virginia,  and  that  which  had  been  assigned  to  the 
Plymouth  company  was  called  New  England. 


THE   UNITED    STATES   OP  AMERICA.  199 

CAUSKS    WHICH    LKD    TO    ITS    SETTLEMKNT.  PaI'.T    II. 

But  tlic  interest  elicited  by  the  accounts  given  of  the  Severity  of 
country  by  Capt.  Smith,  had  no  further  effect  than  to  Ii-,"^;';;;;^^^^ 
stimulate  individual  adventurers  to  prosecute  the  trade  '"g  to  com- 
which  had  been  opened  with  the  natives.     None  were  venture. 
induced  to  emigrate,  nor  was  the  prospect  of  gain  suffi- 
ciently encouraging  to  lure  the  company  to  attempt 
any  settlement.     Men  could  not  be  induced  to  abandon 
their  homes,  ease,  comfort,  or  luxury,  for  the  sake  of 
an  uncertain,  or  at  least  a  distant  advantage,  either  to 
themselves  or  to  their  country.     The  shores  were  too 
wild,  the  climate  was  too  harsh,  and  the  end  too  preca- 
rious, to  inspire  or  to  encourage  a  spirit  of  enterprise 
or  adventure. 

Happily,  however,  for  the  interests  of  mankind,  there 
was  a  spirit  which  could  face  all  these  difficulties,  and 
endure  all  these  sacrifices  and  privations ;  which  could 
brave  any  danger  and  welcome  any  disaster  with  the 
prospect,  however   distant   or   contingent,  of   accom-itggettle- 
plishing  its  purposes ;  a  spirit  which,  under  whatever  "^^^ 
circumstances  or  in  whatever  clime,  could  still  live  and  by  the 
glow  in   the   bosom  of  its  possessor ;    a  spirit,  whose  ryii"*iou.s 
exalted  purposes  were  in  part  accomplished  the  very  freedom. 
moment   it    alighted   on   this  "  wild   and   rock-bound 
coast " — It  was  a  spirit  which  sought    "  Freedom  to 
WORSHIP  God." 

Freedom  to  worship  God. — It  is  essential  to  the  per-^,.^.  . 
feet  idea  of  human  responsibility  that  the  homage  Romanism. 
which  man  pays  to  his  creator  should  be  individual,  his 
own,  and  a  free-will  worship.  Personal  accountability 
could  not  otherwise  be  a  part  of  a  just  economy  of 
rewards  and  punishments.  It  was  during  the  perilous 
passage  of  Christianity  through  the  darkness,  idolatry, 
and  corruptions  of  paganism,  that  these,  her  cardinal 
revelations,  were  obscured,  and  she  became  encum- 
bered with  those  mythic  rites  and  superstitions  which 
were  afterwards  the  basis  of  Romanism.  Here  were 
gathered  the  materials  which  enabled  an  artful  or 
ambitious  priesthood,  so  to  interweave  their  own  canons . 


200  THE   GOVERNMENTAL    HISTORY   OF 

Part  II.  new  England, 

with  those  of  the  civil  law,  that  the  church  by  imper- 
ceptible degrees  assumed  the  control  of  the  offices  of 
state,  until  at  length  the  sceptre  itself  became  tributary 
and  subject  to  the  will  of  the  mitre.  Such  was  the 
course  of  things  when,  early  in  the  sixteenth  century, 
Romanism  ^he  Roman  Catholic  religion  had  risen  to  bo  the  pre- 

in  the  six-  .         . 

teenthcen- dominant  religion  in  Lngiand  and  on  the  contnient  of 
t^fJ-         Europe.     Its  seat  was  at  Rome,  its  head  was  the  pope, 
who  sat  supreme  on  his  throne  while  all  Christendom 
Supremacy  bowed   before   his   sovereignty  and  infallibility.      He 
Pope.        claimed,  and  he  exercised,  all  temporal  as  well  as  all 
See  Part  I.  spiritual  power  over  all  the  world.     He  gave  and  he 
took  away  continents,  kingdoms,  islands  and  seas.     He 
made  and  unmade  kings.     He   established  and  over- 
threw dynasties.     He  directed  and  contracted,  prohib- 
ited and  dissolved  at  will,  the  alliances  of  princes.     He 
dispensed  forgiveness  to  crime  and  sold  indulgences  to 
vice.     He  gave  to  treason  a  dagger  and  forged  for  des- 
potism its  chains.     In  a  word,  he  arrogated  to  himself 
the  attributes  and  prerogatives  of  Jehovah,  and  sat  on 
earth  as  in  the  place  of  God. 
Condition       In  this  era  of  papacy  the  art  of  printing,  then  but 
kind  ^'^'     recently  discovered,  and  which  has  since  been  produc- 
during  the  tive  of  SO  mucli  benefit  to  mankind,  was  suppressed. 

reign  of  ,  .  t   ji  •  -it 

Papacy.  Literature,  learning,  and  the  sciences,  were  proscribed. 
The  people  were  prohibited  using  or  cultivating  their 
faculties,  by  the  fulminations  of  ecclesiastical  censure, 
or  the  terrors  of  eternal  damnation.  A  pall  was  thrown 
over  all  the  powers  of  man.  The  human  race  was 
buried  in  more  than  Egyptian  darkness ;  and  the  desti- 
nies of  the  world  seemed  shrouded  in  inscrutable  mys- 
tery.— Such  was  Romanism  in  the  plentitude  of  its 
power,  and  such  was  the  condition  of  the  world  under 
the  supremacy  of  its  rule. 

Origin  of  But  meanwhile,  in  the  secluded  and  lonely  cloisters 
tism'  of  its  convents  there  was  being  nurtured,  under  provi- 
dence, a  spirit  whose  destiny  it  was  to  overthrow  the 
pompous  hierarchy  which  had  thus  ascended  the  throne 


THE  UNITED   STATES   OF  AMERICA.  201 


CAPSES    WHICH    LED    TO    ITS    SETTLEMENT.  PaRT    II, 

of  tlic  Caesars  and  invested  itself  with  the  sway  of  that 
once  magnificent  empire.  Humble  in  his  origin,  hum- 
ble in  his  station,  and  still  more  humble  in  his  piety, 
Martin  Luther  had  performed  witli  a  fervid  devotion 
and  a  scrupulous  zeal,  the  duties  devolving  upon  him 
as  a  priest  of  Rome,  until  he  chanced  to  come  in  pos- 
session of  a  copy  of  the  Bible.  With  eager  curiosity 
and  impetuous  energy,  he  devoured  its  sacred  pages. 
He  imbibed  its  spirit,  its  faith,  its  hopes,  its  freedom. 
He  deduced  from  its  records  and  developed  to  the 
world,  its  grand  cardinal  revelations,  the  personal  free- 
dom and  personal  responsibility  of  man  in  the  eye  of 
liis  Maker. 

This  was  the  origin,  and  these  mighty  truths  were  The  nature 
the  basis,  of  what  we  now  call  protestantism.     It  em- autism, 
braces  in  itself  elements  which  conserve  the  freedom 
and  safety  of  the  body  politic  as  well  as  the  body  reli- 
gious ;  the  prerogatives  of  the  state  and  its  officers  as 
well  as   those  of  the  church  and   her  ministers;   the 
rights  and  duties  of  the  individual  as  well  as  the  mass 
in  all  the  relations  of  life.     Holding  up  the  Bible  as 
his  text  book,  and  announcing  these  as  its  great  truths, 
and  claiming  that  it  should  be  freely  disseminated  and 
freely  read  among  the  people,  "Luther  rushed  boldly  The  protes- 
into   the   presence  of  the    dignitaries   of  the   Roman  ^^^"5 '''^^?''' 

^  ^  ^  "  niation  in- 

cliurch,  protesting  against  their  claims  to  power,  and  augurated 
they  quailed  before  his  convincing  arguments.  He  ^  "*  ^^' 
assailed  the  unscrupulous  traffickers  in  indulgences 
and  pardons  and  they  fled  discomfited  from  the  field. 
Summoned  to  appear  before  the  Roman  Legates  at 
Augsburg,  he  instantly  obeyed  the  mandate,  appeared 
before  them,  protested  against  their  authority,  and  his 
presence  served  only  to  stupify,  confound,  and  baffle, 
his  adversaries.  The  learned  divines  gathered  them- 
selves in  the  halls  of  Leipsic ;  but  unawcd  by  their  pres- 
ence he  boldly  entered  upon  the  discussion  to  which  he 
was  challenged,  and  the  astonished  theologians  felt  the 
weapons   of  their  warfare   fall   powerless   from   their 


THE   GOVERNMENTAL    HISTORY   OF 


Part  II. 


NEW    ENGLAND, 


*See 

D'Aug- 
bigne's 
Reforma- 
tion, vol.  2 


The  Bible 
and  Pro- 
testantism, 


Progress 
of  the 
reforma- 
tion in 
Europe. 


The  refor- 
mation in 
England. 


hands.  The  pope  himself  at  length  started  from  his 
slumbers  and  hurled  his  fiercest  fulminations  at  the 
offending  monk,  but  that  same  Bible  and  those  same 
truths,  were  the  shield  of  him  who  trusted  in  them; 
the  arm  of  the  spiritual  despot  was  palsied,  and  the 
throne  of  the  pontificate  trembled."*  The  triumph  of 
Luther  was  the  triumph  of  the  Bible.  The  triumph  of 
the  Bible  was  initiatory  to  the  triumph  of  human  free- 
dom, and  gave  assurance  to  the  world  that  protestant- 
ism was  destined  to  override  all  opposition,  to  subdue 
the  kings  and  princes  of  many  lands,  to  reform  and 
exalt  the  church  as  well  as  the  state,  the  people  as  well 
as  their  rulers,  and  ultimately  to  bring  freedom  and 
peace  to  all  the  oppressed  and  suffermg  children  of  the 
earth. 

The  warfare  against  the  church  of  Rome,  thus  com- 
menced by  Luther,  soon  spread  itself  throughout  Chris- 
tendom, and  many  of  the  countries  of  Europe  abjured 
her  authority,  and  separated  themselves  from  her  com- 
munion. In  some  instances  this  rupture  was  sudden 
and  violent,  leaving  no  traces  of  the  ancient  supersti- 
tion, but  adopting  an  entirely  new  form  of  worship,  of 
doctrines,  and  of  discipline.  Such  was  the  case  with 
the  institutes  provided  by  Calvin  and  adopted  in  many 
of  the  estates  of  Germany.  The  simplicity  of  these, 
but  more  especially  their  hostility  to  the  papal  doctrines 
and  ordinances,  were  so  much  admired  by  the  more 
zealous  of  the  reformers,  that  they  were  adopted  in  the 
United  Provinces,  in  the  dominions  of  the  House  of 
Brandenburgh,  in  those  of  the  Elector  Palatine,  and  by 
the  Huguenots  of  France. 

Li  England  a  different  policy  seems  to  have  been 
pursued,  and  the  progress  of  the  protestant  principles 
of  the  reformation  was  here  more  cautious  and  delib- 
erate. She  abolished  at  first  only  those  institutions  and 
canons  of  Rome  which  were  deemed  more  prominently 
repugnant  to  the  principles  of  freedom,  or  savored  too 
much  of  superstition,  or  of  human  invention.     The 


THE   UNITED    STATES   OF   AMERICA.  203 

CAUSES    WHICH    LED    TO    ITS    SETTLEMENT.  PaUT    II. 

changes  in  her  ecclesiastical  polity  were  likewise  either  The  rcfor- 
retardcd  or  accelerated  accordingly  as  it  suited  the  undernen- 
vai'ious  tempers,  sentiments,  aims,  or  even  the  caprices  ^y  ^^^ 
and  passions,  of  her  successive  sovereigns. 

The  first  public  announcement  of  the  reformation  in  Destruc- 
England  was  made  by  that  splendid  and  pompous  pa- ii\^"iy  *^^^' 
geant    wherein    Henry   VIII.,    attended    by    cardinal  ings,  May 
"Woolsey  and  his  retainers,  executed  the  "bull"  of  the       ' 
Roman  pontiff  which  directed  the  writings  of  Luther 
everywhere  to  be  destroyed.*  *D'Aug- 

The  commendation  bestowed  upon  the  haughty  mon-  reforma- 
arch  by  the  pope  for  this  demonstration  of  his  loyalty  t^^'^- 
to  Rome,  excited  in  his  bosom  a  thirst  for  future  dis- 
tinction, and  he  now  entered  the  field  of  personal  con- 
troversy with  the  great  reformer.     He  composed  andcontro- 
published  a  book  entitled  A  defence  of  the  Seven  Sacra- 1.^'"^^  ^^ 

r  J  J  Henry 

ments,  against  Martin  Luther ,  by  the  most  invincible  Vlii.,  with 
King  of  England  and  France,  Lord  of  Ireland,  Henry,   ^^  ^^' 
the  eighth  of  that  name.     He  sent  a  copy  of  it  to  the 
pope  offering  at  the  same  time  to  draw  his  sword,  if 
necessary,  still  further  to  defend  the  church  of  Rome 
from  the  heresies  of  the  reformation. 

The  pope,  acknowledging  the  ability  and  pleased  with  Tribute 
the  zeal  of  a  prince  whose  adhesion  to  his  cause  was  of  ^''"'"  *^® 

.     1    .  pope  to 

such  vital  importance  to  him  in  the  impending  crisis,  Henry 
conferred  iipon  Henry  and  attached  to  his  crown,  the 
distinguishing  title  of  "  Defender  of  The  Faith :"     But  in 
doing  so  he  was  after  all  only  raising  up  a  more  formi- 
dable source  of  antagonism  to  his  own  prerogatives  of 
power.     Elated  with  his  triumph,  and  flattered  by  so 
signal  a  tribute  to  his  ability,  the  vain  and  ambitious 
prince  soon  conceited  that  he  was  superior  even  to 
popes  and  cardinals,  and  claimed  for  himself  and  his 
crown  the  supremacy  and  infallibility  which  he  had 
hitherto  conceded  to  the  pontificate,     So  elated  did  heEdbct  of 
become  at  length  with  the  idea  of  spiritual  sovereignty  *f*^"^^  *'' 
that  he  compelled  the  clergy  in  his  own  dominions  to  the  King. 
acknowledge  him  as  the  protector  and  supreme  head 


204  THE   GOVERNMENTAL   HISTORY   OF 

Part  II.  new  England, 

Under       of  the  cliurcli  and  its  ministers  and  priests,  in  Eng- 
YiiL,        land. 

1531.  j>^^  ^^  -^g^g  jjQ^  alone  liis  ambition  for  temporal  or 

Bition  to     spiritual  power  which  prompted  Henry  YIII.  to  abjure 
the  Pope,   the  supremacy  of  the  pope.     It  was  the  more  passion- 
ate  desire   of  personal   freedom   from   the   restraints 
imposed  upon  him  by  his  holiness,  in  his   refusal  to 
divorce  him  from  his  first  wife  Catharine,  and  to  sanc- 
tion his  marriage  with  the  unfortunate  Anne  Boleyn. 
This  it  was  that  ruptured  the  last  tie  of  his  allegiance  to 
Rome,     He  defied  the  Pope,  desecrated  the  sacrament 
he  had  so  ably  defended,  consummated  the  divorce  and 
the  marriage,  and  became  himself  in  turn  the  object  of 
as  bitter  fulminations  as  ever  emanated  from  the  Roman 
pontiff  against  the  greater  champion  of  the  reforma- 
tion.    He  and  his  kingdom  were  alike  excommunica- 
ted, and  given  over  to  the  direst  anathemas  of  the  vice- 
gerent of  God  on  earth.     The  separation  from  Rome 
was  at  length  sealed,  and  the  breach  widened  beyond 
Supremacy  all  possibility  of  healing,  by  an  act  of  parliament  which 
Crown  es-  declared  and  established  the  supremacy  of  the  crown. 
tablishcd        But  although  Henry  thus  severed  his  kingdom  from 

bv  Itiw 

1634.  '  all  allegiance  to  Rome,  and  desecrated  and  abolished 
the  monasteries  established  by  the  papal  priesthood,  and 
made  other  reforms  in  the  ecclesiastical  policy  of  his 
administration ;  still,  in  order  to  sustain  his  supremacy 
in  affairs  of  the  state  as  well  as  the  church,  he  found  it 
Modified  necessary  to  retain  and  adopt  many  of  the  canons  and 
^''^^^^^  ordinances  of  the  Romish  hierarchy.     Hence  it  came 

relorma-  '' 

tion,  to  pass  that  the  reformation  in  England  in  the  outset, 

was  simply  a  transfer,  or  exchange,  of  the  supremacy 

of  the  pope  for  the  supremacy  of  the  crown.     The 

spiritual  as  well  as  temporal  prerogatives  of  the  Roman 

Protestant-  pontiff  were  wrested  from  him  only  to  be  vested  in  the 

ismandthcj^^j^g;^     But  the  protcstaut  element  of  the  reformation 

crown  s  '~  '■ 

euprciuacy.  was  as  mucli  in  conflict  with  the  supremacy  of  the  sove- 
reign in  matters  of  religion,  as  it  was  with  the  suprem- 
acy of  the  pope.     A  cardinal  claim  of  the  reformers 


THE  UNITED   STATES   OP   AMERICA.  205 


CAUSES    WHICH    LED    TO    ITS    SETTLEMENT.  PaRT    II. 

was    that  the  Bible  should  be  generally  disseminated  it  chums 
among  and  freely  read  by  the  people.     They  so  far  sue- J,'j'' '/^^^  ""'^ 
ceeded  in  establishing  this  point  that  a  copy  of  it  was  l^il^le. 
directed,  by    act  of    parliament,  to  be  suspended  in 
every  parish  church  for  the  use  of  the  people,  in  1540. 
This  act  was  repealed  again  two  years  afterward;  and 
the  reason  given  for  its  repeal,  as  stated  in  the  pream- 
ble of  the  repealing  act,  demonstrates  how  powerful  an 
agent  the  Bible  had  become  in  liberating  the  human  The  Bible 
mind  from  the  shackles  of  despotism,  superstition  and  ^'^^^^^jj 
oppression.     The  preamble  recited — "that  many  sedi- edged 
tious  and  ignorant  persons  had  abused  the  liberty  grant- f^^J^^j^^ 
ed  them  of  reading  the  Bible,  and  that  great  diversity 
of  opinion^  animosities,  tumults,  and  schisms,  had  been 
occasioned  by  perverting  the  sense  of  the  scriptures." 

I  have  observed  already  that  the  triumph  of  the 
Bible  was  initiatory  to  the  triumph  of  human  freedom. 
Freedom  of  thought,  freedom  of  opinion,  freedom  of 
the  person  and  of  speech,  and  freedom  of  worship,  are 
its  legitimate  fruits.  The  personal  elevation  and  im- 
provement of  man  necessarily  follows  familiarity  with 
its  revelations,  its  faith,  its  doctrines,  its  promises,  and 
its  hopes.  No  pope,  no  king,  can  be  recognized  as 
supreme  and  infallible,  either  in  the  church  or  the 
state,  where  the  sacred  volume  is  freely  disseminated 
and  read  among  the  people.  Hence  it  does  not  sur- 
prise us  to  know  that  Henry  VIH.,  himself  to  some 
extent  a  reformer,  persecuted  even  to  the  last  the 
reformers,  and  took  the  Bible  from  the  people. 

Edward  VI.  succeeded  Henry  VHI.,  and  being  iuThere- 
his  minority,  the  kingdom  came  under  the  protectorate  fo''"i^t>o^ 
of  the  then  Earl  of  Hertford,  who,  it  is  said,  was  favor-  ward  VI.. 
ably   disposed  toward  the   reformers,  though   not  an  ^^*'^' 
avowed  friend  of  the  reformation.     The  establishment 
of  a  liturgy  and  an  uniformity  of  worship,  by  act  of 
parliament,  during  his  protectorate,  in  conformity  with 
the  views  of  many  of  the  reformers,  had  the  appear- 
ance  to   the  people   of   promoting  the    reformation, 


206  THE   GOVERNMENTAL  HISTORY  OP 

Part  II.  new  England, 

though  it  never  touched  the  question  of  the  crown's 
supremacy. 
Succession      Edward  VI.  died  after  a  reign  of  about  six  years, 
155?"^^'    ^^^  ^^ry,  the  daughter  of  Henry  VIII.  by  Catharine 
his  first  wife,  ascended  the  throne.     So  far  as  the  pre- 
rogatives claimed  by  the  Roman  church  and  its  head, 
affected  his  own  power  and  prerogatives  in  his  own 
kingdom,  Henry,  her  father,  was  a  protestant.     But 
Herchar-   "Mary  was  an  avowed  Romanist.     Obstinate,  proud, 
reign  ^^^   ambitious,   bigoted   and    selfish ;    violent,   cruel    and 
malignant ;  revengeful,  tyrannical  and  ill-natured,  she 
cherished   an   inveterate   hostility   to    the    protestant 
reformers,  which  was  embittered  by  the  attempt  made 
by  the  then  Duke  of  Northumberland,  their  leader,  to 
deprive  her  of  the  succession  by  placing  the  crown  on 
the  head  of  Lady  Jane   Grey.     Her  indignation  was 
further  roused  by  the  opposition  of  her  subjects  to  her 

*H  m  and^^^^^^S^  ^^^^^  "^^^  Philip  of  Spain,  and  she  made  the 
SmoUett.    whole  nation  the  object  of  her  resentment."* 
Her  bloody     The   butchcrous  and   bloody    persecutions    of   her 
tions  of     reign,  whose  insti-uments  were  the  fire,  the  stake,  the 
Protest-     -vvhecl,  the  gibbet,  and  the  rack,  convulsed  the  whole 
kingdom,  and  compelled    many  of  the  distinguished 
advocates  of  protestantism  to  fly  from  England.     They 
were  received  with  sympathy  and  found  a  more  con- 
genial home  in  various  cities  of  the  United  Provinces. 
A  large  number  of  them  collected  at  Geneva,  where 
they  associated  together  under  the  institutes  of  Calvin. 
The  re-      On  the  accession  of  Elizabeth  to  the  throne,  and  the 
inThe'ac-  apparent  ascendancy  of   protestantism,  for  Elizabeth 
cession  of  ij^d  been  thoroughly  educated  in  the  principles  of  the 

Elizabeth,  '=•'  .,t^ii         -±1 

1558.         reformation,*  they  returned  agam  to  England,  with 
*Hume  and  deep-rooted  hostility  to  those  prerogatives  of  the  crown 
SmoUett.    ^i^ici^    i^ad  prompted  their  persecution,  ardently  at- 
tached to  their  own  institutions  and  observances,  and 
with  strong  inclinations  in  favor  of  a  republican  form 
of  government. 

Their  efforts,  however,  at  a  participation  in  the  revis- 


THE  UNITED   STATES  OP  AMERICA.  207 

CAUSES    WHICH    LED    TO    ITS    SETTLEMENT.  PaUT    II. 

ion  of  the  forms  and  observances  of  religion,  and  more  iiie  Ro- 
particularly  of  what  was  called  the  liturgy,  were  ^in- jj^^l™^*"^" 
successful.     They  found  the  queen  not  quite  so  liberal  Elizabeth. 
and  yielding  in  her  views  as  her  proclamations  and 
promises  had  led  them  to  expect.     Proud  in  the  con-  Her  revia- 
sciousness  of  her  superior  learning  and  abilities,  a^  fc^-u^s  &c. 
well  as  her  accomplishments  in  the  school  of  theol-  of  the 
ogy,  she  considered  herself  capable  alone  to  undertake 
the  task  of  expurgation.     Guided  in  some  measure,  poiicy of 
perhaps,  by  principle,  but  more  by  policy,  she  sought  •^^^^^^•^*^- 
to  conciliate  the  followers  of  Rome  by  retaining  some- 
thing  of  the  pomp  and    show   of   external   worship, 
rather  than  to  provoke  their  hostility  by  any  abrupt  or 
wide  departure  from  the  canons  and  ordinances  of  the 
papal  hierarchy. 

But  even  the  skillful  policy  of  Elizabeth  was  not 
capable  of  adapting  itself  to  the  condition  of  her  king- 
dom.    Instead   of  conciliating   the   adherents  of  the 
Romish  church,  she  found  it  necessary  to  recommend 
and  adopt  rigorous  laws  to  secure  her  person  and  her 
crown   against   their   treasonable    designs,   while    the 
course  she  had  already  pursued  towards  them  alienated 
from  her  the  confidence  of  the  reformers.     Her  fear  of 
the  former  and  her  dislike  of  the  political  sentiments 
of  the  latter,  infused  a  spirit  of  vindictive  bitterness 
into  her  administration,  which  at  length  ripened  into  Her  intol- 
extreme  intolerance.     At  the  first  meeting  of  parlia- erance. 
meut  after  her  accession  to  the  throne,  an  act  was 
passed  vesting  in  her  the  whole  spiritual  power.     She 
might  alone  and  at  her  discretion  "  repress  all  heresies, 
establish  or  repeal  all  canons,  alter  every  point  of  dis- 
cipline, and  ordain  or  abolish  any  religious  rite  or  cer- 
emony."*    In  the  exercise  of  these  prerogatives,  she*Hume. 
devised  a  system  of  canons,  discipline,  and  ceremonials, 
which  was  established  as   TJie  Church  of  England,  its  The 
canons  and  forms  being  still  subject  to  the  revision  of  En^iand*^ 
the  queen.     In  the  further  exercise  of  these  powers,  estab- 
she  issued  a  proclamation  prohibitmg  all  preaching,  and 


208  THE  GOVERNMENTAL    HISTORY   OP 

Part  II.  nkw  kngland, 

The  Re-     limiting  the  services  of  the  church  to  the  reading  of 
mXr*^'°°  the  gospels  and  ten  commandments,  without  comment 
Elizabeth,  or  exposition,  together  with  the  litany  and  the  Apos- 
tles' creed.     These  ordinances   were  opposed  by  the 
advocates  of  greater  personal  freedom  in  matters  of 
religion,  and  the  consequence  was  that  many  of  tho 
most  distinguished  and    popular  of   the  clergy   were 
deprived  of  their  benefices,  fined,  and  imprisoned. 
The  The  doctrine  of  the  supremacy  of  the  sovereign  in 

Crown  s       |j  matters  of  religion  was  easily  submitted  to  when 
and  Pro-    the  Controversy  existed  only  between  the  pope  and  the 

testantism.  t>j.i  -j.  j.i  tt  t     ± 

crown.  13 ut  when  it  came  to  be  applied  as  between 
the  prince  and  the  people,  it  assumed  a  far  different 
aspect.  The  supremacy,  therefore,  of  Rome  on  the 
one  hand ;  the  supremacy  of  the  crown  on  the  other  ; 
Parties  and  the  non-supremacy  of  either  as  to  the  people, 
hyfu^  ^  formed  the  great  dividing  lines  of  parties  during  the 
reign  of  Elizabeth.  This  was  in  reality  but  the  more 
tangible  development  of  the  true  elements  of  freedom 
embodied  in  the  protestantism  of  the  reformation. 
The  same  spirit  of  liberty  and  independence  which  had 
prompted  Henry  VIII.  from  personal  motives  to  pro- 
claim the  crown  independent  of  the  pope,  now  led  the 
people  to  proclaim  themselves  independent  of  the 
crown  in  all  matters  of  religion.  The  intrepid 
avowal  of  this  liberty  by  the  more  zealous  of  the 
reformers,  and  their  earnest  determination  to  maintain 
it  at  all  hazards,  provoked  the  bitterest  hostility  of  the 
crown,  and  agitated  parliament  to  its  very  centre.  A 
court  was  erected,  called  "The  High  Commission  for 
Ecclesiastical  Affairs,"  whose  trials  were  summary, 
whose  decisions  were  arbitrary,  and  whose  inflictions 
were  almost  as  odious  and  cruel  as  the  penalties  of  the 
inquisition.  Confiscation,  deposition,  banishment,  im- 
prisonment and  death,  were  among  its  pains.  These, 
it  is  true,  were  inflicted  mostly  on  the  plea  that  the 
zealous  hostility  of  the  reformers  to  the  religious  estab- 
lishment amounted  to  treason  against  the  crown.     And 


THE  UNITED   STATES  OP  AMERICA.  209 


CAUSES    WHICH    LED    TO    ITS    SETTLEMENT.  PaRT    II 


SO  it  might,  and  the  sagacious  mind  of  Elizabeth  prob-Therc- 
ably  foresaw  that  there  was  apolitical  elemont  inherent ^'^™'^^'^'^ 

.  under 

in  the  protestantism  of  the  reformation  which  might  Elizabeth, 
one  day  weaken  the  secular  arm  of  the  sovereign,  if  it  Protest- 
was  not  even  then  undermining  its  power.     The  diffi-  '^"^'^"^  ^^^ 

^         ,  ^   .  supremacy 

culty  was,  that  the  civil  and  ecclesiastical  administra- inherentij 
tion  of  the  kingdom  were  so  intimately  blended,  that  a  °^ '  ^' 
reform  could  not  be  sought  in  the  one,  without  essen- 
tially opposing,  or  perhaps  even  advocating  the  over- 
throw of  the  other. 

But  having  reviewed  it  sufficiently  for  our  present 
purposes,  we  must  here  leave  the  general  subject,  and 
turn  our  attention  to  that  small  and  devoted  band,  of 
more  humble  and  less  erring  piety,  who  chose  rather 
to  seek  an  asylum  where  they  might  follow  the  dictates 
of  their  own  consciences  without  fear  of  provoking  the 
inflictions  of  intolerance,  or  offending  against  the  civil 
administration. 

Though  the  reformers  generally  agreed  in  the  senti- Parties 

ment  of  opposition  to  the  prerogatives  claimed  for  the  ^^J^^s  t^ie 
/.      T    •  1  .11       •        1  reformers, 

crown  in  matters  of  religion,  there  still  existed  a  variety 

of  opinions  among  them  respecting  the  authority  of  the 
church  and  her  ministers  ;  and  the  order  and  disciplino* 
of  religious  organizations.     Parties  were  formed  and 
sects  originated,  which,  in  different  degrees,  claimed 
also  the  right  of  association  independently  of  the  will 
of  the   priesthood,  or   the   enactments  of  parliament. 
This,  perhaps,  was  the  first  phase  in  which   the   pro- 
testantism of  the  reformation  developed  itself  in  op- 
position to  the   political   administration  of  the  king- 
dom.     The    tenets    held    by    the     most    prominent 
of  these  associations  were   reduced   to   a   system   by  The 
one    Robert    Brown,   a  well   educated    and    popular  J^^^^J'^'^*^  • 
preacher,  under  which  he  collected  together  a  large  tenets, 
number  of  followers.     He  taught  that  the  Established 
Church  was  itself  corrupt,  antichrist,  that  its  ministers 
were  unlawfully  ordained,  that  its  discipline,  its  ordi- 
nances, and  its   sacraments,  were    alike   unscriptural  « 
and  invalid,  and  prohibited  all   communion  with  it ; 


210  THE   GOVERNMENTAL   HISTORY   OP 

Part  II.  new  England, 

The  re-      that  the  scriptures  taught  that  any  association  of  chris- 
undef '^°  tians,  meeting  to  worship  God,  and  united  for  that  pur- 
Elizabeth,  pose,  constituted  in  and  of  themselves  a  church,  having 
exclusive  control  over  all   its   affairs  independent  on 
any  other  sect  or  society,  and  amenable  only  to  the 
great  head  of  the  church,  Christ — that  the  priesthood 
was  not  a  distinct  order  in  the  church — that  the  office 
itself  did  not  confer  any  superior  privileges  or  sanctity 
The  of  character — that  any  man,  qualified  to  teach,  might 

Brownists,  jjq  choscu  from  among  the  brethren  for  that  purpose, 
teuets.       and  set  apart  to  those  functions  by  the  laying  on  of 
their  hands — that  for  cause  shown  he  might  also  be  by 
them  deposed,  or  discharged  from  the  ministerial  office. 
He  further  insisted  on  a  public  profession  of  faith,  and 
that  the  general  affairs  of  the  church,  thus  constituted, 
should  be  regulated  by  a  majority  of  his  members. 
Treatment      ^^  needs  scarcely  a  moment's  reflection  to  understand 
of  the       i^ow  a  system  so  democratic  in  its  principles,  and  ad- 

Brownists.       .     .        ''       .  ,.,  „,..,.  ,      ,         , 

mitting  such  a  liberty  oi  disciphne,  was  calculated  to 
provoke  all  the  odium  of  the  civil  as  well  as  the  ec- 
clesiastical jurisdiction  of  the  kingdom.  Doctrines 
esteemed  so  heretical  and  so  damning,  so  wholly  sub- 
versive of  all  the  received  and  cherished  maxims  of 
government,  could  not  be  tolerated.  Accordingly  full 
and  heavy  were  the  vials  of  wrath  poured  out  upon 
their  devoted  advocates.  To  render  their  situation  still 
more  embarrassing,  their  leader.  Brown,  was  induced  to 
*  Butler's  abandon  them  and  conform  to  the  Established  Church,* 
Robertson.  ^  ^^^^  *^^^^^  particular  in  noting  the  origin  of  these 
different  sects  or  parties,  because  they  have  each  and 
all  contributed  to  give  an  indelible  hue  to  the  complex- 
ion of  the  governmental  history  of  New-England.  We 
may  easily  trace  their  quickening  energy  in  the  politi- 
cal regeneration  of  the  old  world,  but  it  would  be  diffi- 
cult for  the  historian  or  the  philosopher  to  define  the 
limit  to  their  influence  in  moiilding,  shaping,  nurturing 
and  establishing,  the  institutions  of  civil  and  religious 
•  freedom  throughout  our  own  land. 


THE    UNITED    STATES    OP    AMERICA.  211 

CAUSES    WHICH    LED    XO    ITS    SETTLEMENT.  PaRT    II. 

The  accession  of  James  I.  to  the  throne  did  not  at  The  ac- 
all  abate  the  rigor  of  the  ecclesiastical  policy  adopted  ^a^noTr,^ 
by  Elizabeth.     He  persecuted,   imprisoned,  and   ban- and  the 

rcloniifl.— 

ished.  The  followers  of  Brown,  now  called  brownists,  tion,  I603. 
or  independents,  were  made  the  special  objects  of  his 
intolerance.  To  avoid  its  increasing  fury  they  were 
compelled  to  flee  from  their  native  country,  as  they  ex- 
pressed it,  to  enjoy  purity  of  worship  and  liberty  of  con- 
science. 

They  sought  refuge  in  Holland,  where  alone  of  all  the  The 
countries  of  Europe  full  freedom  of  opinion  in  matters  3^^  ^°^^  ^ 
of  religion  was  no^v  tolerated.*     They  went  to  Amster- Holland. 
dam,  where  they  were  afterwards  joined  by  the  Rev.  ^j  g' "^'^  ^ 
John   Robinson  and  others.     They  placed  themselves 
under  his  pastoral  care  and  subsequently  removed  witli 
him  to  Leyden,  at  which  place  they  were  established  as  Are  joined 
a  congregational   church.     Here  the   learning,  piety,  gjjj  j^^j'^g, 
moderation  and  accomplishments  of  their  pastor,  and  mo^e  to 
their  own  exemplary  living,  secured  to  them  for  several  i6u9.   ' 
years  a  prosperous  tranquillity.     They  gained  the  con- 
fidence  and   the   good-will  of  the  people,  and  but  for 
fear  of  offending  England  would  have  received  signal 
demonstrations  of  the  public  favor.f     A  few  of  their  t  Winter- 
number,  not   finding   their   situation    altogether  con- 
genial in  so  phlegmatic  a  neighl)orhood,  began  to  grow 
discontented,  when  the  settlements  wiiich  were  being 
planted  in  America  by  the  first  colony  of  Vircrinia  drew  They  be- 

,     .  .  1  1       T  -,  gin  to  look 

their  attention  to  the  newly  discovered  country.  They  to  Ameri- 
at  once  regarded  that  as  a  field  opened  by  providence  ^^  ^^^' 
for  the  accomplishment  of  their  purposes.  There  they 
could  plant  their  church,  and  propagate  their  doctrines, 
both  of  faith  and  discipline,  beyond  the  reach  of  eccle- 
siastical usurpation.  Now  too,  an  opportunity  was  pre- 
sented for  them  to  evince  to  an  astonished  world  "  what 
manner  of  spirit  they  were  of."  They  were  not  to  be 
deterred  by  dangers  or  daunted  by  difficulties.  They 
were  not  men  whom  trifles  could  discourage,  or  disas- 
ters and  hardships  overcome.     Nor  were  they  of  that  * 


212  THE   GOVERNMENTAL   HISTORY   OF 

Part  II.  new  England, 

The  sickly  sentimentalism  which  would  forego  the  accom- 

ki™eydeu  P^ishmcnt  of  cxaltcd  purposes,  rather  than  break  away 
resolve  to  from  the  ties  and  endearments  of  home,  of  kindred,  or 
America     of  country.     By  eleven  years  of  banishment  they  "  were 
1616-18.    -^ell   weaned   from   the  delicate  milk  of  the   mother 
country,  and  inured  to  the  difficulties  of  a  strange  land." 
To  those  of  their  number  who  hesitated  they  said,  "  the 
difficulties  we  may  have  to  encounter  are  not  invincible, 
and  may  be  overcome  by  fortitude  and  patience.     The 
ends  we  propose  are  good  and  honorable.     The  calling 
is  lawful  and  urgent.     The  blessing  of  God  may  there- 
fore be  expected.     We  live  but  as  exiles  now,  and  are 
in  a  poor  condition.     The  truce  with  the  Spaniards  is 
hastening  to  a  close.     Nothing   but   preparations   for 
V  war  are  going  forward.     The  Spaniards  may  be  as  cruel 

as  the  savages,  and  pestilence  may  be  as  sore  in  Hol- 
land as  in  America." 
They  apply     In  pursuance  of  this  resolution  they  made  an  appli- 
Pi  *^^  th  ^^ti<^ii  to  the  second  colony  of  Virginia,  or  the  Plym- 
Coiony  for  outh  Company  for  a  grant  of  land  within  the  limits 
i^is'^ '      ^f  ^ts  patent,  to  be  accompanied  with  a  license  under 
the  seal  of  the  crown  giving  them  permission  to  settle 
in  America,  and  "  to  practice  and  profess  religion  in  the 
mode  which,  by  the  dictate  of  their  own  consciences, 
they  had  adopted."     James  refused  to  give  them  any 
The  appii-  such  assurances  of  toleration,  although  he  did  not  oth- 
cation  how  erwisc  discourago   the   contemplated  adventure.     His 

discourag-        „,  ,  ,.         .,.,,.  ., 

ed.  refusal  to  accede  to  their  wishes  in  this  respect,  how- 

ever,   deterred    them    from    undertaking  it.     At    a 
later  period,  finding  the  causes  of  discontent  with  their 
residence  in  Holland  increasing,  they  consented  to  ac- 
cept a  grant  from  the  company  without  requiring  the 
The  appli-  proposed    license    from    the    crown.     They  embarked 
neted  ^^"  ^^   ^Q^^t  Haven,  in   number  about  one   hundred  and 
1620.         one  souls,  on  the  twentieth  of  September,  1620,  and 
Embarka-  touclicd  at  Plymouth  in  England,  where  they  procured 
tion  from    their  grant  from  the  company,  and  proceeded  on  their 

Holland,  ^    ^  /.       -n-     -,         ,       •  t^ 

Sept.  1620.  voyage  thence  tor  Hudson  s  river.     By  some  design  on 


THE  UNITED    STATES  OP  AMETIICA.  213 

CAUSES    WHICH    LED    TO    ITS    SKTTl.KMKNT.  I'aKT    II. 

the  part  of  tlic  captain  of  their  vessel,  supposed  to  have  Their  arri- 
beeii   instigated    by  the   Dutch  who  cLaimcd  a  I'ight '^',1^1,".;^.^^^ 
and  were  about  to  send  there  a  colony  of  their  own,  ori'ec.  1620. 
by  the   company  in  England,  contrary  to   their   own 
wishes  and  intentions,  they  were  conveyed  far  to  the 
north  near  Cape  Cod.*     Here  they  found  themselves  *  Robert- 
beyond  the  limits  of  the  company's  jurisdiction  from  telljotham 
whom  tlieir  grant  was  obtained,  but  the  season  had  now  Butler, 
so  far  advanced  it  was  thought  inadvisable  again  to  put 
to  sea.     Having  appointed  John  Carver,  one  of  their 
number,  governor  for  one  year,  they  proceeded  to  ex- 
plore the  coast  in  order  to  select  a  favorable  spot  for  a  upon  tiie 
settlement.     On  the  tenth  day  of  November  they  floated  Ir'^^^^^ 

•'  •'  Kew-Eng- 

into  a  commodious  bay,  where  they  afterward  landed  land, 
and  planted  their  new  home. 

Planted  their  home  ! — From  the  proud  eminence  on 
which  we  now  stand,  there  is  not  in  the  whole  range 
of  historical  observation,  a  more  sublime  or  interesting 
spectacle  than  is  presented  in  the  history,  the  character, 
the  condition,  and  the  purposes  of  that  small  band  of 
exiled  emigrants  to  these  shores.  Neither  the  records 
of  human  enterprise,  or  of  human  adventure,  present 
any  parallel  like  this.  The  wildest  vagiaries  of  fiction 
cannot  equal  it.  One  hundred  and  one  persons,  in 
one  frail  vessel,  embarking  for  an  unexplored  country 
four  thousand  miles  distant  from  all  civilized  society  ! 
Home,  kindred,  country,  abandoned ;  the  hardships  of 
a  voyage  over  an  unknown  sea  encountered  ;  life  itself 
periled ! — and  for  what  ?  They  are  poorly  clad,  and 
the  shores  on  which  they  have  landed  are  bleak  with  Their  con- 
the  chill  winds  of  a  rigorous  winter.  Their  numbers  purposes^ 
are  few,  and  they  are  surrounded  by  numerous  savage 
and  hostile  tribes.  They  are  indifferently  supplied 
with  the  necessaries  for  subsistence,  and  they  tread  an 
uncultivated  and  a  frozen  soil.  The  bark  which 
brought  them  hither  still  floats  by  the  shore,  and  the 
home  they  have  left  is  still  open  to  their  return — and 
why  do  they  remain  ?     Is  it  gold  ?     Is  it  gain  ?     Is  it 


214  '  THE   GOVERNMENTAL   HISTORY   OF 

Part  II.  new  England. 

The  fame  ?     Is  it  conquest  ?     Is  it  plunder  ?     Is  it  any  one 

SXw'*'  0^  ^11  of  t^i<^s6  ^^^^^  tl^cy  seek  ?— Lot  themselves  and 
England,    the  sequel  of  their  history  answer. 

1620 

Before   they   landed,  they   drew   up   the   following 
compact : 


Their  com-     "In  THE  NAME  OF  GoD,  Amen.     We,  whose  names  are 
govern-     underwritten,  the  loyal  subjects  of  our  dread  Sovreign, 
ment.        King  James ;  by  the  grace  of  God,  of  Great  Britain, 
France  and  Ireland,  Defender  of  the  Faith :    having 
Motive  of  undertaken,  for  the  honour  of  our  king  and  country, 
their  visit.  ^  voyage  to  plant  the  first  colony  in  the  northern  parts 
of  Virginia,  do  by  these  presents,  solemnly  and  mu- 
tually, in  the  presence  of  God  and  one  another,  cove- 
nant and   combine    ourselves    together   a   civil   body 
Thecov-    politic,  for  our  better  ordering,  preservation,  and  fur- 
enant.        therance  of  the  ends  aforesaid ;  and  by  virtue  hereof, 
do  enact,  constitute,  and  frame,  such  just  and  equal 
laws,   ordinances,   acts,   institutions  and  offices,  from 
time  to  time,  as  shall  be  thought  most  meet  and  con- 
venient, for  the  good  of  the  colony ;  unto  which  we 
promise  all  due  reverence  and  submission. 

November  11th,  1620." 
Witness,  &c. 


Their  set-       This  compact  was  signed  by  forty-one  individuals, 
tlemeiit._    fQp  themselves  and  families.     I  have  already  observed 
that  no  provision  had  been  made  in  their  patent  from 
the  company  at  Plymouth,  which  contemplated  a  land- 
Their  em-  ing  SO  fap  to  the  north.     This  circumstance,  seemingly 
m^e'nts^fa-  ^^  trivial   and  untoward,  had    an  important   bearing 
vorable  to  upon  their  interests  and  the  objects  of  their  enterprise. 
Venture.     Having  landed  in  a  section  of  country  where  no  au- 
thority of  the  crown  had  prescribed  any  special  regu- 
lations, and  beyond  the  reach  of  the  grant  they  received 
from  the  company,  they  felt  themselves  more  at  liberty 
to  adopt  a  plan  of  their  own  to  govern  their  infant 
community ;  and  on  this  desolate  and  dreary  spot,  by 


THE   UNITED    STATES   OF   AMERICA.  215 

THE    COLONY    OF    NliW    PLYMOUTH.  1'AKT    II. 

this  small  band  of  neglected,  despised,  persecuted  and 
betrayed  exiles,  was  laid  the  foundation — "  not  of  one 
institution,  but  of  all  the  institutions,  the  settlements, 
the  establishments,  the  communities,  the  societies,  the 
improvements,  the  governments,  this  day  comprehended 
within  the  broad  and  happy  borders  of  New  England."**  Edward 
They  styled  themselves  The  Colony  of  New  Plym- ^^^^^"-^ 
OUTii,  and  erected  a  government  vesting  the  adminis- the  colony, 
tration  in  a  governor  and  one  a,ssistant,  to  be  elected 
annually  by  the  colonists.     They  provided  also  for  a 
general  assembly  of  the  people  to  deliberate  on  allgovem- 
matters    of    common   interest,  when   every   freeman,  ™f°'  ^^^ 

'  •'  '  admmis- 

being  a  member  of  the  church,  was  permitted  to  vote,  tration. 
The  common  law  of  England  was  their  general  guide 
in  matters  of  legislation,  but  most  of  their  juridical 
system  and  their  municipal  regulations,  were  borrowed 
from  the  institutes  of  Moses ;  and  they  adopted  the 
principle  of  a  community  of  goods,  in  imitation  of  the 
early  christians. 

It  is  a  noble  sentiment  to  be  cherished  by  the  citizen 
of  an  enlightened  christian  nation,  one  which  enkin- 
dles the  ardour  and  inspires  anew  the  devotion  of  the 
patriot,  that  heaven  smiled  on  the  foundation  of  his 
country,  and  that  its  care  has  protected  and  still  fosters 
her  liberties  and  institutions.  There  is  no  other  nation 
since  the  dispersion  of  the  favored  peoijlc  of  God, 
whose  history  presents  so  many  and  such  irrefragable  Pro viden-  ' 
proofs  of  an  over-ruling  providence  as  our  own.  The*"''.'.'^*®''' 
interventions  of  an  omniscient  agency  are  manifest 
even  from  the  very  cradle  of  her  existence,  and  the 
christian  historian  cannot  regard  them  with  silence  or 
indifference.  As  I  have  already  remarked,  the  number 
of  this  band  of  adventurers,  this  germ  of  a  future 
nation,  was  small,  consisting  now  of  about  one  hund- 
red and  three  persons,  male  and  female,  old  and  young. 
Before  the  spring  arrived,  nearly  lialf  their  number 
perished,  either  through  exposure  to  the  inclement 
clime,  or  by  famine,  or  by  disease.     The  survivors, 


216  THE  GOVEENMENTAL    HISTORY   OP 

Part  II.  new  England. 

Coiuiition  afflicted  and  enfeebled,  hardly  able  to  provide  for  their 
*'nUs  in*^^"  ^^^^  sustenance,  were  in  danger  of  extermination  from 
their  new  the  hostility  of  the  natives. 

1620-21.  W^  close,  for  one  moment,  the  volume  of  history 
and  ask — what  shall  be  their  fate  ?  Where  in  the  wide 
range  of  human  probabilities  can  they  look  for  succor 
or  assistance  ?  Diminished  in  numbers,  wasted  by 
famine,  debilitated  by  sickness,  without  the  ordinary 
Danger  of  means  for  defence,  four  thousand  miles  removed  from 
tion  b^'the  civilized  society,  how  shall  we  calculate  the  chances  for 
Indians,  their  preservation  ?  They  may  indeed  stretch  their 
aching  eyes  over  the  expanse  of  waters  which  rolled 
between  them  and  the  home  of  their  kindred,  hope 
they  were  not  forgotten,  and  listen  for  a  response  as 
they  breathed  the  Macedonian  cry,  "  Come  over  and 
help  us!"  But  in  vain,  all  such  expectations  were 
delusive.  Their  kindred  knew  not  their  destiny.  The 
opulent,  the  honorable,  the  powerful,  or  the  mighty, 
cared  not  for  them,  or  enquired  as  to  their  fate.  How 
now  pre-  then  shall  they  be  preserved  ?  We  open  again  the 
volume  of  history,  and  find  the  record  of  their  deliver- 
ance written  in  these  words — "a  pestilence  appeared 
among  the  Indians,  whose  fearful  ravages  swept  off 
entire  tribes  in  a  very  few  weeks,  and  those  which 
remained  were  easily  brought  to  terms  of  amity  and 
conciliation." 
Their  reii-  Still  it  required  all  the  consolations  which  the  Bible 
Btrennh,  could  fumisli  to  sustain  them  amid  the  trials  which 
they  were  called  to  encounter — And  these  were  suffi- 
cient. The  undisturbed  enjoyment  of  their  religion, 
their  true  faith  and  their  unwavering  confidence  in  the 
future,  enabled  them  to  battle  against  all  difficulties 
with  an  unparalleled  firmness :  And  so  they  persevered 
with  a  calm  resignation  and  unconquerable  patience  : 
With  heroic  fortitude  and  unfailing  virtue  they  showed 
themselves  equal  to  the  trust  committed  to  them. 
Others  might  smile  at  their  folly  and  compassionate 
their  weakness,  but  to  the  eye  of  their  faith  it  was 


THE   UNITED    STATES   OP   AMERICA,  217 

THK    COLONY    OF    NEW    PLYMOUTH.  PaRT    II. 

revealed  as  with  the  light  of  a  suii-bcam  that  they  were 
planting  the  home  of  civil  and  religious  liberty  for  the 
benefit  of  all  mankind.  Thus  trusting  and  believing, 
they  lived  and  prospered,  and  soon  subdued  this  inhos- 
})i table  country  so  that  it  yielded  them  a  shelter,  and 
in  time  a  comfortable  subsistence.  At  the  close  of  the 
fourth  year  their  plantation  contained  one  hundred  and 
eighty  persons,  thirty-two  dwelling-houses  and  "  a  fort 
composed  of  wood,  lime  and  stone,  with  a  tower  upon. 
it,  which  was  erected  on  a  mound  in  the  centre  of  the 
town  "  *  *  ^"■''s^^^' 

In  1625  the  Rev.  John  Robinson  died  at  Leyden,  and  Further  ar- 
the  remainder  of  his  congregation  subsequently  joined  Leyden*™ 
their  brethren  in  New  Plymouth.     Having  as  yet  re- Holland, 
ceived  no  title  to  the  settlement  which  they  occupied, 
they  at  this  time  made  an  application  to  the  grand 
council  of  Plymouth,  and  obtained  from  them  a  grant  Grant  from 
of  land,  but  without  any  charter  of  incorj»oration  from  qJ^jj^!Jj°  ^ 
the  crown.     Quiet  and  unmolested,  more  peaceful  and  Plymouth, 
tolerant  than  the  settlements  which  grew  up  around 
them,  they  remained  under  the  constitution  of  govern- 
ment which  they  had   at    first  adopted — a  voluntary 
association  governed  by  laws  and  magistrates  of  their 
own  choosing — until  the  year  1634. f  when  they  were  f  Robert- 
brought  under  the  general  jurisdiction  of  the  Massa- ^°"*  ^^g 
chusetts  Bay  company.     The  history  of  this  company  Mather's 
must  now  claim  our  attention.  ^^^ 


The  colony  of  New  Plymouth,  as  we  have  seen,  was  Origin  of 
not  settled  under  the  auspices  of  the  second  colony  of  *j'*^  Massa- 
Virginia,  although  it  was  planted  on  the  territory  com- Bay  Co. 
prehended  within  the  limits  of  its  jurisdiction  in  Amer- 
ica.     That  company   had    indeed  made  no  laudable, 
hardly  any  noticeable  efforts  to  improve  the  condition 
of  the  country.     Accordingly  James  I.  issued  a  new 
patent  to  the  then  Duke  of  Lenox,  the  Marquis  of 
Buckingham,  and   others,  confirming  to  them  a  still 
more  liberal  grant  of  territory,  powers  and  privileges, 


218  THE   GOVERNMENTAL    HISTORY   OF 

Part  II.  new  England, 

Patent  of  tliaii  wGrc  conveyed  to  the  former  patentees  ;  and  with 
establish-  pi'ovisions  similar  to  those  contained  in  the  new  patents 
ingthe  granted  to  the  first  colony  of  Virginia.*  This  new 
Council  of  company  was  styled  The  Grand  Council  of  Plymouth 

Plymouth,  -^q^  PLANTING  AND  GOVERNING  NeW  ENGLAND.  This 
Nov.  3,  n  • 

1620.         patent  conveyed  to  the  patentees  "  all  the  territory 

*See         between  forty  and  forty-eight  degrees  N.  L.     And  in 

length  of  and  within  all  the  breadth  aforesaid  through- 

•l-iHist.     out  the  main  land  from  sea  to  sea.f"     The  motive  as- 

cribed  to  James  I.  in  making  this  grant  to  persons  whose 

wealth,  rank,  and  influence,  seemed  to  promise  a  more 

speedy  accomplishment  of  the  objects  contemplated  in 

establishing  the  former  company,  was  a  desire  to  prevent 

the  occupation  of  the  country  by  men  professing  the 

sentiments  and  bearing  the  name  of  the  puritans. 

Distinction     -pj^^   names   puritan   and    brownist   are   indiscrimi- 

the^uri-    nately  used  by  historians :     And  although  there  was  a 

tans  and     gi^iilaritv  in  somo  of  the  essential  features  of  their 

Urownists.  •' 

respective  plans  of  church  order  which  would  seem  to 
excuse  the  error,  yet  it  is  well  known  that  the  former, 
with  a  large  proportion  of  the  non-conformists,  repealed 
many  of  the  laws  and  ordinances  of  Brown.     It  should 
•*   be  borne  in  mind  too,  that  the  term  puritan  did  not 
originate  in  England  until  after  the  brownists  went  to 
1 1603-4.    Amsterdam. $     The  latter  were  afterwards  merged  into 
an  association  called  congregationalists  under  the  pas- 
toral care  of  the  Rev  John  Robinson,  and  removed  to 
Leyden,  whence  they  came  to  New  England,  and,  as  we 
have  seen,  established  the  colony  of  New  Plymouth. 
Origin  of       When  Henry  VIII.  defied  the  pope  in  the  matter  of 
caUcdPu-  l^is   marriage    with   Anne    Boleyn,§   though    he    was 
ritans.       prompted  by  an  unholy  purpose,  it  was  nevertheless  an 
ISt  I°*^*  assertion  of  personal  freedom  and  independence  extreme- 
ly hazardous  to  his  own  prerogatives  of  political  power. 
It  was  an  avowal   of  personal   liberty  and    personal 
responsibility  which   opened  the  way  for  as  bold  an 
assertion  of  personal  independence  among  his  own  peo- 
ple.    No  matter  how  rapid  or  how  tardy,  how  free  or 


THE  UNITED    STATES   OP  AMERICA.  219   * 

AND  THE  GRAND  COUNCIL  OF  PLYMOUTH.  PaUT  II. 

how  fettered  on  its  way,  the  progress  of  the  protcstant  Origin  of 
clement  of  the  reformation  had  already  raised  the  indi-  ^''^,  '^^'^' 

*'         ^  _  called 

vidual  man  in  the    scale  of  human   estimation,  andrurltana. 
opened  to  his  contemplation  and  his  hopes  new  views 
of  his  importance  and  his  responsibility,  his  rights  and 
his  duties.     Hence  the  exorbitant  prerogatives  claimed 
for  the  crown,  as  well  as  for  the  church  and  its  minis- 
ters, were  considered  in  their  bearing  not  only  upon  the 
religious  freedom,  but  also  upon  the  personal  and  polit- 
ical liberties  of  the  subjects.     To  these  sources  we  must  Protestant 
refer  the  origin  of  those  various  factions,  political  and  fhJ refor^. 
religious,  which  agitated  the  kingdom  when  James  I.  as-ation  in 
cended  the  throne.     I  shall  have  occasion  hereafter  to     ° 
refer  to  the  former,  and  as  to  the  latter  it  is  sufi&cient  here 
to  remark,  that  from  among  them  there  arose  two  parties 
of  protestants,  both  alike  hostile  to  the  papal  authority, 
but  differing  widely  as  to  the  mode  and  the  distance  of 
their  separation  from  its  doctrines  and  its  discipline. 
The  one  were  the  followers  of  Luther,  the  other  of  Calvin. 
The  one  became  embodied  in  the  English  church,  and 
•the  other  composed  the  great  body  of  dissenters  who, 
variously  and  in  different  degrees,  repudiated  the  order 
of  ministers,  ceremonials,  institutes  and  canons,  derived    ** 
from  Rome.     Among  the  latter  there  was  a  party  or 
sect,  who  held  that  the  crown  was  no  more  the  head  of 
the  church  than  the  pope — that  the  church  of  England 
■was   itself    papal   and    unlawful — that    the   authority 
claimed  for  her  prelates  was  contrary  to  the  freedom 
of  the  Bible — and  that  her  offices,  courts,  and  canons, 
were  alike  unwarranted  by  the  word  of  God :     They 
regarded  all  these  as  human  assumptions,  or  imposi- 
tions of  the  clergy,  or  corruptions  and  inventions  which 
had  crept  into  the  church  subsequently  to  the  days  of 
the  Apostles,  and  refused  to  conform  to  them.     Hence 
they  were  called  separatists  or  non-conformists.     From  separatiata 
the  zealous  and  intrepid  perseverance  with  which  some  '^"^  "*'"- 
of  them  adhered  to  the  Bible  as  the  only  rule  of  faith  ists. 
to  man,  and  opposed  these  various  claims  and  innova- 


220 


THE   GOVERNMENTAL    HISTORY  OP 


Part  II. 


NEW    ENGLAND, 


Origin  of 
the  sect 
called 
Puritans. 


*  Hume. 


The  politi- 
cal ele- 
nieuts  of 
Puritau- 
ism. 


James  I. 
and  the 
Puritans. 


tions,  conteiiding  for  their  total  abolition  and  the 
restoration  of  "  scripture  purity,"  they  were  called 
puritans. 

Princes  and  learned  prelates,  churchmen  and  bigots, 
a  jealous  priesthood  and  a  prejudiced  or  ignorant  laity, 
may  think  and  speak  of  them  as  they  will,  but  we 
have  high  historical  authority  for  saying  "  that  the  pre- 
cious spark  of  liberty  was  kindled  and  preserved,  in 
defiance  of  the  absolute  authority  claimed  for  the  church 
and  the  crown,  by  the  puritans  alone.  And  it  is  to 
this  sect,  whose  principles  appeared  so  frivolous,  and 
whose  habits  so  ridiculous,  that  the  English  owe  the 
whole  freedom  of  their  constitution."*  The  truth  of 
history  authorizes  us  to  add,  that  to  the  same  sect  or 
party  we  owe  the  whole  freedom  of  our  own  federal 
constitution,  and  every  other  constitution  in  our  land. 
They  were  the  first  to  develope  in  their  platform  of 
principles  the  political  elements  of  protestant  freedom. 
Theirs  was  indeed  the  purity  of  protestantism.  They 
claimed  openly  and  distinctly,  and  they  proved  by  prac- 
tical reasoning  and  irresistible  logical  demonstration, 
that  religious  liberty  and  civil  liberty  were  correlative 
and  co-existent.  That  the  one  could  not  be  fostered 
in  its  purity  independently  of  the  other.  That  the 
right  to  freedom  of  conscience  and  freedom  of  worship, 
necessarily  involved  the  right  of  personal  and  political 
liberty. 

Before  James  I.  ascended  the  throne  he  had  taken 
considerable  interest  in  the  spread  of  protestant  princi- 
ples, and  regarded  the  cause  of  the  reformers  generally 
with  peculiar  care.  He  had  subscribed  his  name  to  the 
Scotch  national  covenant,  had  interceded  for  the  per- 
secuted clergy,  and  had  even  denounced  the  services  of 
the  established  church  as  an  evil-said  mass  in  English. 
But  no  sooner  had  he  received  the  crown  and  tasted 
the  prerogatives  of  supremacy,  than  he  forgot  his  own 
pledges,  forgot  the  relation  and  rights  of  the  subject, 
and  became  a  violent  persecutor ;  and  he  was  more  par- 


THE    UNITED    STATES    OF   AMERICA.  22l 

AND  THE  GRAND  COUNCIL  OF  PLYMOUTH.  PaRT  II. 

ticularly  violent  towards  the  puritans.     With  a  show  His  con- 
of  justifying  his  conduct,  under  the  specious  pretence  ^."'i^s"" 
of  combating  their  political  as  well  as  religious  notions,  them. 
he  consented  to  hold  disputations  with  them  at  Hamp- 
ton Court.     The  more  furtive  motive,  however,  was  to 
ascertain  who  were  their  more  powerful  and  prominent 
champions,  that  he  might  visit  upon  them  the  fury  of 
his  resentment ;  peradventure    he  might   thereby  dis- 
pirit and  disperse  their  followers.     But  finding  that 
these  discussions  served  more  to  magnify  their  import- 
ance and  to  increase  their  numbers,  he  resorted  to  open 
persecution,  and  the  whole  power  of  his  crown  was  ex- 
erted to  exterminate  them.     At  this  crisis  the  prosper- 
ous condition  of  the  small  colony  already  planted  at 
New  Plymouth  in  America  attracted  the  attention  of 
the  puritans  in  England.     They  saw  them  removed  far  The  Puri- 
beyond  the  reach  of  the  cruelties  of  intolerance,  and*'^"'^P™' 

•'  _  '  pose  to  go 

determined  to  seek  an  asylum  on  the  same  shores,  where  to  New 

they,  too,  might  enjoy  their  faith  in  freedom  and  full   °°  *°  ' 
security. 

But  James  foresaw  or  apprehended  the  consequences 
should  they  be  permitted  to  plant  themselves  independ- 
ently in  America,  and  incorporated  the  new  company  to 
which  we  have  referred,  under  whose  superintendence 
and  control  it  was  intended  to  bring  the  settlers  of  New- 
England.     By  this  new  patent  the  charter  of  the  orig- 
inal Plymouth  company  was  renewed  and  the  privileges 
of  the   corporation   were  enlarged.     But   although  it 
Was  endowed  with  such  liberal  prerogatives,  all  its  at- Failure  of 
tempts  at  colonization  were  unsuccessful.     The  patent  1^*^^^^*®^* 
conferred  a  monopoly  of  trade  within  its  limits,  and  of  grand 
fisheries  in  the   adjacent  seas.     These  provisions  wiere  Plymouth, 
complained  of  l)y  the   merchants  and  traders  in  Eng- 
land, were   censured   in  parliament,  and  finally  relin- 
quished by  the  patentees,  who  in  consequence  aban- 
doned the    project  of  settling   the   country.     "Thus" 
says  Dr.  Rol)crtson,  "  New  England  must  forever  have 
remained  unoccupied  if  the  same  causes  which  occa- 


222  THE   GOVERNMENTAL   HISTORY   OF 

Part  II.  new  England, 

James  fa-  sioiied  the  emigration  of  the  puritans  (Brownists  or 
^"^j.^^^j^^  Plymouth  settlers)  had  not  continued  to  operate."     It 
of  the  pu-  was   doubtless   a   like   conviction   which   induced^  the 
"onse-*      crown  to  acquiesce  in  the  grant  of  a  charter  to  them, 
quence.      j^or   although   they  had  made   repeated   applications, 
it  was  not  till  after  this  second  company,  which  had 
been   instituted   for  the   express   purpose,   had   aban- 
doned all  idea  of  a  further  attempt  at  a  settlement  of 
the  country,  that  their  application  was  at  all  respected. 
Death  of        Jamcs  I.  died  in  1625,  and  the  execution  of  the  code 
and^ruc-    ^^®  ^^^^  dcviscd  for  the  government  of  his  colonies  in 
cession  of  America  was  left  to  his  son  and  successor,  Charles  I. 
1625.       '      Soon  after  the  accession  of  Charles  I.  through  the 
See  Part  I.  efficient  instrumentality  of  the  Rev.    Mr.    "White,  an 
association  was  formed  of  men   professing  the  senti- 
ments of  the   puritans,  who  obtained  from  the  grand 
Grant  from  council  at  Plymouth,  a  grant  of  territory  in  New  Eng- 
couiSo  ^^^^  "  extending  from  three  miles  north  of  the  river 
the  puri-    Mcrrimac,  to  three  miles  south  of  Charles'  river,  and 
March  19,  from   the  Atlantic  to  the    South    Sea,"  or  indefinitely 
i^^*^-         into  the  interior  of  the  country.     This  patent  was  exe- 
cuted to  Sir  Henry  Roseville  and  others.     They  fitted 
out   an   expedition   under   Capt.    John   Endicott   and 
Settlement  planted  a  settlement  at  Nahumkeck,  now  Salem,  in  the 
of  Salem.   jjjqj^^t[-^  Qf  September  following. 

Elements  The  elements  of  political  liberty  embraced  in  the 
of  popular  protestantism  of  the  puritans  rendered  it  necessarily  ag- 
puritanism  grossivc  Bud  impatient  of  restraint.     It  waited  not  for 


favorable 
to  its 


the  full  development  of  hostility  to  its  principles  before 
growth  as  it  assailed  the  barriers  which  stood  in  the  way  of  its 
*  P^^  y-  progress.  And  as  its  legitimate  and  inherent  tendency 
w^as  to  an  ultimate  separation  of  church  and  state,  it 
drew  to  its  support,  if  not  within  the  fold  of  its  parti- 
zanship,  many  men  of  rank  and  opulence  who  yet 
cared  not  to  concern  themselves  about  its  religious  pe- 
culiarities. These  were  not  the  open  or  avowed  advo- 
cates of  its  sentiments,  but  yet  had  sagacity  enough  to 
foregather   from   the  arbitrary  and  reckless  reign  of 


THE    UNITED    STATES   OP    AMERICA.  223 

AND    THE    MASSACHUSETTS    BAY    COMPANY.  pAUT    II. 

Charles  I.,  that  an  asylum  for  freedom  could  not  too  Puritanism 
soon  be  planted  on  the  distant  continent  of  America,  j'y  thg^ios- 
Parliament  itself  began  to  be  disturbed  by  the  convul-  tiiity  of 
sIyc  throes  which  now  agitated  the  heart  of  the  people, 
and  liy  its  discussions  and  enactments  was  drawn  into 
the  whirlpool  of  those  discordant  factions  Avhich  were 
revolutionizing  the  kingdom.     As  the  progress  of  puri- 
tanical sentiments  became  thus  more  rapid  and  ram- 
pant, hostility  to  them  became  more  violent  and  viru- 
lent.    Hence   the   more  humble  and  devoted  of  their 
advocates  became  more  eager  to  escape  from  the  cru- 
elties of  a  self-defensive  intolerance,  on  the  part  of  the 
church  and  the  crown. 

But  most  of  them  were  without  the  means  necessary  The  politi- 
to  carry  out   their  purposes  of  emigration,  and   they  ^^'^^j^® ^ '^^ 
applied  to  their  more  opulent  and  influential  friends  to  puritanism 
aid  their  enterprise.     These,  as  I  have  intimated,  were  to  their 
governed  more  by  political  aims,  and  were  unwilling  to  Purpose  of 
rely  upon  a  grant  derived  from  a  company  whose  j^ower  tion. 
to  transfer  political  privileges  they  at  least  questioned. 
They  therefore  proposed  to  the  proprietors  of  the  grant 
already  obtained  from  The  Grand  Council  at  Plymouth, 
to  apply  directly  to  the  crown  for  a  patent  which  should 
include  them  by  name,  and  invest  them  with  full  cor- 
porate powers,  with  the  privilege  also  of  locating  the 
company  in  London.     They  accordingly  applied  for  and 
obtained  from  Charles  I.  a  patent  containing   the  re-ThcMassa- 
quircd  provisions.     They  were  established  under  it  as  BaTcom- 
a  body  politic  and  corporate  by  the  name  of  The  Go y- P'^")' i'lcor- 

porated 
ERNOR    AND    CoJIPANY    OF    THE     MASSACHUSETTS     BaY    IN  March  4, 

Xew  England.  •^''-^• 

This  charter,  after  reciting  former  grants  of  tlic  same  General 
territory  to  former  companies,  invested  the  new  com- ''["P'?"^. 
pany  with  power  to  acquire  and  convey  lands,  to  have  tcr. 
a  common  seal,  &c.      Its  administrative  powers  were 
vested  in  a  governor,  deputy  governor,  and  eighteen' 
assistants  in  London,  who  were  in  the  first  instance 
named  by  the  crown,  and  were  annually  thereafter  "to 


224  THE   GOVERNMENTAL    HISTORY   OP 

Part  II.  new  England, 

The  Mass.  be  from  time  to  time  constituted,  elected  and  chosen, 
iucorpora-  o^^^  of  the  frecmcn  of  the  said  company  for  the  time 
n^  V  T  heing."  The  legislative  powers  of  the  company  were 
March  4, '  Vested  in  the  whole  body  of  the  proprietors,  who  were 
'^^^"  authorized  "to  make,  ordain,  and  establish,  all  manner 
of  wholesome  and  reasonable  orders,  laws,  statutes,  and 
General  Ordinances,  directions  and  instructions,  so  as  such  laws 
ofthe^char-'^^i^  Ordinances  be  not  contrary  or  repugnant  to  the 
ter.  laws  and  statutes  of  the  realm  of  England."     Lands 

were  to  be  holden  by  the  company,  and  by  the  purchas- 
ers and  settlers  under  them,  by  the  most  liberal  condi- 
tions of  tenure,  "in  free  and  common  soccage  and  not 
in  capite  or  by  knight's  service,  yielding  to  the  crown 
one-fifth  part  of  all  ore  of  gold  and  silver." 
Quorum         The  governor,  deputy  governor,  with  seven  assistants, 
actingbusi- '^*^^^^^^^^it^^  a  quorum  for  the  transaction  of  business, 
ness.  "for  the  better  ordering  and  directing  of  their  affairs;" 

for  which  purpose  they  were  to  meet  once  a  month,  "or 
General      oftcuer  at  thcir  pleasures."     The  body  of  the  proprie- 
sessions     tors  Constituted   the   general  court  of  the   company, 
and pow-    -yvhich  was  to  meet  four  times  a  year,  "upon  every  last 
Wednesday   in   Hillary,  Easter,   Trinity   and   Mich'as 
Terms  respectively ; "  for  the  purpose  of  admitting  free- 
men to  the  freedom  of  the  company,  electing  officers, 
and  enacting  laws  and  ordinances  for  its  government 
and   the    government   of  its   plantations   in   America. 
Power  was  also  given  to  the  patentees  to  transport  all 
persons  and  things,  "  without  paying  custom  for  seven 
years,"  except  such  as  should  thereafter  "by  special 
name  be  restrained  by  the  crown,  its  heirs  or  success- 
Exemption  ors."     The  company  and  settlers  were  also  exempted 
andim-      from  all  taxcs  and  imposts  in  New  England  for  seven 
posts.        years,  and  for  twenty-one  years  from  imposts  on  ex- 
ports except  five  per  ct.  after  seven  years.     "All  sub- 
jects inhabiting  in  the  lands  granted,  and  their  children 
which  shall  be  born  within  the  plantation,  to  have  and 
enjoy  all  liberties  and  immunities  of  free  and  native- 
born  subjects  of  England."     "  The  governor  and  deputy 


THE  UNITED   STATES   OP   AMERICA.  225 

AND    THK    MASSAClirSKTTS    BAY    COMPANY.  PaRT    II. 

governor  of  the  company  for  the  time  being,  or  either  incorpora- 
of  them,  and  any  two  or  more  of  the  assistants  there-  chariL  I., 
unto  appointed  by  the  said  governor  and  company,  at  ^^="'^h  4r, 
any  of  their  courts,  are  fully  empowered  and  required 
to  administer  the  oath  of  supremacy  and  allegiance,  or  Oath  of 
either  of  them,  to  all  and  every  person  or  persons,  which  '^^^J^  aUe- 
shall  at  any   time  hereafter  go   or  pass  to  the  lands  s^^'^ce. 
and  premises  hereby  meutioned  to  be  granted  to  inhabit  cj^i^j^jg^^* 
in  the  same."*  Records. 


Historians  have  speculated  a  good  deal  upon  the  sup- 
posed readiness  with  which  the  king  granted  to  this 
company  a  patent  containing  such  liberal  powers  and 
privileges,  or,  as   they  express  it,  "so  free  from   the 
restraints  which   had   hitherto   been   imposed  by  the 
crown."     Wilson  tells  us  that  it  was  "a  desire  to  re- Motives 
lieve  his  kingdom  from  the  religious  and  political  agita- [°^  |™"^" 
tions  of  the  puritan  party  by  opening  for  them  an  assy- charter  as- 
lum  in  a  foreign  land."     This  was  the  very  opposite  of  mstorians. 
the  motives  ascribed  to  James  I.  in  refusing  to  grant  a  See  Part  I. 
similar  application  made  by  the  puritans   themselves, 
and  is  at  variance  with  the  subsequent  interdict  of  the 
same  monarch.     Bancroft  reasons, — that  "the  patent- Bancroft, 
ees   could   not  foresee,  nor   the   English   government 
anticipate,  how  wide  a  departure  from  English  usages 
would  grow  out  of  the  emigration  of  the  puritans  to 
America."     This  may  be  strictly  true  as  a  matter  of 
fact,  and  still  it  does  not  reach  the  question  at  issue. 
He  says  farther — "the  charter,  according  to  the  strict 
rules  of  legal  interpretation,  was  far  from  conceding  to 
the  patentees  the  freedom  of  religious  worship."     This 
also  may  be  true,  and  still  it  does  not  help  to  decide 
the  matter  in  controversy,  the  motives  of  the  king  in 
granting  the  charter.     Grahame  says,  "  By  the  puritans  Grahame, 
and  the  puritan  writers  of  that  age,  it  was  sincerely 
believed,  and  confidently  maintained,  that  the  intend- 
ment of  tlie  charter  was   to  bestow  on  the   colonists 
unrestrained  liberty  to  regulate  their  ecclesiastical  cou- 
15 


226  THE   GOVERNJIENTAL   HISTOEY   OF 

Part  II.  new  kngland, 

Motives  stitiitioii  by  the  dictates  of  their  own  judgment  and 
iug  the  consciences."  The  difficulty  with  this  supposition  is, 
charter  as- iijr^l;  "the  puritan  writers  of  that  age"  did  not  specu- 

signed  by  -^  °  ^ 

Historians,  late  upon  the  nature  of  the  charter  until  years  after  the 
period  when  it  was  issued,  and  tlie  puritans  themselves 
were  not  placed  in  a  condition  to  call  for  a  controversy 
about  its  particular  j^rovisions  until  after  the  company 
to  which  it  was  granted  had  forfeited  it  to  the  crown, 
and  they  attained  to  the  position  of  a  colony  in  Ameri- 

Robertson. ca.  Dr.  Robertson  says,  "the  king  seems  not  to  have 
foreseen  or  suspected  the  secret  intention  of  those  who 
j)rojCcted  the  measure;"  and  of  this  we  have  no  doubt, 
as  we  have  already  intimated  in  the  text.  But  to  the 
point  at  issue.  It  is  conceded  on  all  hands,  and  the 
fact  is  so,  that  the  charter  did  not  contain  any  positive 
provisions  or  directions  respecting  the  institutions  and 
observances  of  religion,  unless  perchance  the  provision 
that  their  laws  and  ordinances  should  be  agreeable  with 
the  laws  of  England,  might  be  so  construed.  And  we 
must  confess,  there  is  much  ground  for  such  an  argu- 
ment. But  even  then  what  becomes  of  the  question  in 
controversy,  the  motive  of  the  crown  in  granting  the 
charter  so  readily  or  at  all?  The  truth  of  the  matter 
is,  there  was  no  particular  care  taken,  no  particular  skill 
exercised  by  and  no  particular  motive  operated  with 

Real  mo-    the  crown  other  than  what  we  have  mentioned,  a  desire 

n-rant^^  *^®  to  occupy  the  country  and  to  make  it  tributary  to  the 
resources  of  the  kingdom.  All  other  efforts  having 
failed,  the  crown  assented  to  the  application  of  the 
puritans  as  the  only  prospect  of  settling  New  England. 
Nor  Avas  there  anything  in  the  provisions  of  the  charter 
so  peculiarly  liberal  as  is  contended.  It  was  natural 
enough,  after  the  company  had  been  formed,  and  after 
its  settlements  had  been  planted  and  grew  in  America, 
and  after  the  charter  was  declared  forfeited,  that  the 
nature  of  its  provisions  should  become  a  matter  of 
speculation  and  controversy  among  all  parties.  But 
there  was  nothing  in  the  circumstances  to  originate  any 


THE   UNITED   STATES   OP   AMERICA.  227 


AND    THK    MASSACHUSETTS    BAY    COMPANY.  PaRT    II. 

such  discussion  at  the  time  it  was  procured.      There  The  real 
was  nothhig  in  the  character  of  the  applicants  for  it  toj-,',"  !,^,r,„t. 
excite  tlie  apprehensions  of  the  crown.     Those  of  them  i"S  the 
who  asked  for   the  charter  and  openlj  avowed   their 
intention  to  plant   themselves  in    New  England  were 
known  to  be  of  the  puritan  faith.     And  altliough  as 
a  religious  sect  thej  were  sufficiently  obnoxious    for 
Charles  to  rejoice  in   the   prospect  of  their  removal 
beyond   the    sea,    still   the    existence   of    the   puritan 
party  as  a  political  organization,  was  not,  at  this  early 
period  in  his  reign,  sufficiently  defined  or  known  to 
excite  apprehension  or   suspicion  of  any  ulterior  de- 
sign in  the  application  made  for  this  charter.     The  pro- 
prietors of  the  company  named  in  it  were  not  open  or 
avowed  advocates  of  puritanical  sentiments.     They  did 
not  apply  for  the  charter  as  a  political  party,  or  entirely 
as  a  religious  sect,  but  as  a  commercial  and  trading  cor- 
poration.   Similar  patents  had  been  frequently  issued  to 
similar  associations  of  his  subjects,  and  each  in  its  turn 
had  failed  of  accomplishing  its  object;  why  should  not 
another  be  permitted  to  try  the  same  experiment?     The 
corporation  was  to  be  located  at  London,  its  business  to 
be  transacted  there,  all  under  the  immediate  supervis- 
ion of  the  sovereign.     What  objection  then  to  its  estab- 
lishment?    We  dwell  upon  this  point  because  it  has  a  import- 
more  important  bearing  on  the  actual  development  of  tMs^point. 
free  principles  in  America,  and  the  claims  afterwards 
made  by  our  puritan  fathers  as  colonists  and  subjects 
of  Great  Britain  than  at  first  appears.     It  must  be 
remembered  that  the  charter  was  issued  to  a  commer- 
cial company  to  be  located  in  London.     How  that  com 
pany  lost  this  character,  and  became  a  colony  of  free- 
men ill  New  England,  tlie  sequel  will  sliow.     The  great 
error  of  historians  has  been  in  confounding  the  com- 
panies with  the    colonies,  and  not  distinguishing  be- 
tween them. 

But  whatever  controversy  may  thereafter  have  arisen, 
as  to  the  designs  of  the  crown,  or  the  company,or  as  tothe 
express  or  implied  provisions  of  their  charter,  it  is  certain 


228  THE   GOVERNMENTAL    HISTORY   OP 

Part  II.  new  England, 

that  the  proprietors  of  the  patent  were  not  deterred  from 
prosecuting  tlie  objects  they  had  in  view ;  and  the  puri- 
tans did  not  hesitate  to  embark  under  their  auspices. 
First  ex-         The  first  expedition  under  the  management  of  this 

pedition  .  pi  •        i  i       /.    a       -i  . 

under  this  Corporation  was  fitted  out  in  the  month  of  April  in  the 

1629^^ '^'''  ^^^^^^  year.     It  consisted  of  five  ships  and  upwards  of 

three  hundred  emigrants,  all  of  whom  were  of  the 

religious    sect  of   the   puritans,   and  were    seeking  a 

refuge   from   the   persecutions   of    their   native   land. 

They  reached  the  shores  of  New  England  in  the  month 

of  July  following,  and  settled  themselves  at  Salem,  where 

Capt.  Endicott  had  already  planted  his  infant  colony. 

Ordinance      Prcvious  to  their  departure  from  England  the  folio w- 

erai  Court  ii^g  proceedings  were  had  in  the  General  Court  of  the 

for  the       company  in  relation  to  the  government  of  the  colony. 

ment  of         '■''At  a  General  Court,  h olden  at  London,  the  oOth  day 

t  c  CO  0-     ^j  ^pyii^  1629,   hy  the  governonr  and  company  of  the 

Massachusetts  Bay  in  New  England. 

"  Whereas  the  king's  most  excellent  majesty  hath 
been  graciously  pleased  to  erect  and  establish  us,  by  his 
letters  pattents,  under  the  great  seal  of  England,  to  be 
Recital  of  a  body  corporate,  entitled  The  Governor  and  Company 
given  by  of  the  Massachusetts  Bay  in  New  England  ;  and  thereby 
the  Char-  ii^th  cudowcd  US  witli  many  ample  privileges  and 
immunities,  with  power  to  make  good  and  wholesome 
laws,  orders,  and  ordinances,  for  the  better  mainten- 
ance and  support  of  the  said  privileges,  and  for  the  bet- 
ter and  more  orderly  and  regular  government,  to  be 
observed  in  the  prosecution  and  propagation  of  our 
intended  voyages,  and  the  plantation  there ;  authoriz- 
ing us  to  nominate,  and  appoint,  and  select,  fit  persons 
amongst  ourselves  for  the  managing,  ordering,  and  gov- 
erning of  our  affairs,  both  in  England  and  in  the  places 
specified  and  granted  unto  us  by  virtue  of  his  majesty's 
said  charter,  we  have,  in  the  prosecution  of  the  said 
power  and  authority  given  us,  and  in  conformity  there- 
unto, and  to  the  purpose  and  intent  thereof,  and  not 
otherwise,  thought  fitt  to  settle  and  establish  an  absolute 


THE  UNITED   STATES  OP  AMERICA.  229 

AND    THK    MASSACHUSETTS    BAY    COMPANY.  PaKT    II. 

govcrninciit  at  our  said  plantation  in  the  said  ]\Iassa-  Ordinance 
chusetts  Bay  in  New  England  ;  which  by  the  vote  and  e,'.ai'coirt" 
consent  of  a  full  and  ample  court,  now  assembled,  is  fo''  tiie 

cfovcrn- 

thought  fitt,  and  ordered  as  folio  we  th,  viz.  uient  of 

"  That  thirteen  of  such  as  shall  be  reputed  the  most  ^^''^^.^''3°;'^' 
wise,  honest,  expert,  and  discreet  persons  resident  upon  1(329. 
the  said  plantation,  shall  from  time  to  time  and  at  all  ^^^^^  soy- 

^  '  _  ^        ernnicnt 

times  hereafter,  have  the  sole  managing  and  ordering  of  the  col- 
of  the  government,  and  order  affairs  there,  who  to  the  ^"^" 
best  of  their  judgments,  are  to  endeavor  so  to  settle 
the  same  as  may  make  most  to  the  glory  of  God,  the 
furtherance  and  advancement  of  this  hopeful  planta- Motives 
tion,  the  comfort,  encouragement,  and  future  benefit  of  '^"   ^^'^^' 
us  and  others,  the  beginners  and  prosecutors  of  this  so 
laudable  a  work. 

"The  said  thirteen  persons  so  appointed  to  be  entitled  Title  of  the 
by  the  name  of  The  Governour  and  Councel  of  London's  govern- 
plantation  in  the  Massachusetts  Bay  in  New  England.    "^®"*- 
_   "And  having  taken  into  due  consideration  the  merit,  Capt.  En- 
worth,  and  good  descent  of  Capt.  John  Endicott,  and  pojnted^' 
others,  lately  gone  over  from  hence  with  purpose  to  governor. 
reside  and  continue  there ;  we  have,  with  full  consent 
and  authority  of  this  court,  and  by  erection  of  hands, 
chosen  and  elected  the  said  Capt.  John  Endicott  to  the 
place  of  present  governour  in  our  said  plantation. 

^^Also,  by  the  same  power,  and  with  the  like  full  and  The  colo- 
free  consent,  we  have  chosen  and  elected  Mr.  Era:  Hig- "^^'^^^IJ^*^ 
geson  ;  Mr.  Sam :  Skelton  ;  Mr.  Fr.  Bright ;  Mr.  John 
Browne  ;  Mr.  Sam :  Browne  ;  Mr.  Thos  :  Graves  ;  and 
Mr.  Samuell  Sharpe,  these  seven,  to  be  of  the  said 
cduncell,  and  do  hereby  give  power  and  authority  to  the 
said  governor  and  those  seven  to  make  choice  of  three 
others,  such  as  they  or  the  greater  number  of  them,  in 
their  discretions,  shall  esteem  and  conceive  most  fitt 
thereunto,  to  be  also  of  tlie  said  counccll.  outh^d"* 

^^And  to  the  end  that  the  former  planters  there  may  ">'  <» 

vhave  no  just  occasion  of  exception  as  being  excluded  additional 

out  of  the  privileges  of  the  company,  the  court  are  con-'^^'^^^'^^' 


230  THE     GOVEENMENTAL    HISTOEY   OP 

Part  II.  new  England, 

Ordinance  tent,  and  do  order,  by  erection  of  liaiids,  that  such  of 
erai  Court  the  said  former  planters  as  are  willing  to  live  within 
for  the       tiie  limits  of  our  plantation,  shall  be  enabled,  and  are 

covern- 

ment  of  hereby  authorized,  to  make  choice  of  two  such  as  they 
Aprfu*?^'  ^^^^^^  think  fitt,  to  supply  and  make  up  the  number  of 

1629.  twelve  of  the  said  councel,  one  of  which  twelve  is,  by 

Deputy  the  governour  and  councel,  or  the  major  part  of  them, 

bow  ™°'^'  ^^  ^^^  chosen  deputy  governour  for  the  time  being, 

chosen.  ^'■And  further,  the   court  doth   authorize   and  give 

Colonial  power  to  the  said  governour  and  councel,  or  the  maior 

secretary     ^  °  ?  j 

and  other  part  of  them,  (whereof  the  governour  or  deputy  to  be 
always  one)  to  make  choice  of  a  secretary,  and  such 
other  subordinate  officers,  to  attend  to  them  at  their 
courts,  meetings,  or  otherwise,  <fec.,  as  in  their  discre- 
tions shall  seem  meet  and  needful. 

Oaths  of        "And  we  do  hereby  authorize to  administer 

adrnhiis-*^^ ^^^^^^  the  govcrnour  the  oath  to  his  place  appertaining; 
tered.        and  that  the  governour  having  taken  his  oath  as  afore- 
said, shall  administer  the  oath  to  the  deputy  apper- 
taining to  his  place.     And  we  do  hereby  authorize  the 
governour  or  deputy,  or  either  of  them,  to  adminis- 
ter the  oath  to  the  rest  of  the  councel,  and  unto  all 
others  the  several  officers  respectively,  which  said  oaths 
are  to  be  administered  in  a  publique  court,  and  not 
elsewhere. 
Term  of        ''  //^  IS  further  conchided  on,  and  ordered  by  this  court, 
office  ot     ii^jj^^  ^YiG  said  o-overnour,  deputy  and  councel  before 

governor,  o  t         i       j^  ^ 

deputy      named,  so  chosen  and  established  in  their  several  places, 

fn^coua-  ^liii^l  continue  and  be  confirmed  therein  for  the  space 

«i''  of  one  whole  year  from  and  after  the  taking  the  oath,  or 

until  such  time  as  this  court  shall  think  fitt  to  make 

choice  of  any  others  to  succeed  in  the  place  or  places 

of  them,  or  any  of  them. 

Vacancies      ^^And  if  it  shall  please  God^that  any  of  them,  or  any 

^^rlmoval^t^^®^^  to  bc  hcrejifter  chosen  to  any  office  there,  shall 

depart  this  life  before  the  expiration  of  the  time  they 

were  so  chosen  ;  or  for  any  misdemeanour,  or  unfitness, 

shall  be  held  unmeet  for  the  place  he  was  formerly 


THE   UiMTED    STATES   OF   AMERICA.  231 

AND    THE    MASSACHUSKTTS    BAY    COMPANY.  PaHT    II. 

chosen  unto,  that  the  governour  or  deputy  and  councel,  Ordinance 
or  the  greater  number  of  them,  at  an  ample  court  ei-ii/ooui"" 
assembled,  shall  have  power,  and  hereby  are  authorized,  J"J^,J,'^^_ 
not  only  to  remove  and  displace  such  unfit  person  or  ment  of 
persons,  but  also  to  nominate  and  choose  a  fit  person  ApriuT^' 
or   persons    to    succeed    him    or   them    so  deceased,  i^^^^- 
removed,    or    displaced    as    aforesaid,    into  the    said 
place    or   places,  for  the    residue  of  the  time   unex- 
pired. 

^^And  it  is  further  agreed  on  and  ordered,  that  the  Courts,  by 
governour  for  the  time  being  shall  have  power,  and  is  caii^" 
hereby  authorized,  to  call  courts  and  meetings  in  places 
and  times  convenient,  as  to  his  discretion  shall  seem 
meet ;  which  power  is  hereby  also  conferred  upon  the 
deputy  in  the  absence  of  the  said  governour ;  and  the 
said  governour  or  deputy,  together  with  the  said  coun- 
cel, being  chosen  and  assembled  as  aforesaid,  and 
having  taken  their  oaths  respectively  to  their  several 
places,  they,  or  the  greater  number  of  them,  whereof 
the  governour  or  deputy  to  be  always  one,  are  author- 
ized by  this  act,  grounded  on  the  authority  derived  Powers  of 

^overnor 

from  his  majesty's  charter,  to  make,  ordain,  and  estab- and  coun- 
lish  all  manner  of   wholesome  and   reasonable   laws,  ?'^  ^'^  ™'^'^® 

'  laws,  &c. 

orders,  ordinances,  and  constitutions,  (so  as  the  same 
be  no  way  repugnant  or  tjontrary  to  the  laws  of  the 
realm  of  England,)  for  the  administering  of  justice 
upon  malefactors,  and  inflicting  condign  punishment 
upon  all  other  offenders,  and  for  the  furtherance  and 
propagating  of  the  said  plantation,  and  the  more 
decent  and  orderly  government  of  the  inhabitants 
resident  there. 

"/^  is  further  otdercd,  that  a  copy  of  all  such  laws, 
orders,  &c.,  is  from  time  to  time  to  be  sent  to  the  com- 
pany in    London — and  that    a  copy  of  the  acts  and  Copies  of 
orders  made  this  present  day  for  settling  the  govern- ^.^.^j^  ^^  ^ijg 
ment  in  the  plantation  of  tlic  Mattachusetts  Bay  afore- company 
said,   shall  be   fairly  engrossed,  and   sent  under   the 
company's  seal,  subscribed  by  the  governour  and  deputy. 


232  THE  GOVERNMENTAL    HISTOKY  OP 

Part  II.  new  England, 

Ordinance  by  the  Speediest  conveyance  for  New   England   that 

e1a5'coS'(can)behad.''*^ 

for  the  j^  further  provision  for  the  settlement  of  the  country 

*^overii- 

mentofthewas  subsequently  made  at  a  general  court  of  the  com- 

TlrUso     P^^^y  ^^^  London,  as  follows: 

i«29.    '         "  Thursday,  21st  of  May,  1629.      This  Court,  taking 

*  1.  Hist.    jjj^Q  (j^Q   jj^jj^  mature  consideration  how  necessary  it 

Records  '' 

Mass.        will  be  that  a  dividend  be  forthwith  made  of  some 
competent  quantity  of  land  in  the  London  plantation 
lands  to  be  in  Ncw  England  ;  both  for  the  present  accommodation 
u 'n°d  t      ^^  ^^^^  people  lately  gone  thither,  as  well  to  build  them 
settlers,      houses,  as  to  inclose  and  manure,  and  to  feed  their 
cattle  on,  have  thought  Jit  and  ordered,  that  the  gov- 
ernour,  deputy,  and  councel  there,  shall  make  a  dividend 
accordingly,  and  allott  the  same  unto  the  several  ad- 
Aiiowance  venturers  and  others  as  followeth,  viz.:  That  two  hund- 
red acres  of  land  be  by  them  allotted  to  each  adven- 
turer, for  X50  adventure  in  the  common  stock,  and  so 
after  that  rate,  and  according  to  that  proportion,  for 
more   or  less,  as  the  adventure  is,  to  the  intent  they 
may   build   their   houses   and    improve    their    labors 
thereon. 
Apportion       "That  every  adventurer  in  the  common  stock,  or  his 
ment  of     servant  for  him,  or  on  his  behalf,  shall  make  request  or 

lands  how  ^  '■ 

obtained,    demand  to  the  governour  or  deputy  and  councel  to  have 

a  portion  of  land  allotted  unto  him  accordingly  ;  and 

if  within  ten  days   after  such  request  or  demand,  the 

same  be  not  set  out  and  allotted  unto  him,  then  such 

person  or  persons  are,  by  virtue  of  this  act,  permitted 

and  authorized  to  seat  him  or  themselves,  and  build 

his  or  their  house  or  houses,  and  inclose  and  manure 

ground,  in  any  convenient  place  or^places  not  formerly 

Limitation  built  upon   or  manured ;   provided,  that  the  land  so 

'^  *t  J;J^^' made  choice  of  by  any  such  person  or  persons  do  not 

landS'         exceed  in  quantity  the  one-half  of  the  land  which  is  to 

be  allotted  unto  him  or  them,  by  dividend,  according 

Selection    |q  this  order  above  written ;  with  liberty  also,  when 

aUotoent.  the  first  dividend  shall  be  made,  to  take  his  or  their 


THE  UNITED   STATES   OF   AMERICA.  233 


ANU    THE    MASSACHUSETTS    BAT    COMPANY.  PaRT    II. 

allottmcut  of  land  as  others  do,  in  lieu  of  this,  if  in 
the  mean  time  the  first  choice  shall  be  disliked  by  them 
or  any  of  them. 

'^'-  And  for  further  explanation  of  this  act,  it  is  thought 
fitt  that  if  the  platt  of  ground  whereon  the  town  is  to 
be  built  be  set  out,  and  that  it  be  publickly  known  to 
be  intended  for  that  purpose,  that  then  no  man  shall 
presume  to  build  his  house  in  any  other  place  (iinless 
it  be  in  the  Mattachusetts  Bay,  and  there  according  to 
such  direction  as  shall  be  thought  meet  for  that  place ;) 
and  in  case  his  allottment  for  building  his  house  within  Laying  out 
the  platt  of  ground  set  out  for  building  of  the  town  be  andTuli'd- 
not  appointed  unto  him  within  ten  days  after  demand  '"S  regu- 

1  ITT  ,  lations. 

or  request  to  the  governour  or  the  deputy  and  councel 
for  the  same,  it  shall  be  free  for  any,  being  an  adven- 
turer in  the  common  stock,  or  his  servant  for  him,  or 
on  his  behalf,  to  build  his  house  in  any  place  within  Adventur- 
thc  said  platt  set  out  for  the  town,  and  to  impale  to  the  ^o^uJJjoji^ 
quantity   of   half   an   acre  of   ground   for    each   XSO^^^ckmay 
adventure  in  the  common  stock,  unless  a  greater  or  building 
less  proportion  be  formerly  determined    by  the  gov-^^*- 
ernour  and  councel,  by  which  each  builder  is  to  be 
guided  and  directed. 

'■^It  is  further  thought  fitt  and  ordered,  that  all  such  as  Allotment 
go  over  in  person,  or  send  over  others  at  their  own  ty,.gj,g"Qj 
charge,  and  are  adventurers  in  the    common  stock,  settlers. 
shall  have  lands  allotted  to  them  for  each  person  they 
transport  to  inhabit  the  plantation,  as  well  servants  as 
all  others;    which  fifty  acres  of  land,  so  allotted  to 
servants  or  others,  is  hereby  ordered  to  be  to  and  for 
the  use  of  his  master  or  setter  forth,  being  an  adven- 
turer in  the  comnion  stock,  to  dispose  of  at  his  dis- 
cretion, in  regard  the  said  master  is  at  the  charge  of  the 
said  servant  and  others,  their  transportation,  wages, 
and  otherwise  ;  but  for  such  as,  being  no  adventurers 
in  the  common  stock,  shall  transport  themselves  and  Allotments 
their  families,  it  is  ordered,  that  fifty  acres  of  land  shall  ^,jj^j"j.g*^f 
(be)  allotted  and  set  out  for  the  master  of  the  family,  families. 


234  THE   GOVERNMENTAL   HISTORY   OP 

Part  II.  new  enoland. 

and  such  a  proportion  of  land  more,  if  there  be  cause, 
as,  according  to  their  charge  and  quality,  the  governour 
and  councel  of  the  plantation  there  shall  think  neces- 
sary for  them,  whereby  their  charge  may  be  fully  and 
amply  supported,  unless  it  be  to  any  with  whom  the 
company  in  London  have  or  shall  make  any  other  par- 
ticular agreement,  to  which  relation  is  to  be  had  in 
such  case. 
Conveyan-      "  And  to  the  end  every  adventurer  may  the  more 
be  made,    safely  and  peaceably  enjoy  their   said   lands  allotted 
unto  them,  or  chosen  by  them,  and  the  houses  they 
build    thereupon    as  abovesaid,  it  is  thought  fitt  and 
ordered  by  this  court,  that  conveyances   shall  be  made 
.thereof  unto  each  particular  man  for  the  land  he  pos- 
sesseth,  in  the  company's  name,  and  the  common  seal 
of  the  company  to  be  thereunto  affixed  by  the  gov- 
ernour and  councel  there,  at  the  charge  of  the  company, 
Colonial     which  commou  seal  is,  by  this  court,  thought  fitt  and 
to  haro"^    ordered  to  be  committed  to  the  charge  and  keeping  of 
common     the  govcrnour  for  the  time  being,  and  in  his  absence  to 

his  deputy  there. 
Copies  "All  which  premises  before  mentioned  the  company 

befor-        ^iOj  ^Y  general  consent,  ratify,  establish  and  confirm ; 
warded.     ai^(j  (Jq  also  Order,  that  copies  of  these  acts  shall  be 
sent  over  to  the  governour  and  councel  there  resident, 
subscribed  by  the  governour,  deputy,  and  six  of   the 
*  1  Hist,     assistants  here,  and  sealed  with  the  common  seal  of  the 

Records  ,,* 

Mass.  363.  Company.  * 


Thus  was  framed  the  first  colonial  government  of 

the  first  colony  planted  in  New  England  under  the 

immediate   auspices   and   supervision    of    a   company 

incorporated  by  the  crown.     In  its  resources,  its  plans 

Massachu-  and  appliances,  the  company  which  planted  Massachu- 

and  Net/    ^^^^^  -^^7  possessed  advantages  which  insured  a  more 

Plymouth,  rapid  and  effective  settlement  of  the  country  than  had 

fallen  to  the  lot  of  the  New  Plymouth  colony.     Still  to 

the  latter  belongs  the  distinguished  pre-eminence  of 


TilB  UNITED   STATES   OP  AMERICA.  235 

MASSACHUSETTS    BAT    AND    NEW    PLYMOUTH.  PaRT    II. 

having  planted  an   independent  settlement,  nurtured  Fraternal 
by  its  own  care,  its  own  perils,  its  own  labours,  and  its  'A"'°"  ?J_ 
own  toils ;  unaided  and  uncared  for  by  any  company  nna  New- 
er association  in  tbe  mother  country.     It  had  demon-  1629!^^*  ' 
strated  the  practicability  of  planting  a  thriving  settle- 
ment in  the  colder  latitudes  of  North  Virginia.     It 
had,  as  it  were,  made  the  crooked  places  straight,  the 
rough  places  smooth,  and  opened  the  way  for  a  more 
genial  entrance  to  those  who  now  came  to  New  Eng- 
land with  more  amj)le  resources  and  a  prouder  patron- 
age 

We  hare  observed  that  the  colony  of  New  Plymouth  Religious 
was  composed  of  members  of  the  congregational  asso-  of  theTwo 
ciation  established  at  Leyden  in  Holland,  under  the  ^^^onies. 
Rev.  John  Robinson.     These  adventurers  had  left  Eng-  See  ante, 
land  some  years  previous  to  this  date,  and  before  the 
progress  of  the  reformation  had  developed  the  political 
elements  of  freedom  embraced  in  the  protestantism  of  The  cause 
the  puritans.     They  had  thus  been  living  for  more  gfj^^^^lif^"' 
than  twenty  years  in  far  off  exile,  and  were  necessarily 
ignorant  of  the  progress  of  free  principles  in  the  parent 
country.     They  were  therefore  unprepared  for  the  lat- 
itudinarian    notions    entertained   by    those   who   now 
planted  the  colony  of  the  Massachusetts  Bay  company 
at  Salem.     Hence  it  occurred  that  the  settlers  at  New 
Plymouth  were  in  some  measure  opposed  to  the  out- 
ward form  of  worship  and  the  order  of  church  disci- 
pline adopted  by  the  settlers  at  Salem,  which  seemed 
at  first  view  to  originate  dissension  among  them.     But 
upon  a  conference  between  the  prominent  church  offi- 
cers of  the  respective  settlements,  their  difficulties  were  Their  dla- 
removed,  and  each  colony  adopted  a  nearly  similar  plan  plans  of 
of  church  order,  both  of  them  expressly  repudiating *^''^'"'^^ 
all  affinity  with  the  Established  Church  of  England, 
and  its  ceremonials  and  forms  of  worship.     The  dis- 
similarity in  their  views,  however,  was  shadowed  forth 
by  the  Plymouth  church  calling  itself  Congregation- 
alist,  and  the  church  at  Salem  calling  itself  Independ- 


236  THE   GOVERNMENTAL    HISTORY   OP 

Part  II.  nkw  England. 

Significan-  eiit.      It  seeiiis  to  lis  a   distinction  almost  without  a 
|j[j^P|^/^^"^  difference.     Still  it  serves  to  mark  the  phases  of  pro- 
eaces.        testantism  at  the  different    periods  when   those   who 
planted  the  respective   settlements  left  the   home    of 
their  fathers,     A  few  of  their  number  expressed  them- 
selves attached  to  some  of  the  forms  of  the  church  of 
England,  and  being  dissatisfied  with  their  entire  abo- 
lition, claimed  the  right  to  withdraw  from  the  rest, 
Settlers      and  to  associate  together  in  a  more  distinctive  organ- 
to^Enf^-*^     ization.     Being  otherwise  radical  in  their  views,  they 
land.         were  summoned  to  appear  before   the  governor  and 
See  1  Hist,  council    at    Salem,   were    condemned   as    movers    of 
407.    '   '  sedition  and  discord,  and  sent  back  to  England. 

It  is  not  for  the  historian  of  our  own  day  to  pass  sen- 
Character  tence  of  condemnation  on  this  seemingly  illiberal  act 
of  this  act.  Qf  these  well  tried  pioneers  of  freedom.     A  philosophic 
and  unbigoted  judgment  may  rather  discover  in  it  the 
first  development  in  New    England  of  that   priceless 
principle  of  republicanism,  which  lies  at  the  founda- 
tion of  all  our  institutions,  submission  to  the  will  of  the 
majority.     True,  we  would  not  now  apply  it  in  matters 
of  religious  opinion,  or  of  religious  worship,  or  to  bind 
the  consciences  of  men.     But  we  must  remember  that 
that  political  element  in  the  protestantism  of  the  puri- 
tans whose  tendency  was   ultimately  to    separate   the 
church  and  the  state  and  vastly  to  liberalize  both,  had 
not  yet  developed  itself  in  full  maturity  even  in  the 
mother  country.     We  shall  be  careful  as  we  proceed  to 
note  the  difibrent  stages  of  its  advancement  in  either 
country  because  its  realization  was  and  is  peculiarly 
American. 
Character       But  apart  from  this,  it  would  seem  from  the  records 
^'Vibaa-'^' ^^  the  London  company  at  this  date,  that  these  persons, 
ished.        who,  with  their  leaders  were  thus  banished  from  the 
colony,  were  not  altogether  faultless,  nor  capal)le  of 
becoming  very  contented  or  valuable  residents.     On  the 
sixteenth  day  of  October,  the  governor  and  company 
in  London  addressed  letters  to  the  ministers  and  gov- 


THE   UNITED   STATES   OF   AMERICA.  237 


MASSACHUSETTS    BAY    AND    NKW    PLYMOUTH.  PAriT    II. 

cnior  of  the  colony,  of  whicli  the  following  are  copies. 
They  arc  interesting  and  characteristic. 


"  To  the  Ministers. 

Reverend   Friends.     There    are  lately  arrived  here  Letter 
(heing  sent  from  the  governour,  Mr.  Endicott,  as  men  J.o^vemo*r 
factious  and  evil  conditioned)  John  and  Samuel  Browne,  ii»J  tom- 
being  brethren;  who,  since  their  arrival,  have  raised  London  to 
rumors  Tas  we  hear)  of  divers  scandalous  and  intern-  *^^  """'^- 

^  ^  .  ters,  Oct. 

perate  speeches  passed  from  one  or  both  of  you  in  your  1629. 
public  sermons  or  prayers,  in  New  England  ;  as  also  of 
some  innovations  attempted  by  you.  We  have  reason 
to  hope  that  their  reports  are  but  slanders,  partly  for 
that  your  godly  and  quiet  conditions  are  well  known  to 
some  of  us  ;  and  also  for  that  these  men,  your  accusers, 
seem  to  l)e  embittered  against  you  and  Capt.  Endicott 
for  injuries  which  they  conceive  they  have  received 
from  some  of  you  there.  Yet,  for  that  we  all  know 
that  the  best  advised  may  overshoot  themselves,  we 
have  thought  good  to  inform  you  of  what  we  hear,  that 
if  you  be  innocent  you  may  clear  yourselves  ;  or,  if 
otherwise,  you  may  hereby  be  entreated  to  look  back 
upon  your  miscarriage  with  repentance,  or  at  least  to 
take  notice  that  we  utterly  disallow  any  such  passages  ; 
and  must  and  will  take  order  for  the  redress  thereof  as 
shall  become  us. 

"  But  hoping,  as'  we  said,  of  your  umblamableness 
herein,  we  desire  only  that  this  may  testify  to  you  and 
others  that  we  are  tender  of  the  least  aspersion  which, 
cither  directly  or  obliquely,  may  be  cast  upon  the  state 
here,  to  whom  we  owe  so  much  duty ;  and  from  whom 
we  have  received  so  much  favor  in  this  plantation  where 
you  now  reside.  So,  with  our  love  and  due  respect  to 
your  callings,  we  rest 

Your  loving  friends. 
London,  October,  1629. 

R.  Saltonstall,  Matt:  Cradock,  Gov'r., 

IsA :  Johnson,  Tho  :  Gofp,  Dep't, 

Geo  :  Harwood,  Treas., 


238  THE   GOVERNMENTAL   HISTORY   OP 


Part  II.  NE'.r  e.ngland. 


John  Winthrop, 
Tho  :  Adams, 
Sym:  Whetcombe, 
WiLLM  Vassal, 
Wm  :  Pinchon, 
To  Mr.  Skelton  and  John  Revell, 

Mr.  Higgison.  Francis  Webb. 


Letter  from  the  Governour  and  Company  to  Governour 

Endicott. 

Letter  "  SiR.     As  we  have  written  at  this  time  to  Mr.  Skel- 

gov^nio^r    *o^^  ^^^^  ^^^'  Higgison,  touching  the  rumors  of  Jo :  and 

aud  com-    Sam :  Browne,  spread  by  tliem  on  their  arrival  here, 

pany  in  .  i    •       n  , 

England  to  concerning  some  unadvised  and  scandalous  speeches 
rdai  gOT-"    uttered  by  them  in  their  public  sermons  or  prayers,  so 
ernor,  Oct.  have  we  thought  meet  to  advertise  you  of  what  they 
'        ■    have  reported  against  you  and  them  Concerning  some 
rash  innovacions  begun  and  practiced  in  the  ciinl  and 
Character  ecclesiastical  government.     We  do  well  consider  that 
sons  ban*^-'"^^^^  Brownos  are  likely  to  make  the  worst  of  anything 
ished.        they  have  observed  in  New  England,  by  reason  of  your 
sending  them  back  against  their  wills  for  their  offensive 
behaviour,  expressed  in  a  general  letter  from  the  com- 
pany there.     Yet,  for  that  we  likewise  do  consider  that 
you  are  in  a  government  newly  founded,  and  want  that 
assistance  which  the  weight  of  such  a  business  doth 
Opinion  of  I'^quire  we  may,  have  leave  to  think  that  it  is  possible 
the  com-    gome  undigested  counsels   have  too  suddenly  been  put 
in  execution,  which  may  have  ill  construction  with  the 
state  here,  and  make  us  obnoxious  to  any  adversary. 

''  Let  it  therefore  seem  good  unto  you  to  be  very 
sparing  in  introducing  any  laws  or  commands  which 
may  render  yourself  or  us  distasteful  to  the  state  here, 
to  which  (as  we  ought)  we  must  and  will  have  an  obse- 
quious eye.  And  as  we  make  it  our  main  care  to  have 
the  plantation  so  ordered  as  may  be  most  for  the  honour 
of  God,  and  of  our  gracious  sovereign,  who  hath  be- 
stowed many  large  privilogos  and  royal  favours  upon  this 


THE   UNITED   STATES   OP   AMERICA.  239 

MASSACHUSETTS    HAY    AND    JJEW    PLYMOUTH.  I'aRT    II. 

company,  so  we  desire  that  all  such  as  shall,  by  word 
or  deed,  do  anything  to  detract  from  God's  glory,  or 
his  majesty's  honor,  may  be  duly  corrected,  for  their 
amendment,  and  the  terror  of  others. 

"■And  to  that  end,  if  you  know  anything  that  hath  General 
been  spoken  or  done,  either  by  the  ministers  (whom  the  ^  "*^®* 
Brownes  do  seem  tacitly  to  blame  for  some  things  uttered 
in  their  sermons  or  prayers)  or  any  others,  we  require 
you,  if  any  such  things  be,  that  you  form  due  process 
against  the  offenders,  and  send  it  to  us  by  the  first,  that 
we  may,  as  our  duty  binds  us,  use  means  to  have  them 
duly  punished.  So,-  not  doubting  but  we  have  said 
enough,  we  shall  repose  ourselves  upon  your  wisdom ; 
and  do  rest 

Your  loving  friends. 

Dated  &c.  as  the  former. 

To  the  Gov'r,  Capt.  Endicott. 


These  letters  evince  a  degree  of  caution  in  the  man- The  com- 
agcment   and   operations  of  the  company  in  London,  P'^"^'^  ^^.*' 
which  confirms  what  has  been  said  of  the  manner  in  ministry 
which  tlieir  charter  was  obtained  from  the  crown,  and  ^"j^^^^^Jf 
the  political  aims  which  prompted  the  proprietors  of  tbe  colony, 
the  patent  to  become  interested  in  the  enterprise  of 
settling  New  England.     They  are  tenderly  careful  that 
nothing  should  be  done  in  the  colony  to  excite  repre- 
hension or  awaken  suspicion  of  their   designs.     AndpoUcyof 
although  the  principle  of  popular  sovereignty,  now  prac-  ^^f  p^°"  . 
tically  shadowed  forth  by  the  people  of  Massachusetts  London. 
Bay  as  an  clement  of  social  and  municipal  organization, 
was  not  distasteful  to  the  shrewd  proprietors  in  Eng- 
land, still  they  felt  called  upon  as  a  matter  of  policy 
"  to  have  an  obsequious  eye"  to  the  crown,  and  at  least 
seemingly  to  rebuke  its  exercise.     I  have  given  their  Their  char- 
names  in  full  because  of  the  conspicuous  position  they  ^'^^'^^'  ^^^ 
afterwards  held  in  the  colony.     They  were  not  ordinary 
men  ;  nor  had  they  undertaken  the  performance  of  an 
ordinary   experiment   in   instituting   the   company  of 


240  THE  GOVERNMENTAL   HISTORY   OF 

Part  II,  new  England. 


which  they  were  now  the  ruling  spirits  and  guides. 
They  foresaw,  on  both  sides  of  the  Atlantic,  the  dawn- 
ing of  a  joyous  era  in  the  annals  of  nations  and  of  man- 
kind, and  appreciated  their  own  mission  in  connection 
with  its  development.  They  felt  that  their  work  at 
home  was  one  of  equal  moment  with  that  of  their  co- 
laborers  who  had  only  preceded  them  in  their  far  off 
exile.  Theirs  was  the  task  not  only  to  uphold  and 
strengthen  the  infant  plantation,  but  also  to  anticipate 
and  provide  for  the  future  day  of  their  own  proposed 
departure  to  the  same  nursery  of  freedom.  It  is  a  re- 
markable and  a  noticeable  fact  that"  before  these  letters 
were  transmitted  to  the  colony,  the  general  court  of 
the  company  had  already  privately  agitated  the  ques- 
tion of  removing  themselves  and  their  charter  to  New 
England. 
Condition  Meanwhile  the  more  adventurous  exiles  were  experi- 
colony  in  encing  their  full  share  of  toil  and  self-sacrifice  on  the 
America,  distant  coast.  The  hardships  and  perils  encountered 
amid  the  severities  of  the  winter  which  followed  close 
upon  the  landing  of  the  puritans  at  Salem ;  sickness, 
privation  and  famine,  materially  reduced  their  numbers 
both  here  and  at  the  plantation  of  New-Plymouth. 
Had  it  not  been  for  the  religious  faith  and  fortitude  of 
the  survivors,  and  the  increasing  cruelties  of  intolerance 
in  the  mother  country,  now  perhaps  might  have  termi- 
nated forever  all  hope  of  planting  a  permanent  settle- 
ment on  the  shores  of  New  England. 
The  char-  The  disaffection  which  agitated  the  kingdom  of  Great 
acter  and   -gpitain  on  tlic  acccssiou  of  Charles  I.  to  the  throne, 

rcign  01  _ ' 

Charles  I.  was  ripened  into  revolution  by  the  circumstances  of  his 
reign.  Succeeding  to  the  sovereignty  at  the  early  age 
of  twenty-five,  he  lacked  that  forethought  and  prudence 
which  might  have  tempered  his  elevation.  Though 
endowed  with  many^  excellent  qualities  which  would 
have  given  lustre  to  a  more  private  life,  he  was  never- 
theless without  the  capacity  to  understand,  or  properly 
to  estimate,  the  political   notions  floating  among    the 


THE    UNITED    STATES    OF   AMERICA.  241 

THK    COMPANY    AND    COLONY    OF    MASSACIICSETTS    BAY.  PaRT    II. 

people  in  tlie  kingdom  over  which  he  was  called  to  rule.  Condition 
The  civil  discord  and  religious  enthusiasm  which  had  ^j,) Jj^^j^^ 
been  o-encrated  by  the  conduct  of  James  I.  now  swayed  o"  his  ac- 

cession 

the  minds  of  his  subjects  with  an  almost  absolute  con- 
trol.    It  required  in  the  new  sovereign  a  wise  policy, 
skillfully  devised,  cautiously  adapted,  and  well  admin- 
istered, to  meet  the  exigences  of  his  reign  and  to  pre- 
serve and  promote  the  interests  of  his  crown.     By  ele- 
vating Dr.  Laud  to  the  highest  ecclesiastical  dignity  in 
his  kingdom,  and  conferring  upon,  or  entrusting  to  him 
his  own  prerogatives  of  temporal  power,  he  excited  the 
odium  of  all  protestant  parties,  and  alienated  forever 
from  his  person  the  affections  of  the  great  body  of  the 
people.*     Tlie  counsels  of  the  Arch-Bishop  were  readi-  *  Robert- 
ly  heeded  by  the  timid  monarch,  whose  conduct  offend- Hume, 
ed  and  alarmed  many  men  of  rank  and  opulence  who 
had  hitherto  looked  rather  indifferently  on  the  contest. 
These  now  more  actively  entered  the  field,  and  espoused  Political 
the  cause  of  the  puritans.     Some  did  it  from  principle,  nlJJnts'of 
and  others  for  the  sake  of  acquiring  popularity.     Puri- p^^'^t^'i- 
tanism  thus  began  to  develop  more  openly  and  force- 
fully the  political  elements  of  its  protestantism;  imtil 
it  assumed  at  last  the  aspect  of  a  political  party  as  well 
as  a  religious  organization.      While  thus  it   gained  a 
more  respectable  footing,  the  spirit  of  intolerance  and 
hostility  grew  more  furious  and  relentless.     Its  cruel 
inventions  appalled  the  minds  of  men,  convulsed  the 
nation,  and  caused  many  to  look  toward  the  asylum  so 
fittingly   opened   in    America.      Besides   the   hostility  Opprcs- 
manifested  towards  the  puritans  by  the  high  church  charies  I. 
and  tory  parties  during  the  reign  of  Charles  I.,  the  op-^^'''?™^t'ie 
prcssions  he  himself  practiced  upon  liis  people  generally,  party, 
in  the  arbitrary  extension  of  the  prerogatives  of  his 
crown,  and  his  exorbitant  and  unconstitutional  demands 
upon  all  classes  of  his  subjects,  produced  a  general  dis- 
content with  his  administration. 

The  Massachusetts  Bay  Company  in  London  with  an 
eagle  observation  foresaw  the  progress  of  these  causes 
16 


242  THE   GOVERNMENTAL   HISTORY   OP 

Part  II.  new  England. 

Further  of  coiiflict  and  agitation,  and  anticipating  its  necessity 

inJnt  o^f  1^^^  already  quietly  discussed  the  plan  of  removing  their 

the  aims  chief  government  to  New  England.     "  At  a  meeting  of 

Mass.  Bay  the' general  court  of  the  company  held  at  Mr.  Dupuytes 

^^'  house,   Mr.   Deputy   acquainted   the    court,    that   the 

Proposi-  especial  cause  of  their  meeting  was  to  give  answer  to 

transfer  divcrs  gentlemen,  intending  to  go  into  New  England, 

the  char-  whether  or  no  the  chief  government  of  the  plantation, 

ter,  &c.,  to  .Ti  iiTi  in-ikT-n 

New  Eug-  together  with  the  pattent,  should  be  settled  m  New  Eng- 

"  Whereupon  it  was  ordered,  that  this  afternoon  Mr. 
Wright ;  Mr.  Eaton ;  Mr.  Adams ;  Mr.  Spurstowe,  and 

thereupon,  sucli  others  as  they  should  think  fit  to  call  unto  them, 
whether  they  were  of  the  company  or  not ;  to  consider 
of  arguments  against  the  settling  of  the  chief  govern- 
ment in  New  England. 

"And,  on  the  other  side.  Sir  Richard  Saltonstall; 
Mr.  Johnson;  Capt.  Venn;  and  such  others  as  they 
should  call  unto  them,  to  prepare  arguments  for  the 
settling  of  the  said  government  in  New  England ;  and 
tliat  to-morrow  morning,  being  the  twenty-ninth  day  of 
August,  at  seven  of  the  clock,  both  sides  should  meet 
and  confer  and  weigh  each  others  arguments,  and  after- 
wards, at  nine  of  the  clock  (which  is  the  time  appoint- 
ed of  meeting  for  a  general  court)  to  make  report 
thereof  to  the  whole  company,  who  then  will  determine 
this  business. 

Report  and     ^^  At  a  General  Court  at  Mr.  Dupuytes  house,  the  29th 

tfcereon.  f^f  Au^ust,  1629.  This  day  the  committees  which  were 
appointed  to  meet  yesterday  in  the  afternoon  to  con- 
sider of  arguments  pro  and  contra  touching  the  set- 
tling of  the  government  of  the  company's  plantation 
in  New  England,  being  according  to  the  order  of  the 
last  court  met  together,  debated  their  arguments  and 
reasons  on  both  sides ;  where  were  present  many  of  the 
assistants  and  generality;  and  after  a  long  debate,  Mr. 
Deputy  put  it  to  the  question  as  followeth ; 

the  report.     "  As  many  of  you  as  desire  to  have  the  pattent  and 


THE  UNITED   STATES  OP  AMERICA.  243 

THE    COMPANY    AND    COLONY    OF    MASSACIILSETTS    BAY.  I'aKT    XL 

the  government  of  the  plantation  to  be  trausfcrrocl  to  Tiie  com- 
New  England,  so  as  it  may  be  done  legally,  hold  up  J.'^\\':[,  j^' 
your  hands :  So  many  as  will  not,  hold  up  your  hands :  transfer 

"  Where,  by  erection  of  hands,  it  appeared  by  the  gen-  tcr  to  New 
eral  consent  of  the  company,  that  the  government  and  ^"^'^o^' 
pattent  should  be  settled  in  New  England,  and  accord- 1629. 
ingly  an  order  to  be  drawn  up." 


Although  it  does  not  appear  that  any  objection  was 
made  to  the  proposition,  on  the  part  of  those  directly 
interested  in  the  transactions,  of  the  company,  yet  its 
necessity  was  earnestly  urged  by  the  proprietors  in  view 
of  the  increasing  emigration  and  the  political  as  well  as 
pecuniary  interests  at  stake ;  a  government,  they  contend- 
ed, so  far  removed  from  its  subjects,  so  wholly  unac- 
quainted with  the  country  in  which  they  were  located, 
was  not  in  a  condition  to  know  their  wants,  and  must 
jiecessarily  be  ignorant  of  their  embarrassments.  The 
matter  continued  to  be  deliberated  upon  and  discussed 
among  themselves  until  it  was  brought  to  a  termination 
on  the  twentieth  of  October,  at  a  meeting  of  the  gen- 
eral court  of  the  company,  "held  at  Mr.  Gofif  the 
Deputy's  house;"  when,  as  the  record  reads, 

"  Mr.  Governour  acquainted  those  present,  that  the  Articles  in 
especial  occasion  of  summoning  this  court  was  for  the  to  the  re- 
election of  a  new  governour,  deputy,  and  assistants  ™^^'''''\'^^*- 

°  7         r      .;  7  J  20,  1629. 

the  government  being  to  be  transferred  into  New  Eng-  j  jjist. 
land,  according  to  the  former  order  and  resolution  of  ^<^*-'-  ^^^' 
the  company :  But  before  the  court  proceeded  to  the 
said  election,  certain  articles  of  agreement,  conceived 
at  a  meeting  yesterday  between  the  adventurers  liere  at 
home  and  the  planters  that  are  to  go  over,  as  well  for 
the  managing  and  settling  5?  the  joint  stock,  as  for  recon- 
ciling of  any  differences  that  may  hapjxjii  upon  this 
change  of  government,  were  now  read  and  recommend- 
ed to  the  court  for  their  approbation,  and  for  the  nomina- 
tion and  appointment  of  a  competent  number  of  commit- 
tees to  meet,  and  treat,  and  resolve  of  these  businesses. 


244  THE   GOVERNMENTAL    HISTORY   OP 

Part  II.  new  England. 

Proceed-        «  The  articles  themselves  were  approved  of,  and  Five 

ings  of  the  ^  .  . .,  , 

general      Committees  on  either  part  were  thereupon  cliosen,  viz., 
court  in      gi^.  Richard  Saltonstall ;  Mr.  Winthrop  ;  Mr.  Dudley  ; 

view  ot  '  '^  '  •'   ' 

their  re-     Mr.  Johusoii  and  Mr.  Humfry  ;  for  the  planters  :    And 
N^iT  Oct  ^^^  ^^^^  adventurers  was  chosen  Mr.  Governour ;  Mr. 
20,  iC2y.    Aldcrsey ;    Mr.    Wright ;     Mr.    Hutchins ;    and   Capt. 
Venn :     And  in  case  the  said  committee,  or  the  greater 
number  of  them,  should  differ  in  any  one  or  more  par- 
ticulars, and  not  agree  thereon,  there  was  chosen  for 
umpires,  Mr.  Whyte,  the   councellor;  Mr.  Whyte  of 
Dorchester  ;  and  Mr.  Davenport ;  to  whom  the  decision 
and  determination  of  all  such  differences  is  referred, 
according  to  the  tenure  of  the  said  articles  of  agree- 
ment. 
Extension       "  Afid  it  being  further  taken  into  consideration,  that, 
tcriVofthe^*^  regard  to  the  shortness  of  the  time  limited  to  the 
committee,  committees,  many  things  of  weight  and  consequence 
in  this  so  great  a  business  may  either  not  be  at  all 
thought  on,  or  otherwise  left  unresolved  by  them  and 
the  said  umpires,  it  is  therefore  thought  fitt  by  this 
court  that  the  said  committee  and  umpires  shall  con- 
tinue till  the  end  of  this  term ;  and  whatsoever  mate- 
rial things  for  the  good  of  the  plantation  shall  in  tliat 
time  be  treated  on  and  resolved  by  them,  the  same  to 
be  as  valid  and  effectual  as  if  it  had  been  done  before 
the  expiration  of  the  time  limited  by  the  articles. 
The  com-       "  And  it  was  further  thought  fitt  that  all  such  others 
cessibie^to  ^^  ^^^^  Company  as  will,  may,  from  time  to  time,  have 
parties  in-  acccss  to  thc  said  Committee,  to  propound  such  things 
as  they  conceive  beneficial  for  the  business,  or  to  pre- 
sent their  opinions  in  writing,  but  not  to  debate  with 
them  for  interrupting  their  proceedings.      All  which 
being  put  to  the  question,  was  approved  of,  and,  by 
erection  of  hands,  ordered  accordingly. 
Election  of     "  ^nd  noiv  the  court,  proceeding  to  the  election  of  a 
a  new  gov-  j-^^^  frovcrnour,  deputy,  and  assistants,  which,  upon  seri- 
councU.      ous  deliberation,  hath  been  and  is  conceived  to  be  for  the 
especial  good  and  advancement  of  their  affairs ;  and 


THE  UNITED    STATES  OP  AMERICA.  245 

THE    COMPANT    AND    COLONY    OT    MASSACHUSETTS    BAY.  PaRT    II. 

having  received  extraordinary  great  commendations  of  '^.^^^  ^^'"* 
Mr.  John  Winthrop,  both  for  his  integrity  and  suffi- ciiosen 
ciency,  as  being  one  very  well  fitted  and  accomplished  ^'^^'^'°^'^" 
for  the  place  of  governour ;  did  put  in  nomination  for 
that  place  the  said  Mr.  John  Winthrop ;  Sir  Richard 
Saltonstall ;  Mr.  Is:  Johnson  ;  and  Mr.  John  Humfry ; 
and  the  said  Mr.  Winthrop,  was,  with  a  generall  vote 
and  full  consent  of  this  court,  by  erection  of  hands, 
chosen  to  be  governour  for  the  ensuing  year,  to  begin 
on  this  present  day  ;  who  was  pleased  to  accept  thereof, 
and  thereupon  took  the  oath  to  that  place  appertain- 
ing.    In  like   manner,   and   with    like   free   and   full^'^P"*y 

governor. 

consent,  Mr.  John   Humfry  was  chosen  deputy  gov- 
ernor ;  and 

Sir.  R.  Saltonstall,  Mr.  Thomas  Sharpe,  The  coun- 

Mr.  Is:  Johnson,  Mr.  John  RevcU, 

Mr.  Thos.  Dudley,  Mr.  Matt.  Cradock, 

Mr.  Jo:  Endicott,  Mr.  Thomas  Goff, 

Mr.  Noell,  Mr.  Aldersey, 

Mr.  Wm:  Vassal,  Mr.  John  Venn, 

Mr.  Wm:  Pinchon,  Mr.  Nath:  Wright, 

Mr,  Sam:  Sharpe,  Mr.  Theopli.  Eaton  and 

Mr.  Edw:  Rossiter,  Mr.  Thomas  Adams, 

were  chosen  to  be  assistants  ;  which  said  deputy,  and  Oaths  of 
the  greatest  part  of  the  said  assistants,  being  present,  took  miilistered. 
the  oaths  to  their  said  places  appertaining  respectively." 


Thus  were  the  preliminary  arrangements  consum- 
mated for  a  removal  of  the  government  and  charter  of  The  result. 
the  Massachusetts  Bay  Company,  the  parent  of  the  col- 
ony of  Massachusetts  Bay,  and  thus  the  company  itself 
was  transformed  from  a  commercial  corporation  in  Lon- 
don to  a  political  colony  in  New  England.  It  was  a  very 
bold  and  a  very  important  step,  and  it  is  somewhat  remark- 
able that  a  movement  so  revolutionary  in  its  character 
should  have  been  accomplished  without  attracting  the 
observation  of  the  crown.  The  proprietors  of  this  lib- 
erally endowed  commercial  association,  removing  them- 


246  THE  GOVERNMENTAL   HISTORY  OF 


Part  II.  new  England. 


of^X^'ov-  ^^-^^'•^^)  their  charter  and  their  government  to  America, 
ernment     without  even  askiug  permission  of  their  sovereign,  was 
t^rVf^the  certainly  a  lofty  exercise  of  political   independence. 
company    Oncc  across  the  Atlantic  and  they  might  feel  themselves 
Eno-iand     altogether  free  from  the  inspection  and  the  control  of 
1629-30.    i\^Q  crown,  and  not  subject  to  its  immediate  interfer- 
ence.    Thus  an  opportunity  would  be  afforded  for  a 
more  easy  and  independent  execution  of  their  original 
plans,  while  those  of  the    proprietors  who,  whether 
from  motives  of  interest  or  of  policy,  remained  at  home, 
might  more  openly  and  fearlessly  avow  the  political 
sentiments  of  the  puritans. 
Arrival  of      rpj^^  charter  with  the  officers  elected  to  the  govern- 

tne  charter  ° 

in  New  mcut  of  the  company,  arrived  in  New  England  in  the 
i&ii)!^  '  month  of  June  of  the  following  year,  and  at  the  same  time 
with  them  about  fifteen  hundred  other  persons  who 
had  embarked  at  an  expense  of  X 20, 000,  or  about 
8100,000.  They  landed  at  Cape  Ann,  near  Salem, 
but  not  being  satisfied  with  that  location  they  plant- 
ed themselves  at  Trimountaine,  afterwards  called  Bos- 
ton ;  which  "  all  agreed,"  says  Gov.  Winthrop,  "  is 
a  fitt  place  for  a  beautiful  town ; "  they  also  laid  the 
The  offi-     foundation  of   Roxbury  and  Charlestown :    The  gov- 

ccrs  01  liiG  ^ 

Co.  as-       ernor,  the  deputy,  and  assistants  chosen  by  the  com- 
govern-^    pany  in  London,  "  conjointly  with  all  the  freemen  who 
ment  of  the  should  thereafter  settle  in  New  England,"  were  vested 
coony.      ^.^^^  ^^^  ^^^^  corporate  rights,  powers,  and  privileges, 
which  had  been  conferred  by  the  crown  upon  the  orig- 
inal patentees. 
Governor       Governor  Endicott,  till   now  the   governor  of  the 
takes'^the    coloiiy,  having  been  appointed  to  a  place  in  the  coun- 
aittant^"  cil  of  assistants,  on  the  election  of  John  Winthrop  to 
the  office  of  governor,  before  the  government  was  trans- 
ferred from  London,  appeared  on  the  seventh  of  Sep- 
tember, and  took  the  oath  of  an  assistant  in  the  pres- 
ence of  the  general  court  then  sitting  at  Charlton. 

On  the  nineteenth  day  of  October  in  the  same  year 
the  general  court  commenced  holding  its  sessions  at 


THE  UNITED   STATES  OP  AMERICA.  24T 

TIIK    COMPANY    AND    COLONY    OK    MASSACHUSETTS    DAY.  PaRT    II. 

Boston  ;  which  continued  from  that  time  to  be  the  chief  Tiic  coio- 
town  in  the  colony  :     At  this  session,  "  for  the  estab-  c'rnuft^iV 
lishing  of  the  government,  it  was  propounded  if  it  were  ^^^^"^'"  *^^^ 
not  the  best  course  that  the  freemen  should  have  the 
power  of  choosing  assistants  when  there  are  any  to  be 
chosen,  and  the  assistants  from  among  themselves  tORecogni- 
clioose  a  governor  and  deputy  governor,  who,  with  the  *'^"  ^^  *^® 
assistants,  should  have  the  power  of  making  laws  and  the  source 
choosing  officers  to  execute  the  same  ?     This  was  fully  l\  P^^er. 
assented  unto  by  the  general  vote  of  the  peoi^le,  and  Rec.  Mass., 
erection  of  hands."*  .    ■ 

The  first  colonial  election  for  governor,  held  subse- The  first 
quent  to .  the  removal  of  the  government  of  the  com-  ei'ection, 
pany  to  New  England,  was  made  "  at  a  meeting  of  the  ^^7>  l^si." 
general  court  holden  at  Boston,  on  the  eiglitecnth  day 
of  May  following,  when  John  Winthrop,  Esq.,  was  chosen 
governour  for  a  whole  year  next  ensuing,  by  the  general 
consent  of  the  court,  according  to  the  meaning  of  the 
pattent,  and  did  accordingly  take  an  oath  to  the  place 
of  governour.    Tho.  Dudley,  Esq.,  was  also  chosen  deputy 
governour   for  this    year    next    ensuing,   and  did   in 
presence  of  the  court  take  an  oath  to  his  place  be- 
longing." 

"  For  explanation  of  an  order  made  the  last  general  Further 

court,   holden   the    nineteenth    October  last,   it   ivasl^^^^T.u 
'  ^  '  tion  ot  the 

ordered  now,  with  full  consent  of  all  the  commons  people  as 
then  present,  that  once  in  every  year  at  least,  a  general  of  powen* 
court  shall  be  holden,  at  which  court  it  shall  be  lawful 
for  the  coumions  to  propound  any  person  or  persons 
whom  they  shall  desire  to  be  chosen  assistants  ;  and  if 
it  be  doubtful  whether  it  be  the  greater  part  of  the 
commons  or  not,  it  shall  be  put  to  the  poll.     The  like 
course  to  be  holden  when  they,  the  said  commons,  shall 
see  cause  for  any  defect  or  misdemeanor  to  remove  any 
one  or  more  of  the  assistants ;  and  to  the  end  the  body 
of  the  commons  may  be  preserved  of  honest  and  good 
men,  it  was  likewise  ordered  and  agreed,  that,  for  time^Q^g'^^** 
to  come,  no  man  shall  be  admitted  to  the  freedom  of  freemeu. 


248  THE  GOVERNMENTAL   HISTORY   OP 

Part  II.  new  England. 

this  body  politic,  but  such  as  are  members  of  some  of 
the  churches  within  the  limits  of  the  same." 


Relations  It  is  not  surprising  that  so  sudden  and  so  large  an 
onists  wUh  "^A^i^  o^  strangers  among  them  should  have  awakened 
the  In-  the  serious  apprehensions  and  hostility  of  the  natives 
of  the  soil.  We  can  well  imagine  the  wild  dismay  with 
which  these  untutored  children  of  nature,  who  had  for 
so  many  ages  roam6d  undisturbed  through  the  sturdy 
forests  of  New  England,  gazed  upon  the  pale  faces, 
observed  the  curious  customs,  the  habits,  the  habili- 
ments, and  listened  to  the  unknown  tongue  of  our 
puritan  fathers.  Day  after  day  they  forgot  the  chase 
and  the  dance,  and  watched  them.  Night  after  night 
they  lighted  their  council-fires,  and  watched  them. 
They  consulted  with  their  chiefs  and  their  warriors, 
with  thejr  medicine  men  and  their  prophets,  and  with 
each  other,  and  watched  them.  They  implored  the 
Great  Spirit,  and  still  watched  and  waited,  and  waited 
and  watched,  to  see  them  vanish  again  whence  they  had 
come,  in  the  blue  mist  which  hovered  over  the  waters 
that  stretched  far  away  into  the  world  of  the  invisible. 
Still  these  mysterious  forms  went  not  away,  still  tliey 
stayed.  They  took  possession  of  their  lands,  they  cut 
down  their  venerated  forest  trees,  they  dug  into  their 
soil,  they  fished  in  their  waters,  they  hunted  upon  their 
mountains,  they  trafiicked  by  their  lakes  and  rivers,  and 
they  erected  their  dwelling-places  upon  the  very  mounds 
where  reposed  the  sacred  ashes  of  their  dead.  Strange, 
passing  strange  was  the  vision  it  presented  to  their 
bewildered  senses !  Stranger  still,  in  the  economy  of 
that  providence  whom  we  acknowledge,  was  the  fate 
which  it  foreshadowed  to  their  race. 
Destruc-  At  this  crisis  a  war  with  the  natives  seemed  inevi- 
Indians  by*^^^^'  ^^^*  ^^^^  small  pox  broke  out  among  them,  and  in 
the  small  a  very  few  weeks  whole  tribes  were  swept  away.  Who 
shall  say  how  much  the  fatal  ravages  of  the  desolating 
pestilence  were  occasioned  by  the  fear  and  anxiety  pro- 


THE  UNITED   STATES  OP  AMERICA.  249 


I  THK    COLONY    OF    MASSACHUSKTTS    BAY.  PaRT    II. 

diiced  in  the  mind  of  the  Indian  by  tlic  presence  and 
tlic  power  of  the  white  man  ?  Can  philosophy  or  faith 
be  charged  with  weakness  or  credulity  in  believing  it, 
in  its  work  of  death,  the  commissioned  agent  of  the 
Almighty  ? 

The  tracts  of  country  thus  desolated  were  rich  and  Favorablo 
well  selected,  and  seemed  vacated  to  open  a  ready  and  ^"^J^^j^j^  ^f 
fit  resting  place  for  the  thousands  who  now  crowded  to  t^e  colony- 
these  shores  "  as  clouds  and  as  doves  to  their  windows," 
to  avoid  the  increasing  cruelties  of  proscription  and 
intolerance  in  the  mother  country.     Towns  and  vil- 
lages; thriving  and  beautiful,  sprung  up  almost  with 
the  power  of  magic,  and  the  hum  of  industry  and  civ- 
ilization awakened  the  echoes  of  the  long  howling  wil- 
derness. 

The  result  was  a  dispersion  of  the  settlers  from  the  Develop- 
immediate  vicinity  of  their  seat  of  government,  where  representa- 
each  freeman  had  been  hitherto  required  to  appear  in  tive  feature 

in  "ovcm* 

person  at  the  public  meetings  of  the  general  court  of  meut. 
the  colony.     Thus  it  became  necessary  for  the  inhabit- 
ants of  the  several  towns  or  settlements  to  appoint  del- 
egates to  appear  fully  empowered  to  act  for  them,  upon 
all  matters  of  general  interest  or  importance. 

Here  again,  as  in  Virginia,  we  mark  the  origin  of  See  Part  I. 
that  distinction  which  obtains  between  a  republican  or 
representative  government  and  one  purely  democratic. 
The  latter  is  practicable  only  in  small  communities, 
and  is  known  only  in  the  infancy  of  society ;  the 
former  is  the  necessary  result  of  its  extension  and  dis- 
tribution. 

This  form  of  government,  however,  was  not  fully  Represcnt- 
carried  into  effect  until  the  year  1634.     In  the  month  0^^070™- 
of  April  of  that  year,  "  notice  being  sent  out  to  the  ''^^"^ 
general  court  to  be  holden  the  fourteenth  day  of  May,  how 
the  freemen  deputed  two  of  each  town  to  meet  and  con- ^'^^P*^^' 
sider  of  such  matters  as  they  were  to  take  order  in  at  the 
same  general  court ;  who  having  met,  desired  a  sight 
of  the  pattcnt,  and  conceiving  thereby  that  all  their 


250  I'HE  GOVERNMENTAL    HISTORY  OP 

Part  II.  new  England. 

laws  should  be  made  at  the  general  court,  repaired 
to  the  governour  to  advise  with  him  about  it.  He  told 
Its  neces-  them,  that  when  the  pattent  was  granted,  the  number 
SJed^^^^'  ^^  froemen  was  supposed  to  be  (as  in  like  corporations) 
so  few  as  they  might  well  join  in  making  laws,  but  now 
they  were  grown  to  so  great  a  body  as  it  was  not  possi- 
ble for  them  to  make  or  execute  laws ;  but  they  must 
choose  others  for  that  purpose ;  and  that  howsoever  it 
would  be  necessary  hereafter  to  have  a  select  company 
to  intend  that  work,  yet  for  the  present  they  were  not 
furnished  with  a  sufficient  number  of  men  qualified  for 
such  a  business ;  neither  could  the  commonwealth 
bear  the  loss  of  time  of  so  many  as  must  intend  it ;  yet 
this  they  might  do  at  present,  viz. :  They  might  at  the 
general  court  make  an  order  that  once  in  a  year  a 
certain  number  should  be  appointed,  upon  summons 
•Gov.Win-  fj-Qjn  the  governour,  to  revise  all  laws,  &c. ;  but  not  to 

throp  s  °  /.        1     . 

Journal,     make  any  new  laws,  but  prefer  their  grievances  to  the 

court  of  assistants ;  and  that  no  assessment  should  be 

Represent-  laid  upon  the  country  without  the  consent  of  such  a 

ation  and  .  i        i      t  t      f  ^^±. 

taxation,    committee,  nor  any  lands  disposed  of.  * 
Chamber        The  result  of  tliis  conference  with  the  governor  was 
chosen  by  the  recognition  of  the  committee,  proposed  as  a  chamber 
*^®P^°P^®'of   deputies,  at  the  session  of  the  general  court,  in 
May,  when  the  following  important  orders  were  made : 

Orders  of       "  that  no  trial  shall  pass  upon  any,  for  life  or 

a^Couirt '^*  banishment,  but  by  a  jury  summoned,  or  by  the  gen- 
eral court. 
Terms  of        "/^  (s  liketvise  ordered,  that  there  shall  be  four  gen-' 
oral  courts  held  yearly,  to  be  summoned  by  the  gov- 
ernour, for  the  time  beiiig,  and  not  to  be  dissolved 
>  without  the  consent  of  the  major  part  of  the  court. 

Deputies        "/<!  is further  ordered,  that  it  shall  be  lawful  for  the 
of  the  peo-  freemen  of  every  plantation  to  choose  two  or  three  of 
chosen,      cach  town,  before  every  general  court,  to  confer  of 
and  prepare  such  public  business  as  by  them  shall  be 
thought  fitt  to  consider  of  at  the  next  general  court ; 
and  that  such  persons  as  shall  be  hereafter  so  deputed 


tHE   UNITED    STATES   OP  AMERICA.  251 

THE    COLONY    OF    MASSACHUSETTS    BAY.  PaUT    II. 

by  the  freemen  of  the  several  plantations  to  deal  in  Right  of 
their  behalf  in  the  public  affairs  of  the  commonwealth,  ^-''^o^'ng 

•^  _  '  public  oifi- 

shall  have  the  full  power  and  voices  of  all  the  said  free-  cers  re- 
men  derived  to  them  for  the  making  and  establishing  thrp^ople. 
of  laws,  granting  of  lands,  <fec.,  and  to  deal  in  all  other 
affairs  of  the  commonwealth  wherein  the  freemen  havo 
to  do ;  the  matter  of  election  of  magistrates  and  other 
officers  only  excepted,  wherein  every  freeman  is  to  *  i  Hist. 

1  •  •       5j»  Rec.  Mass.. 

give  his  own  voice."*  us         • 

These  deputies  or  delegates,  with  the  governor,  dep- 
uty governor,  and  council  of  assistants,  thereafter  con- 
stituted the  General  Court  of  the  colony.  Thus  was 
formed  the  first  representative  assembly  ever  held  in 
New  England,  and  the  second  held  in  America.  The  See  Part  I. 
occasion  evinces  a  further  and  more  ripening  develop- 
Inent  of  the  element  of  political  liberty  embraced  in 
the  protestantism  of  the  puritans,  than  we  have  hith- 
erto observed.  This  was  its  first  free  and  full  exercise. 
It  recognizes  the  people  as  the  source  of  all  political 
power,  and  establishes  this  as  a  fundamental  maxim  in 
tlie  organization  of  an  essentially  free  government. 
Its  practical  elucidation  and  recognition,  we  are  proud 
to  say,  is  of  purely  American  origin. 

In  March,  of  the  next  year,  it  was  provided  by  an  Establish- 
order  of  the  general   coui't,  "that  there  shall  be  ^^^^"^ ql^l^ll 
courts  kept  every  quarter;  one  a^t  Ipswich,  to  which  and  Countj 
Newberry  shall  belong ;  two  at  Salem,  to  which  San- 1635.  ' 
gurs  shall  belong ;  three  at  New-Towne,  to  which  Charl- 
ton, Concord,  Meadford  and  Watertown  shall  belong; 
four  at  Boston,  to  which  Rocksbury,  Dorchester,  Wey- 
mothe  and  Hingham   shall  belong:     Every  of   these 
courts  shall  be  kept  by  such  magistrates  as  shall  be  * 

dwelling  in  or  near  the  said  towns,  and  by  such  other 
persons  of  worth  as  shall  from  time  to  time  be  ap- judges  of 
pointed  by  the  general  court,  so  as  no  court  shall  be  ^"JJ^^'J 
kept  without  one  magistrate  at  the.  least,  and  that  none  how  desig- 
of  the  magistrates  be  excluded,  who  can  and  will  intend  "'^ 
the  same  ;  yet  the  generall  court  shall  appoint  which  of 


252 


THE   GOVERNMENTAL   HISTORY   OP 


Part  II. 


NEW    ENGLAND. 


Assistant 
judges, 
how  ap- 
pointed. 


Jurisdic- 
tion. 


Right  of 
appeal. 


the  magistrates  shall  specially  belong  to  every  of  tlio 
said  courts." 

"  Such  persons  as  shall  be  joined  as  associates  to  the 
magistrates  in  the  said  court,  shall  be  chosen  by  the 
general  court,  out  of  a  greater  number  of  such  as  the 
several  towns  shall  nominate  to  them,  so  as  there  may 
be  in  every  of  the  said  courts  so  many  as  (with  the 
magistrates)  may  make  five  in  all.  These  courts  shall 
try  all  civil  causes,  whereof  the  debt  or  damage  shall 
not  exceed  x,£,  and  all  criminal  causes  concerning  life, 
member,  or  banishment ;  and  if  any  person  shall  find 
himself  grieved  with  the  sentence  of  any  of  the  said 
courts,  he  may  appeal  to  the  next  great  qiiarter  court, 
j)rovided^  that  he  put  in  sufficient  consideration  to  pre- 
sent his  appeal  with  effect,  and  to  abide  the  sentence  of 
the  magistrates  in  the  said  great  quarter  court ;  who 
shall  see  that  all  such  that  shall  bring  any  appeal  with- 
out just  cause  shall  be  exemplarily  punished. 

"  There  shall  be  four  great  quarter  courts  kept  yearly 
at  Boston,  by  the  governor  and  the  rest  of  the  magis- 
trates ;  the  first,  the  first  Tuesday  in  the  fourth  month, 
called  June :  the  second  the  first  Tuesday  in  Septem- 
ber :  the  third  the  first  Tuesday  in  December :  the 
fourth,  the  first  Tuesday  in  the  first  month,  called 
March.  The  inferior  courts  shall  be  kept  the  first,  the 
last  Tuesday  in  June,  and  the  rest  the  last  Tuesday  in 
every  of  the  said  months. 

"All  actions  shall  be  tried  at  that  court  to  which  the 
defendant  belongs. 

"All  offenders  which  shall  be  in  the  prison  at  Boston 
at  the  time  of  any  court  there  holden,  shall  be  tried  at 
that  court,  except  in  the  warrant  of  his  commitment 
he  be  reserved  to  the  great  quarter  court ;  and  it  shall 
be  lawful  for  the  governour,  or  deputy  govcrnour,  or 
any  two  magistrates  (upon  special  and  urgent  occasion) 
to  appoint  courts  to  be  kept  upon  other  days  than  in 
this  order  are  appointed. 

"And  whereas  the  most  weighty  affairs  of  this  bod^ 


Terms  of 
the  great 
quarter  or 
superior 
courts. 


Of  the 
inferior  or 
county 
courts. 


Criminal 
offenders, 
where 
■"tried. 


Special  seS' 
eioQS. 


THE   UNITED   STATES   OP   AMERICA.  253 

THE    COLONY    OF    MASSACHUSKTTS    BAY.  PaKT    II. 

are  now,  by  this   present  order,  and  others  formerly 
made,  brought  into  such  a  way  and  method  as  there  will 
not  henceforth  be  need  of  so  many  general  courts  to  be 
kept  as  formerly,  it  is  therefore  ordered,  that  hereafter 
there  shall   be  only  two  general  courts  kept  in  a  year,  Number  of 
viz  :  that  in  the  third  month  called  May,  for  elections  ^^^^^^f' 
and  other  affairs ;  and  the  other,  the  first  Wednesday  limited, 
in  October,  for  making  laws,  and  other  public  occasions  specified. 
of  the  commonwealth,  provided  that  the  governor  may, 
upon  urgent  occasion,  call  a  general  court  at  any  other 
time,  besides  the  two  courts  before  mentioned. 

'"'•And  whereas  it  may  fall  out  that  in  some  of  these 
general  courts,  to  be  holden  by  the  magistrates  and 
deputies,  there  may  arise  some  difference  of  judgment  Proceed- 
in  doubtful  cases,  it  is  therefore  ordered,  that  no  1^^/"  nerai  ^'^^ 
order,  or  sentence    shall   pass  as  an  act  of  the  court,  court  in 
without  the  consent  of  the  greater  part  of  the  magis-  disa"-ree- 
trates  on  the  one '  part,  and  the  greater  number  of  the  ™p°.^' 
deputies  on  the  other  part,  and  for  want  of  such  accord, 
the  cause  or  order  shall  be  suspended,  and  if  either 
party  thinks  it  so  material,  there  shall  be  forthwith  a 
committee  chosen,  the  one  half  by  the  magistrates,  and 
the  other  half  by  the  deputies,  and  the  committee  so  *  I.  His- 
chosen  to  elect  an  umpire,  who  together  shall  have^g^Q^^jg 
power  to  hear  and  determine  the  cause  in  question."*    Mass. 

Besides  these  provisions  for  the  more  perfect  organi- 
zation of  the  government  of  the  colony,  the  general 
court  seems  to  have  been  very  much  exercised  by  sundry 
religious  differences  which  had  sprung  up  in  various  Religious 
parts  of  the  country.     As  early  as  March,  1634,  the  differen- 
ce urt  did  "  entreat  of  the  elders  and  brethren  of  every  colony.  ^ 
church  within  this  Jurisdiction,  that  they  will  consult 
and  advise  of  one  uniform  order  of  discipline  in  the 
churches,  agreeable  to  the  scriptures,  and  then  to  con- 
sider how  far  the  magistrates  are  bound  to  interpose 
for  the  preservation  of  that  uniformity  and  peace  of 
the  churches.'"* 

The  cause  of  these  difficulties  was  attributed  to  the 


254  THE   GOVERNMENTAL   HISTORY   OP 

Part  II.  new  England. 

Action  of  existence  of  too  much  freedom  allowed  to  settlers  in 

the  gene-  jQga^^jj^p,  their  settlements  in  the  colony.     The  matter 

upon,  having  received  the  attention  of  the  "  elders  and  breth- 

malters,  rcn"  was  brought  before  the  general  court,  when  the 

March,  following  proceedings  were  had  in  reference  to  it. 

1635.  '-'  ^ 

"  Forasmuch  as  it  hath  been  found  by  sad  experi- 
ence, that  much  trouble  and  disturbance  hath  happened 
both  to  the  church  and  civil  state  by  the  officers  and 
members  of  some  churches,  who  have  been  gathered 
within  the  limits  of  this  jurisdiction  in  an  undue  man- 
ner, and  not  with  such  public  approbation  as  were  meet, 
it  is  therefore  ordered,  that  all  j^ersons  are  to  take 
notice  that  this  court  doetli  not,  nor  will  hereafter,  ap- 
prove of  any  such  companies  of  men  as  shall  hence- 
Members  forth  join  in  any  pretended  way  of  church  fellowship, 
of  certain  -^itbout  they  shall  first  acquaint  the  magistrates,  and 

churches  •'  ^  . 

not  to  be  the  elders  of  the  greater  part  of  the  churches  in  this 
as  free-      jurisdiction  with  their  intentions,  and  have  their  ap- 
men.         probation  therein.     And  further,  it  is  ordered,  that  no 
person,   being  a  member   of  any  church  which   shall 
hereafter  be  gathered  without  the  approbation  of  the 
magistrates  and  the  greater  part  of  the  said  churches, 
shall  be   admitted   to   the  freedom  of  this  common- 
wealth." 
Election  of     In  May,  1636,  a  new  election  of  colonial  officers  wag 
colonial     j^g^^j    when   Heurv  Vane,  Esq.,  was  chosen  governor, 

officers  in  '  j  7  ±  7  o  j 

1636.  and  John  Winthrop,  deputy  governor  and  a  member 
of  the  standing  council  for  life.  At  this  session  of  the 
general  court  a  fine  was  imposed  upon  the  freemen  of 
Newberry  "  for  choosing  and  sending  to  this  court  a 
deputy  which  was  no  freeman." 

Revision  "The  governor,  deputy  governor,  Thos:  Dudley, 
of  laws.  John  Haynes ;  Rich.  Bellingham,  Esq. ;  Mr.  Cotton  ; 
Mr.  Peters ;  and  Mr.  Shepherd,  are  in  treated  to  make 
a  draught  of  laws  agreeable  to  the  word  of  God,  which 
may  be  the  fundamentals  of  this  commonwealth,  and 
to  present  the  same  to  the  next  general  court.  And 
it  is  ordered^  that  in  the  mean  time  the  magistrates  and 


THE  UNITED   STATES   OF  AMERICA.  2.35 

THE    COLONY    OF    MASSACHUSETTS    BAY.  I'aRT    II. 

their  associates  shall  proceed  in  the  courts  to  hear  and  The  Bible 
determine  all  causes  according  to  the  laws  now  estab-  ||J  the lib- 
lished;  and  where  there  is  no  law,  then  as  near  the  ■'^'-^'^e  of 
law  of  God  as  they  can ;  and  for  all  business  out  of  law, 
court  for  which  there  is  no  certain  rule  yet  set  down, 
those  of  the  standing  councel,  or  some  two  of  them, 
shall  take  order  by  their  best  discretion,  that  they  may 
be  ordered  and  ended  according  to  the  rule  of  God's 
word  ;  and  to  take  care  for  all  military  affairs  till  the  *  ^-  ^f  *• 

'  •'  Rec.  Mass., 

next  general  court."*  174. 

In  order  to  give  a  more  complete  idea  of  the  colo- 
nial government,  its  independent  position,  and  the  alle- 
giance it  demanded,  we  subjoin  the  following  forms  of 
oaths  administered  within  its,  jurisdiction. 

"  The  oath  of  a  resident.  I,  A.  B.,  being  by  God's  provi-  Resident's 
dence  an  inhabitant  within  the  jurisdiction  of  this  com-  aiieo^iance 
mon wealth,  do  freely  and  sincerely  acknowledge  myself  tothecolo- 
to  be  subject  to  the  government  thereof,  and  therefore 
do  here  swear,  by  the  great  and  dreadful  name  of  the 
ever  living  God,  that  I  will  be  true  and  faithful  to  the 
same,  and  will  accordingly  yield  assistance  and  support 
witli  my  person  and  estate,  as  in  equity  I  am  bound, 
and  will  also  truly  endeavor  to  maintain  and  preserve 
all  the  liberties  and  privileges  thereof,  submitting  my- 
self to  the  wholesome  laws  made  and  established  by  tlie 
same  ;  and  further,  that  I  will  not  plott  nor  practice 
any  evil  against  it ;  nor  consent  to  any  that  shall  so  do, 
but  will  timely  discover  and  reveal  the  same  to  lawful 
authority,  now  here  established,  for  the  speedy  prevent- 
ing thereof;  so  help  me  God  in  the  Lord  Jesus  Christ.^^ 

^^The  oath  of  a  Freeman.     I,  A/  B.,  being  by  God's  Freeman's 
providence  an  inhabitant  and  freeman  within  the  juris- an'^-iance 
diction  of  this  commonwealth,  do  freely  acknowledge  to  Hie  colo- 
myscli  to  be  subject  to  tlie  government  thereof,  andermueut. 
therefore  do  here  swear,  by  the  great  and  dreadful  name 
of  the  ever  living  God,  that  I  will  ever  be  true  and 
faithful  to  the  same,  and  will  accordingly  yield  assist- 
ance and  support  thereunto  with  my  person  and  estate, 


256  THE   GOVERNMENTAL   HISTOEY    OF 

Part  II.  new  England. 

Freeman's  as  ill  equity  I  am  bound,  and  will  also  truly  endeavor 
to  maintain  and  preserve  all  the  liberties  and  privileges 
thereof,  submitting  myself  to  the  wholesome  laws  made 
and  established  by  the  same ;  and  further,  that  I  will 
not  plot  nor  practice  any  evil  against  it,  nor  consent  to 
any  that  shall  so  do,  but  will  timely  discover  and  reveal 
the  same,  to  lawful  authority  now  here  established,  for 
the  speedy  preventing  thereof:     Moreover,  I  do  solemn- 
ly bind  myself  in  the  sight  of  God,  that  when  I  shall 
be  called  to  give  my  voice  touching  any  such  matter  of 
this  state,  wherein  freemen  are  to  deal,  I  will  give  my 
vote  and  suffrage  as  I  shall  in  my  own  conscience  judge 
best  to  conduce  and  tend  to  the  public  weal  of  the  body, 
without  respect  of  persons  or  favor  of  any  man — so  help 
me  God  in  the  Lord  Jesus  Christ.''^ 
Oath  of  the     "  The  oath  of  the  Governour.    Whereas  you  are  chosen 
and  Assist-  ^^  ^^^^  placc  of  the  governour  over  this  jurisdiction  for 
ants.         this  year  and  till  a  new  be  chosen  -and  sworn,  you  do 
here  swear  by  the  living  God  that  you  will  in  all  things 
concerning  your  place,  according  to  your  best  power 
and  skill,  carry  and  demean  yourself,  for  the  said  time 
of  your  government,  according  to  the  laws  of  God,  and 
for  the  advancement  of  his  gospel,  the  laws  of  this  land, 
and  the  good  people  of  this  plantation ;    You  shall  do 
justice  to  all  men  without  partiality ;  you  shall  not  ex- 
ceed (as  much  as  in  you  lieth)  the  limitations  of  (a 
governour  or  assistant)  in  your  places." 
Order  lim-      Similar  oaths  were  administered  to  the  dcputy-gov- 
numbeAf  ^I'l^or  and  assistants,  or  members  of  the  council,  accord- 
Deputiestoing  to  tlicir  respective  places.     In  September  of  this 

the  Gener-  ^ ,  ^  i>    -,   i  ■,  i 

ai  Court,  year  thc  number  oi  delegates  to  the  general  court  was 
1636.  limited  by  an  order  as  follows — "that,  hereafter,  no 
town  in  the  plantation  that  hath  not  ten  freemen  resi- 
dent in  it  shall  send  any  deputy  to  the  gencrall  courts; 
those  that  have  above  ten  and  under  twenty,  not  above 
one ;  betwixt  twenty  and  forty,  not  above  two ;  and 
*  1  Ilist.     those  tliat  have  above  forty,  three  if  they  will,  and  not 

KGC.     iuilSS.        _  'it  :ie. 

178  above.   * 


THE    UNITED    STATES    OF    AMERICA.  257 


THE    COLONY    OK    MASSACHUSETTS    DAY.  PaRT    II. 

Various  action  seems  to  have  been  taken  by  the  gen-  Colonial 
eral  court,  from  time  to  time,  respecting  the  prepara- Jij^^vs. '^ 
tion  of  a  code  of  laws  for  the  colony,  but  I  do  not  find 
them  anywhere  embodied  into  a  regular  system.  They 
seem  to  exist  only  in  the  form  of  general  orders  refer- 
ring to  some  supposed  code,  which,  if  it  had  any  actual 
tangible  existence  at  this  early  period,  has  not  been 
preserved  among  their  records.  Enough  is  recorded, 
however,  and  we  have  transcribed  sufficient  to  enable 
us  to  discern  the  basis  of  their  government,  the  religious 
as  well  as  political  elements  which  entered  into  its 
constitutional  organism  and  forms  of  administration. 
Its  grand,  characteristic,  and  most  imposing  feature, 
was  its  recognition  of  a  Protestant  Christianity  as  essen- 
tial to  the  existence  of  freedom  in  the  social,  municipal, 
and  state  organizations. 

While  the  puritans  sought  to  secure  freedom  of  con-  Its  protest- 
science  and  freedom  of  worship  in  matters  of  religion, 
they  forgot  not  that  there  was  also  a  political  element 
in  protestantism  which  more  essentially  conserved  the 
existence  of  a  free  government  and  free  institutions, 
whether  social,  political,  literary  or  religious.    Hence  we 
find  them  establishing  in  this  new  world  a  frame-work 
of  society,  and  institutions  of  government,  of  education, 
of  humanity,  and  religion,  which  even  in  the  infancy  of 
their  existence  attract  the  wonder  and  admiration  of 
mankind.    They  were  of  themselves,    Tliey  were  found-  Success  of 
ed  on  no  models  in  the  past.     Indeed  theirs  was  an  ex-J^'^^^^^'^'^"^' 
periment  so  hazardous,  so  new,  so  unprecedented  in  the  viewed  ia 
history  of  nations,  so  unsuspected  even  by  the  powers  icse-ss! 
of  the  parent  state — which  saw  them  go  forth  more  as 
exiles  to  be  despised  than  as  subjects  to  be  cared  for 
and  nourished — that  we  are  not  surprised  at  the  aston- 
ishment with  w'hich  the  crown  and  the  mitre  heard  of 
their  success ;  or  the  jealousy  with  which  their  free  and 
independent  assumptions  of  political  power  were  now 
regarded. 

But  it  was  not  the  crown  alone,  or  the  ecclesiastical 
17 


258  THE   GOVERNMENTAL   HISTORY   OP 

Part  II.  new  England. 

Success  of  hierarchy  alone,  the  whole  people  of  England  were  alike 
Ijo^  astounded  at  the  result.    A  well  ordered  commonwealth 

viewed  in   — fg^.  ^liat  was  the  diffnificd  lanffuao-e  of  their  enact- 

England,  '='  bo 

1636-38.    ments — had  arisen,  as  it  were  in  a  night,  on  the  inhos- 
pitable shores  of  New  England.     Men  looked  towards 
it  not  only  as  religionists  persecuted  for  opinion's  sake, 
but  also  as  politicians  and  statesmen,  as  merchants  and 
tradesmen,  as  artisans  and  mechanics,  as  manufactur- 
ers and  operatives:     The  commoner  and  the  peasant  as 
well  as  the  diplomatist,  the  jurist,  and  the  divine,  each, 
all,  now  saw  something  attractive  to  them  in  this  home 
opened  to  industry,  enterprise,  and  freedom. 
Opposition      The  Crown  was  alarmed.    Archbishop  Laud^  enraged 
En"-iand.    *^^^^  ^^   many  victims  of  ecclesiastical  censure  were 
escaping  across  the  waters,  appalled  at  the  growth  of 
the  puritan  party  in  England,  and  the  increase  of  their 
settlements,  their  population,  and  power,  in  New  Eng- 
land, prevailed  upon  Charles  I.  to  issue  a  special  proc- 
Emigra-     lamation  prohibiting  all  masters  of  vessels  from  trans- 
New  En"--  porting  any  persons  whatever  to  America,  without  a 
land  pro-    license  from  the  crown  or  some  magistrate.     Among 

hibited.  . 

the  number  of  those  who  had  prepared  to  emigrate,  and 

Oliver        werc  prevented  by  this  interposition  of  the  royal  prc- 

and^oUiers  rogativc,  was  Oliver,  Cromwcll.     He  had  actually  sailed, 

restrained  but  the  vcsscl  in  whicli  hc  had  embarked  meeting  with 
by  it.  ,  .    ,  -..,,. 

contrary  and  tempestuous  winds,  was  driven  back  into 

*  Robert-   port,  and  thus  he  became  a  subject  of  this  interdict.* 

terbothani  ^^011  WO  think  of  his  after  career,  his  restless  spirit, 

his  sturdy  and  aspiring  intellect,  we  cannot  help  losing 

ourselves  in  speculating  upon  the  probable  results  to 

America,  to  mankind,  had  he  then  carried  his  purposes 

Conse-       into  execution.      But  it  was  his  career  at  home,  the 

Xe^nter^  revolution  which  he  afterwards  accomplished  in  Eng- 

dict.  land,  which  gave  a  new  complexion  to  the  aspect  of 

affairs  in  the  mother  country,  and  to  the  condition  of 

the  colonies  in  America,  and  tended  to  stamp  still  more 

indelibly  upon  the  puritan  settlements  of  New  England 

the  political  features  which  they  had  already  exhibited. 


THE   UNITED    STATES    OF   AMERICA.  259 

THE    COLONY    OF    MASSACUUSKTTS    BAY.  PaRT    II. 

Under  his  protectorate  laws  were  enacted  by  tlicm 
securing  to  themselves  the  most  liberal  benefits ;  and  it 
was  during  the  disturbances  of  his  administration  that 
they  took  occasion  to  associate  in  a  confederacy  which 
formed  a  bond  of  union  and  sympathy  between  them 
never  thereafter  to  be  broken  or  sundered. 

The  crown,  at  the  further  instigation  of  Archbishop  ^';"'*^i'''^r- 
Laud,  established  or  appointed  a  council  of  "  commis- crown, 
sioners   for   foreign    plantations,"   to    investigate   the 
affairs  of  the  companies  which  had  planted  the  settle- 
ments in  America.     Laud  was  placed  at  the  head  of 
this  council.     Among  other  things,  they  were  directed 
"  to  cause  the  revocation  of  such  letters  pattents  as  were 
unduly  obtained,  or  contained  grants  of  powers  and 
privileges    infringing    upon    the    royal    prerogatives."  "^"t  of 
The  result  of  this  investigation  was,  that  The  Grand  ranto  is- 
Council  at  Plymouth^  surrendered  back  its  patent  to  ^"^^^^^^^  ^^^^ 
the  crown.     This  laid  the  foundation  for  a  writ  of  quo  Mussachu- 
loarranto,  which  was  issued  against  the  governor  and  ^^  ^loss. 
company  of  the  Massachusetts  Bay,  and  upon  which  it 
was  adjudged,  that  by  removing  it  to  New  England 
the  company  had    forfeited    its  charter.     We  cannot 
question  the  justice  of  this  adjudication,  but  it  does 
not  appear  that  any  proceedings  were  instituted  in  pur-  its  charter 
suance  of  it  further  than  that  the  council  of  commis- ^^^^j^^j^/^ 
sioners  ordered  the   governor  and    company  to  sendered  up. 
their  charter  back  to  England  to  be  canceled. 

Governor  Winthrop  says  that  this  order  was  pro- 
duced before  the  general  court  of  the  colony,  when  "z7  Colonial 
ivas  agreed  that  whereas  a  very  strict  order  was  sent  •'^^^'9"  "P- 

'^  ...  *5n  the  or- 

from  tlie  lords  commissioners  for  foreign  plantations,  der,  June 

for  the  sending  home  our  pattent,  upon  pretence  that  '   ^    ' 

judgment  had  passed  against  it  iipon  a  qiio  ivarranto; 

a  letter  should  be  written  by  the  governour  in  the  name 

of  the  court  to  excuse  our  not  sending  it :     For  it  was 

resolved  to  be  best  not  to  send  it,  because  then  such  of 

our  friends  and  others  in  England  would  conceive  it  to 


260  THE   GOVERNMENTAL    HISTORY   OP 

PaUT    II.  NEW    ENGLAND. 


Colonial  i)e  surrendered,  and  that  thereupon  we  should  be  bound 
the  order  to  receive  such  a  governour  and  such  orders  as  should 
th  ^char-^  ^^  ^^"^  ^^  ^^  '  ^^^^  many  bad  minds,  and  some  weak 
ter,  1C38.  oues  auiong  ourselves,  would  think  it  lawful  if  not  nec- 
essary, to  accept  a  general  governor."* 

This  letter  was'  afterwards  drawn  up  by  Governor 
Letter  to    Wiuthrop  "  by  way  of  honorable  petition."     Its  cau- 
missioners.  tious  and  prudcnt  language  was — "  we  dare  not  ques- 
tion your  lordships'  proceedings  in  requiring  our  pat- 
tent  to  be  sent  unto  you ;  we  only  desire  to  open  our 
griefs,  and  if  in  anything  we  have  offended  his  majesty, 
or  your  lordships,  we  humbly  prostrate  ourselves  at  the 
footstool   of   supreme   authority :      We   are   sincerely 
ready  to  yield  all  due  obedience  to  both  ;     We  are  not 
conscious  that  we  have  ofiended  in  anything  as  our  gov- 
*Win-        ernment  is  according-  to  law :     We  pray  that  we  may  be 
tbrop's       suffered  to  five  in  the  wilderness.''^*     Tiie  transmission 
journa .     ^^  ^^^^  patent  was  thus  evaded  and  postponed. 
The  trans-      Tlius  again  it  was  that  this  commercial  corporation, 
ormatiou.  ggj-g^jjijgi^Qjj  jj^  Londou  under  the  eye  of  the  crown,  became 
a  well-ordered  municipal  organization  in  New  England. 
Thus  under  the  triple  aspect  of  religious  zeal,  commercial 
enterprise,  and  political  partizanship,  puritanism  suc- 
ceeded in  establishing  an  independent  colony  in  America. 
The  moment  and  the  circumstances  were  singularly 
opportune,  whether  we  regard  the  aspect  of  affairs  in 
the  mother  country  or  in  the  colony  itself.     The  revo- 
cation of  the  charter  to  the  company,  whether  it  was 
delivered  up  to  be  canceled  or  not,  was  deemed  also  to 
have   canceled    the    conditions   of    allegiance   to   the 
crown  for  which  the  charter  stipulated :     The  king's 
mterdict  upon  emigration  kept  at  home  the  elements 
of  a  revolution  hazardous  alike  to  his  person  and  his 
crown,  which  might  otherwise  have  been  spent  in  build- 
Position  of  ing  ^ip  the  new  country  :     And  thus  the  Massachusetts 
the  colony,  j^j^y  company,  now  a  thriving  colony  on  the  coast  of 
New  England,  was  left  to  be  the  arbiter  of  its  own  gov- 
ernment and  institutions,  while  the  parent  state  was 


THE   UNITED    STATES   C^P   AMERICA.  2G1 

THE    COLONY    OF    MASSACHUSETTS    BAY.  PaRT    II. 

being  convulsed  by  scenes  of  anarchy,  confusion,  and 
civil  war.  It  is  well  said  by  Dr.  Robertson,  that  "  from 
this  period  we  must  consider  this  colony,  not  as  a  cor- 
poration whose  powers  were  defined,  and  its  mode  of 
procedure  regulated  by  its  charter,  but  as  a  society 
which,  having  acquired  political  liberty,  had  by  its  own 
voluntary  deed  adopted  a  constitution  of  government 
framed  on  the  model  of  that  of  England : "  But,  we 
may  add,  in  many  of  its  most  essential  and  interesting 
features  widely  different. 

The  domestic  troubles  which  soon  after  visited  Charles  Domestic 
I.,  a  monarch  more  weak  than  wicked,  brought  his  J]^^j.Jgg  j 
head  to  the  block,  dispersed  the  commissioners  appoint- 
ed to  superintend  the  offices  of  his  colonies  in  America, 
and  preserved  their  charter  to  the  governor  and  com- 
pany of  the  colony  of  Massachusetts  Bay. 

The   governor,    deputy    governor,    and    council   ofConstitu- 
assistants,  with  the  deputies  or  representatives,  sat  as  ^p^'p^j^^*  ® 
one  house  until  the  year  1644,  when  they  were  divided  colonial 

clSSGIllblv 

into  two  branches.     The  governor,  deputy  governor  1644.    ' ' 
and  assistants,  forming  the  upper  branch,  and  the  repre- 
sentatives the   lower,  each  of  which  had   a  negative 
upon  the  acts  of  the  other. 

Charles  I.  was   executed   on   the   thirtieth  day  of  Suspension 
December,  1649,  when  the   parliament   succeeded  in  poweVTa^^ 
assuming  those  attributes  and  prerogatives  of  sover- England, 
eignty  for  which  it  had  so  long,  and  in  many  respects 
so  wrongfully,  contended  with  the  crown.     This  might 
be  called  the  transition  state  of  the  political  elements 
of  freedom,  embraced  in  the  protestantism  of  the  puri- 
tans.    It  was,  at  its  commencement  at  least,  nothing 
more  or  less  than  anarchy  in  religious,  and  anarchy  in 
civil  matters.     Between  the  arbitrary  exactions  of  tyran- 
ny in  the  church  and  state  on  the  one  hand,  and  tlie 
extravagant    demands   of    licentious    factions    on  the 
other,  liberty  and  religion  had  fallen  inio  a  state  of 
absolute  chaos  and  confusion.     This  condition  of  thinjxs'^'^"  ^°™' 
resulted  in  the  ostabUshment  of  what  was  called  "  the  wealth. 


262  THE  gover;jmental  history  of 


Part  II.  nkw  kngland. 


The  com-    conuiionwcaltli,"  wherein  the  parliament  became  the 
and"thT '  supreme  power  in  the  state.     This  was  again  changed 
protector-  by  Oliver  Cromwell,  who,  at  the   head  of  an  army, 
Cromwell,  entered  parliament  and  wrested  from  its  grasp  those 
1649-60.    YQjy  attributes  and  prerogatives  which  parliament  had 
plundered  from  the  crown.     Hence  originated  the  form 
of  government  called  the  protectorate.     Oliver  Crom- 
well was  its  embodiment.     But  neither  in  his  political, 
his  religious,  his  social,  or  his  domestic  character,  was 
he  the  fit   representative  of   true   freedom.      Liberty 
lived  indeed,  but  she  survived  only  as  it  were  by  gasp- 
ing through  the  foeted  atmosphere  and  painful  throes 
See  Part  I.  of  his  turbulent  administration.     When  he  died  no  one 
was  found  capable  of  controling  the  elements,  or  riding 
the  storm,  or  healing  the  maladies  which  oppressed  the 
nation.     Sovereignty,  liberty,  religion,  life  and  prop- 
erty, were  tossed  about  between  the  various  factions, 
political  and  religious,  civil  and  ecclesiastical,  existing 
in  the  army,  in  parliament,  in  the  church,  and  among 
the  people,  until  the  monarchy  was  again  restored,  and 
Charles  II.  was  proclaimed  the  true  -nd  only  lawful 
sovereign  of  England. 
Favorable       These  convulsions  which  so  sickened  the  parent  state, 
gretsVf ''''  hardly  disturbed  her  distant  colonies  in  America.     The 
freedom  in  causcs  whicli  in  the  former  were  producing  anarchy, 
uieuca.    ^j^.^^^i^y^  revolution  and-  bloodshed,  were  in  the  latter 
developing  new  features  in  civilized  society,  opening 
the  resources  of  a  strange  land,  establishing  the  insti- 
tutions of  freedom  and  religion  on  a  purer  and  more 
enduring  basis,  and  producing  the  richer  fruits  of  law, 
order,  and  good  government.     This,  if  we  may  so  ex- 
press it,  was  the  Americanism  of  protestantism,  and 
must  ever  make  protestantism  dear  to  all  true  Amer- 

The  res-      icans. 

toration  of      Oharlcs  II.  returned  to  London  and  took  possession 
archy^un-  of  the  throne  of  his  father  on  the  eighth  day  of  June, 
ir?660.*'"'l660.     The  commencement  of  his  reign  was  the  reac- 
tion of  monarchy  as  it  struggled  up  from  among  the 


THE   UNITED   STATES   OP   AMERICA.  263 

THE    COLONY    OF    MASSACHUSETTS    BAY.  PaRT    II- 

discordant  elements  whicli  had  disrobed  it  of  its  su- 
premacy, and  tarnished  the  lustre  of  its  diadem.     It 
inflicted  its  revenge  by  acts  of  injustice,  cruelty,  and 
wrong,  which  make  humanity  shudder  with  abhorrence. 
Not  only  the  living,  but  the  dead  also,  were  made  the  The  reac- 
objects  of  its  hideous  resentment.     The  judges  who  had  n\ona/chy 
condemned  Charles  I.  were   sentenced  to  a    terrible  upon  its 
retribution.     The  bodies  of  Cromwell  and  his  coadju-eEents. 
tors  were  plucked  from  their  graves  and  desecrated 
with  a  refinement  of  malice  at  the  manifestations  of 
which  even  demons  might  stand  dismayed.     Mournful 
indeed  was  the  ordeal  through  which  his  kingdom  was 
compelled  to  pass  before  the  numerous  factions  which 
had  convulsed  it  seem  to  have  subsided  under  Charles 
II.     The  political  as  well  as  the  religious  elements  of 
protestantism,  however,  continued  to  swell  the  ranks 
of  the  puritan  party,  which  was  still  kept  alive  by  the 
efforts  made  to  enforce  the  religion  and  the  ritual  of  the 
established  church,  and  to  reinstate  the  crown  in  full 
supremacy. 

The  colony  of  Massachusetts  Bay  had  admitted  nei-The  res- 
ther  the  prerogatives  claimed  for  the  crown,  nor  the  ^nTthe 
powers  assumed  by  parliament,  and  refused  to  yield  colonies  in 
obedience  to  the  mandates  of  the  commonwealth  and 
the  protectorate.     The  colony  of  Virginia,  as  we  haye 
elsewhere  observed,  though  it  surrendered  to  the  com- 
missioners of  the  commonwealth,  nevertheless  virtually  Part  I. 
declared  itself  in  favor  of  the  regal  jx)wer  by  enact- 
ments condemnatory  of  the  execution  of  Charles  I. ; 
while  it  also  eagerly  hastened  to  tender  its  obeisance 
upon  the  restoration  of  the  monarchy  in  the  person  of 
Charles  II.     His  government  over  them  would   have 
been   of    an   arbitrary  and   oppressive   character   had 
they  not  grown  to  a  degree  of  strength  which  enabled 
them  to  defeat  the  encroachments  attempted  upon  their 
rights  and  independence.     The  ready  loyalty  of  Vir- 
ginia was  rewarded  by  many  acts  of  favoritism,  while 
the  colony  of  Massachusetts  Bay  was  pursued  with  a 


264  THE   GOVERNMENTAL   HISTORY   OF 

Part  II.  new  kngland. 

Under       Spirit  of  unrelenting   hostility.     Three  of  the  judges 
from  I660' ^^^*-*  sat  in  judgment  over  Charles  I.,  fled  to  New  Eng- 
to  1686.     land,  and  were  there  shielded  from  the  royal  resent- 
ment, which  drew  towards  those  colonies  the  fierce  in- 
dignation of  the  crown.     Besides  this  the  commercial 
regulations  established  by  what  were  called  the  naviga- 
*  See  Part  tion  acts*  met  with  a  resolute  resistance  and  evasion  in 
Berkeley's  the  colony  of  Massachusetts  Bay,  and  drew  from  its 
report.       general  court,  from  time  to  time,  protests,  resolutions, 
and  remonstrances,  in  which  they  set  forth  and  vindi- 
cated, ably  and  effectively,  their  own  rights,  and  pre- 
scribed limits  beyond  which  neither  the  power  of  the 
crown,  or  the  interference  of  parliament,  could  be  tol- 
erated. 
Board  of        These  spirited  exhibitions  of  political  independence 
sionera^'ap-  '^^rc  regarded  as  indicating  a  disposition  to  throw  off 
pointed  by  entirely  their  allegiance  to  the  sovereignty  of  the  parent 
1664.       '  state  ;  and  a  board  of  commissioners  was  appointed  to 
examine  into  and  regulate  their  affairs.    The  presence  of 
these  commissioners  among  them  was  hardly  respected. 
How         and  their  authority  was  wholly  set  at  nought  by  the  gen- 
Mas^Bay  ^^'^^  court  of  the  colony,  while  they  still  hesitated  not  to 
avow  their  allegiance  to  their  sovereign  lord  the  king. 
While  they  thus  maintained  with  a  determinate  and  per- 
sistent consistency  the  liberties  which  they  had  acquired 
by  so  much  suffering  and  self-sacrifice,  there  was  still  in 
the  noble  hearts  of  our  puritan  fathers  a  degree  of  loyalty 
which  well  deserved  the  admiration  and  sympathy  of 
the  crown.     These  characteristics  are  beautifully  and 
Their  ap-    effectively  pourtrayed  in  their  simple  and  touching  ap- 
the  com™  peal  from  the  arbitrary  proceedings  of  the  king's  com- 
missioners missioners,  remonstrating  against  their  interference  in 
crown.       the  affairs  of  the  colony,  wherein  they  conclude—"  let 
our  government  live  ;  our  charter  live  ;  our  magistrates 
live ;  our  laws  and  liberties  live ;  our  religious  enjoy- 
ments live  ;  so  shall  we  all  yet  have  further  cause  to 
say  from  our  hearts,  let  the  king-  live  forever.^' 

How  far  it   may  have  originated  in  the  licentious 


THE   UNITED   STATES   OP  AMERICA.  265 

TIIK    COLONY    OF    MASSACHUSETTS    BAY.  TaRT    II. 

spirit  of  the  age  we  leave  for  casuists  and  physiologists  Uiuier 
to  determine,  but  it  is  a  singular  fact  in  connection  V!.''"!''^lf J^"' 

iuOU-OO. 

with  the  progress  of  freedom  in  England  and  America, 

that  at  about  this  time  the  plague  made  its  appearance  The  plague 

and  its  fearful  ravages  in  London.     This,  together  with',''^r"'^*^*^'^' 

"  '        "  1005, 

the  great  fire  which  broke  out  the  next  year,  laying 
nearly  the  whole  city  in  ruins,  again  diverted  the  atten- 
tion of  the  crown  and  its  commissioners  from  its  colo- 
nies in  America,  and  left  them  in  the  unrestrained  en- 
joyment of  their  charters,  and  their  liberties ;  while 
they  tended  also  to  promote  the  interests  and  increase 
the  strength  of  puritanism  in  England. 

"One  great  benefit  the  plague  brought  to  the  city,"  Effect  of 
(of  London),  says  the  Rev.  Richard  Baxter,  who  lived  in  ^^\fl^f 
the  midst  of  it,  "  it  occasioned  the  silenced  ministers  progress  of 
more  openly  and  laboriously  to  preach  the  gospel,  to  the  reuUous 
exceeding  comfort  and  profit  of  the  people,  insomuch  ^i'^^'^'^y- 
that  to  this  day  the  freedom  of  preaching-,  which  this 
occasioned,  cannot  by  the  daily  guards  of  soldiers  nor 
by  the  imprisonment  of  multitudes  be  restrained.  The 
ministers  that  were  silenced  for  non-conformity,  had 
ever  since  1662  done  their  work  very  privately  and  to 
a  few ;  not  so  much  through  their  timorousness,  as  their 
loathness  to  offend  the  king,  and  in  hope  that  their  for- 
bearance might  procure  them  some  liberty,  and  through 
some  timorousness  of  the  people  that  would  hear  them. 
When  the  plague  grew  hot,  most  of  the  conformable 
ministers  fled,  and  left  their  flocks  in  the  time  of  their 
extremity ;  whereupon  divers  non-conformists,  pitying 
the  dying  and  distressed  people,  who  had  none  to  call 
the  impenitent  to  repentance,  or  to  help  men  to  prepare 
for  another  world,  or  to  comfort  them  in  their  terrors, 
when  about  ten  thousand  died  in  a  week,  resolved  that 
no  obedience  to  laws  of  mortal  men  whatsoever,  could 
justify  them  in  neglecting  men's  souls  and  bodies  in 
such  extremities.  They,  therefore,  resolved  to  stay  with 
the  people,  and  to  go  into  the  forsaken  pulpits,  though 
prohibited,  and  to  preach  to  the  poor  people  before  they 


266  THE   GOVERNMENTAL  HISTORY  OF 

Part  II.  new  England. 

Under  died  ;  also  to  visit  the  sick  and  get  what  rehef  they 
1660-85^^ '  could  for  the  destitute,  especially  those  that  were  shut 
up.  Often  those  heard  them  one  day,  who  were  sick 
the  next,  and  quickly  dead.  The  face  of  death  did  so 
waken  both  the  preachers  and  the  hearers,  that  preach- 
ers exceeded  themselves  in  lively,  fervent  preaching, 
and  the  people  crowded  constantly  to  hear  them.  All 
was  done  with  great  seriousness,  so  that,  through  the 
blessing  of  God,  abundance  were  converted  from  their 
carelessness,  impenitency,  and  youthful  lusts  and  vani- 
ties ;  and  religion  took  such  hold  on  many  hearts,  as 
could  never  afterwards  be  loosened." 
The  great  And  speaking  also  of  the  gi'eat  fire  in  London,  the 
London  same  writer  says : — "  thus  was  the  best  and  one  of  the 
1666.  fairest  cities  in  the  world  turned  into  ashes  and  ruins 
in  three  days'  space,  with  many  scores  of  churches,  and 
the  wealth  and  necessaries  of  the  inhabitants.  It  was 
a  sight  which  might  have  given  any  man  a  lively  sense 
of  the  vanity  of  this  world,  and  of  all  its  wealth  and 
glory,  and  of  the  future  conflagration,  to  see  the  flames 
mount  towards  heaven,  and  proceed  so  furiously  with- 
out restraint ;  to  see  the  streets  filled  with  people,  so 
astonished  that  many  had  scarcely  sense  left  them  to 
lament  their  own  calamity  ;  to  see  the  fields  filled  with 
heaps  of  goods,  costly  furniture,  and  household  stuff, 
while  sumptuous  buildings,  warehouses,  and  furnished 
shops,  and  libraries,  &c.,  were  all  on  flames,  and  none 
durst  come  near  to  secure  anything.  To  see  the  king 
and  nobles  ride  about  the  streets,  beholding  all  these 
desolations,  and  none  could  afford  the  least  relief;  to 
see  the  air,  as  far  as  could  be  beheld,  so  filled  with  the 
smoke,  that  the  sun  sinned  through  it  with  a  color  like 
blood,  yea  even  when  it  was  setting  in  the  west,  it  so 
appeared  to  them  that  dwelt  on  the  west  side  of  the 
city.  But  the  dolcfuUest  sight  of  all  was  afterwards, 
to  see  what  a  ruinous,  confused  place  the  city  was,  by 
chimneys  and  steeples  only  standing  in  the  midst  of 
cellars   and  heaps  of  rubbish,  so  that  it  was  hard  to 


THE   UNITED   STATES   OP   AMERICA.  26T 

THE    COLONT    OP    MASSACHUSETTS    BAY.  PaRT    II. 

know  where  the  streets  had  been,  and  dangerous  for  a^^ndor 
long  time  to  pass  through  the  ruins,  because  of  vaults  ioou-85.  ' 
and  fire  in  them.     No  man  that  seetli  not  such  a  thing 
can   have   a  right   apprehension  of  the   dreadfulness 
of  it." 

"  Some  good,  however,  rose  out  of  all  these  evils.  Effect  of 

the  "Teat 

The  churches  being  burnt,  and  the  parish  ministers  fire  'on  the 
gone  for  want  of    places  and  maintenance,  the  iioii-e[v"if  a^lid'*^ 
conformists  were  more  resolved  than  ever  to  preach  rehgious 
till  they  were  imprisoned.      All  kept  their  meetings  ^  ^'^  ^' 
very  openly,  and  prepared  large  rooms,  and  some  of 
them  plain  chapels,  with  pulpits,  seats  and  galleries,  for 
the  reception  of  as  many  as  could  come.     The  people's 
necessity  was  now  unquestionable.     They  had  none 
other  to  hear,  save  in  a  few  churches  that  would  hold 
no  considerable  part  of  them ;  so  that  to  forbid  them 
to  hear  the  non-conformists,  was  all  one  as  to  forbid 
them  all  public  worship,  to  forbid  them  to  seek  heaven 
when  they  had  lost  almost  all  that  they  had  on  earth, 
to  take  from  them  their  spiritual  comforts  after  all  their 
outward  comforts  were    gone.     They  thought   this  a 
species  of  cruelty  so  barbarous,  as  to  be  unbecoming 
any  man  who  would  not  own  himself  to  be  a  devil. 
But  all  this  little  moved  the  ruling  prelates,  saving  that 
shame  restrained  them  from  imprisoning  the  preachers 
so  hotly  and  forwardly  as  before.     The  Independents 
also  set  up  their  meetings  more  openly  than  formerly, 
and  many,  who  were  their  leaders,  came  to  the  city ; 
so  that  many  of  the  citizens  went  to  those  meetings 
called  private,  more  than  went  to  the  public  parish 
churches. 

"  At  the  same  time  it  also  happily  so  fell  out  that  the  *  Orme's 
parish  churches  which  were  left  standing  had  the  best  Timcs^of 
and  ablest  conformists  in  them.     So  that  the  moderate  Richard 
class  of  the  citizens  heard  either  sort  in  public  and  pri-voi.  i.' 
vate  indifferently :  *     While  those  on  one  extreme  re- 
proached all  men's  preaching  save  their  own  as  being 
seditious  conventicles  ;  and  those  on  the  other  extreme  * 


268  THE  GOVERNMENTAL   HISTORY   OP 

' x^ . 

Part  II.  new  England. 

Under       would  hear  none  that  did  conform ;  or  if  any  lieard 

Charles  II.,    ,  ,  ,  ^  j 

1060-85.  them,  they  would  not  join  in  the  common  prayers  or 
the  sacraments. — About  this  time  the  talk  of  liberty 
of  conscience  was  renewed,  whereupon  many  wrote 
for  it." 

"  The  ministers  of  London  who  had  returned  to  keep 

open  meetings  in  their  houses,  and  preached  to  great 

numbers  contrary  to  the  law,  were,  by  the  king's  favor, 

connived  at ;  so  that  the  people  went  openly  to  hear 

them  without  fear.     Some  imputed  this  to  the  king's 

own  inclination  to  liberty  of  conscience  ;  some  to  the 

Duke  of  Buckingham's  prevalency,  and  some  to  the 

papists'  influence,  who  were  for  liberty  of  conscience 

for  their  own  interest.     But  others  thought  that  the 

papists  were  really  against  liberty  of  conscience,  and 

Effect  of    did  rather  desire  that  the  utmost  severities  might  ruin 

fire  on  the  the  puritaiis,  and  cause  discontents  and  divisions  among 

progress  of  Q^j.ggj^^Qg  ^j^jj  ^g  j^g^^  broken  one  another  all  into  pieces, 

civil  and  '  ,  ^  ' 

religious  and  turned  all  into  such  confusion  as  might  advantage 
^^  ^'  them  to  play  a  more  successful  game  than  ever  tolera- 
tion was  likely  to  be.  Whatever  was  the  secret  cause, 
it  is  evident  that  the  great  visible  cause,  was  the  burn- 
ing of  London,  and  the  want  of  churches  for  the  peo- 
ple to  meet ;  it  being,  at  the  first,  a  thing  too  gross, 
to  forbid  an  undone  people  all  public  worship  with  too 
great  rigor ;  and  if  they  had  been  so  forbidden,  pov- 
erty had  left  them  so  little  to  lose  as  would  have  made 
them  desperately  go  on." 

"  Whatever  was  the  cause  of  the  connivance,  it  is  cer- 
tain that  the  country  ministers  were  so  much  encour- 
aged by  the  boldness  and  liberty  of  those  of  London, 
that  they  did  the  like  in  most  parts  of  England,  and 
crowds  of  the  most  religiously  inclined  people  were 
their  hearers.  Some  few  got,  in  the  way  of  traveling, 
into  pulpits  where  they  were  not  known,  and  the  next 
day  went  away  to  another  place.  This,  especially  with 
the  great  discontents  of  the  people  for  their  manifold 
payments ;  and  of  cities  and  corporations  for  the  great 


THE   UNITED    STATES   OF   AMERICA.  2G9 

THE    COLONY    OF    MASSACHUSETTS    B4Y.  pART    II. 

decay  of   trade,  and  breaking  and  impoverishing  of  t^"Jer 
many  thousands  by  the  burning  of  the  city ;  together  itseu-ss.  ' 
with  the  lamentable  weakness  and  badness  of  great  num- 
bers of  the  ministers  that  were  put  in  the  non-conform- 
ists' places,  did  turn  the  hearts  of  most  of  the  common  *  Orme's 
people,  in  all  parts,  against  the  bishops  and  their  ways,  Thnes^f 
and  inclined  them  to  the  non-conformists,  though  fear  Richard 

Baxter 

restrained  them  from  speaking  what  they  thought,  espe-  voi  I. ' 
cially  the  richer  sort."  * 

Thus  we  see  how  the  elements  of  freedom  embraced 
in  the  protestantism  of  the  puritans  were  at  work,  infus- 
ing its  principles  of  toleration  and  of  philanthropy  into 
the  minds,  and  commending  them  to  the  hearts  of  the 
people.  Quieting  their  discontents  and  soothing  their 
distresses,  and  thus  relieving  the  nation  from  the  out- 
breaks which  might  otherwise  have  resulted  from  their 
losses  and  poverty.  Thus,  too,  the  necessities  brought 
upon  the  mother  country  by  these  terrible  calamities,  the 
plague  and  the  fire,  saved  the  colonies  in  America  from 
any  troublesome  interference  with  their  progress,  and  left 
them  for  awhile  at  least  to  a  more  independent  growth. 

Soon  after  the  close  of  the  Indian  wars  in  New  Eng- 
land, the  controversy  between  the  colonies  and  the 
crown,  originated  in  the  navigation  acts,  which  more  or 
less  excited  hostility  from  the  time  of  their  first  pro- 
mulgation, was  again  revived.  These  acts  were  osten- 
sibly designed  to  regulate  the  commerce  between  the 
mother  country  and  her  settlements  in  America,  while  The  navi- 
at  the  same  time  they  served  indirectly  to  increase  the  ^^^jjassa-*^ 
revenues  of  the  kingdom.  They  were  more  particularly  chusetts 
offensive  to  the  New  England  people  because  of  the 
immense  trade  which  was  carried  on  between  them  and 
the  ports  of  Great  Britain.  The  Colony  of  Massachu- 
setts Bay,  whose  ports,  Boston  and  Salem,  contained 
the  most  prominent  commercial  establishments,  and 
were  the  chief  emporium  of  trade  in  New  England, 
manifested  the  most  spirited  hostility  to  these  acts. 
She  claimed  by  popular  protestations  and  in  her  legis- 


270  -  THE   GOVERNMENTAL   HISTORY   OP 

Part  II.  new  England. 

Under  lative  assemblies,  that  they  not  only  embarrassed  her 
1660-85  'trade  and  crippled  the  enterprise  of  her  people,  but 
also  insisted  that  the  burdens  they  imposed  were  unlaw- 
ful, being  prescribed  by  a  legislative  body  in  whose 
enactments  her  people  had  no  participation,  inasmuch 
as  they  were  not  represented  in  parliament. 
Represent-  That  the  right  of  imposing  taxes  or  burdens  of  any 
taxation.  ■'^"^^  upou  a  pcoplc  caunot  be  exercised  in  any  legislative 
body,  or  by  any  government,  without  their  consent, 
given  in  person  or  by  their  representatives,  is  an  axiom 
of  freedom  which  may  have  been  found  in  old  record 
books,  or  blind  parchments,  at  an  earlier  date  than 
this ;  but  its  practical  development  and  the  full  eluci- 
dation of  its  justice  and  equity  are  pre-eminently 
American.  In  some  of  its  aspects  we  have  seen  it 
illustrated  in  the  controversy  between  the  governor 
and  council  and  the  house  of  burgesses  in  Virginia ; 
and  now  in  another  of  its  phases  we  find  it  the  subject 
of  a  spirited  controversy  between  the  people  of  New 
England  and  the  ruling  powers  at  home.  It  was  but 
the  germ,  however,  whose  growth  was  to  be  the  pre- 
cursor of  a  more  vigorous  conflict  thereafter,  although 
The  char-  its  development  now  resulted  onlv  in  the  declaration 

ter  de- 

ciared       that  the  charter  of  Massachusetts  Bay  was  again  for- 

forfeited.     feited. 

Acces-  Charles  II.  died  in  the  year  1685,  and  was  succeeded 

James  II.  ^J  J^mcs  II.,  wlio  manifested  a  like  hostility  to  the 
1685.         spirit  of  freedom  and  independence  which  was  devel- 
oping itself  in  various  ways  in  the  colonial  governments 
in  America,  and  especially  in  New  England.     He  estab- 
Hiscolo-    lished  over  them  a  court  of  commissioners  consisting 

nial  policy. 

of  a  governor  and  council,  at  the  head  of  which  was 

Sir  Edmund  Andros,  a  man  second  only  to  the  king 

Sir  Etl-       himself  in  his  personal  ambition  and  in  the  arbitrary 

dros  ap-     cxcrcisc  of  powcr.     He  arrived  in  Boston  in  December, 

pointed      1686,  and  at  once   assumed  the  reins  of  government 

governor.  '  •  " 

over  the  whole  of  New  England,  under  the  title  of 
governor  general   of    the   colonies.      He   proclaimed 


THE   UNITED    STATES   OF  AMERICA.  .  271 

THE    COLONY    OF    MASSACIIUSKTTS    BAY.  PaRT    II. 

tlicir  governments  all  dissolved,  demanded  the    sur- Under 
render   of   their  charters,  and  proceeded   to  exercise '{'"g|^^^3' 
over  them  the  prerogatives  of  kingly  power. 

But  tlie  time  had  gone  by  when  the  mere  edict  of  The  value 
the   crown,  or  the  ex  parte  judgment  of  a  court  i^  attached  to 
England,  or  the  presence  of  royalty  in  the  person  oftersbythe 
Sir  Edmond  Andros  even,  decreeing  the  nullity  of  a^^°^*^^' 
colonial  charter,  could  operate  with  any  permanent  or 
essential  force  in  America.     Though  the  charters  of  the 
colonies  generally  were  the  ostensible  basis  of  their 
respective  governments  and  forms  of  administration, 
yet  their  existence  was  not  by  any  means  necessary  to 
support  the  superstructure  which  had  been  raised  over 
them.     All  that  was  essential  to  the  freedom  which 
they  had  acquired,  whether  political  or  religious,  was 
their  own  ordinances  and  enactments  made  without 
any  special  reference  to,  and  in  many  instances  entirely 
in  conflict  with,  the  provisions  of  their  charters.     In- 
deed, their  own  independent  action  was  in  reality  the 
foundation    of    all    their   free   laws   and   institutions, 
although  it  may  have  purported  in  some  instances  to 
have  been  grounded  on  the  dead  letter  of  their  patents 
from  the  crown. 

The  issue  of  this  struggle  for  their  rights  was  so  character 
colored  by  the  condition  of  things  in  the  parent  state,  ^^^^ y^ign 
that  we  must  glance  for  a  moment  at  the  reign  of  II. 
James  II.,  in  order  to  trace  the  causes  which  gave  to 
the  controversy  its  beneficent  results.     That  reign  was 
not  of  long  duration.     James  became  at  once  on  his 
accession  to  the  throne  involved  in  a  fearful  conflict 
with  lus  subjects  at  home,  by  the  arbitrary  and  oppres- 
sive use  of  his  prerogatives,  and  his  attempt  to  re-estab-ScePARTl. 
lish  the  power  of  Romanism  in  his  kingdom.     He  sent  He  at- 
an  ambassador  to  Rome,  and  in  turn  the  pope  sent  a*'''"^'*'*? 

i-    I  restore  the 

nuncio  to  the  court  of  Saini  James.     The  nuncio  waspo^^^rof 
received  publicly  by  the  king,  and  welcomed  and  enter- ^°°'''°''°'" 
tained  at  his  court,  with  the  mostimpo.'^ing  and  pompous 
displays  of  royal  favor.     James  united  in  the  celebra- 


272  ,  THE   GOVERNMENTAL   HISTORY   OF 

Part  II.  new  England. 

Papal  pro-tion  of  high  mass,  he  disregarded  the   authority  of 
chvities  of  parliament,  and  to  crown  all,  he  erected  an  ecclesias- 
^'         tical  court   of    commissioners,    and   invested    it  with 
supreme  power    over  the   established    church.      This 
course  of  conduct  awakened  the  most  lively  apprehen- 
sions of  the  nation,  and  arrayed  against  his  administra- 
tion, so  to  speak,  all  classes  of  protestants.     It  involved 
the  kingdom  of  Great  Britain  in  the  most  terrible  civil 
commotion  that  had  yet  threatened  the  stability  of  the 
throne.     The  result  was  what  has  been  aptly  termed 
The  Revo- the  Revolution  in  England.     In  the   civil  war  which 
1688.        he  brooded,  the  king  was  abandoned  both  by  the  army 
and  the  people,  and  in  his  extremity  he  fled  to  France. 
Flight  and  Parliament  declared  his  flight  to  be  an  abdication  of 

abdication  t      i  i  i 

oftheking.  his  crowu,  and  that  the  throne  was  thereby  vacated. 
William  and  Mary,  prince  and  princess  of  Orange, 
were  accordingly  invested  with  the  sovereignty,  were 
The  sue-  declared  king  and  queen  of  Great  Britain,  and  the 
established  succcssion  was  established  in  their  line  by  act  of  par- 
^y  1^^-      liament,  by  Law. 

Nature  and     This  revolution  was  in   fact  a  conflict  between  the 
conflict  '^supremacy  of  protestantism,  law,  and    liberty,  on  the 
one  side ;    and  the    divine  right  of  the  king  and  the 
supremacy  of  the  pope   on  the  other.     The  result  was 
a  more  full    and    triumphant    development   of   those 
political   elements     in    protestantism   which    conserve 
freedom  than  had  yet  been  known  in  the  progress  of 
the  reformation  in  England.      It  had  been  reserved,  as 
we  have  seen,  for  the  colonies  planted  in  America  first 
practically  to  promulgate  the  political  axiom  that  in  a 
free   government   the  people   are    the  trne   and,  only 
source  of  power.     In  the  triumph  of  this  same  princi- 
ple in  the  mother  country,  who    shall  say  how  much 
Tlic  will  of '^as  due  to  the  reactive  influence  of  their  example,  and 
the  poopie  the  forcible  illustrations  which  they  had   given  of  its 

recognized  "^  „     .-, 

as  an  eic-  beneficent  operation  ?  Henceforth  the  will  oi  mc 
8ovcreT"n-  pf^^^pl^  bccamc  a  component  element  in  the  crown's 
ty.  title  to  sovereignty,  and  the  kingdom  of  Great    Britain 


THE   UNITED    STATES   OF   AMERICA.  273 

THE    COLONY    OF    MASSACHUSETTS    BAY.  PaKT    II. 

rejoiced  under  a  free  constitution  and  a  popular  sov- 
ereignly. The  establishment  of  it  healed  her  own 
political  maladies,  while  it  also  allayed  many  of  the 
sources  of  jealousy  and  hostility  which  had  hitherto 
agitated  her  colonies  in  America,  and  tended  to  estab- 
lish on  a  more  enduring  basis  the  extensive  commercial 
relations  which  had  grown  up  between  the  two  coun- 
tries, and  which  thenceforth  rapidly  promoted  tlie  pros- 
perity of  both. 

The  intelligence  of  the  English  revolution  was  re- The  Revo- 
ceived  by  the  people  in  the  colony  of  Massachusetts  rerranied'iu 
Bay  with  open  demonstrations  of  joy,  and  revived  the  ^^'^'^^-  ^^y- 
hope  that  their  ancient  charter  might  be  again  restored 
to  them.     Catching  the  inspiration  of  that  spirit  which 
had  thus  revolutionized  the  parent  state,  and  obliter- 
ated  the   authority  of  James  II.,  the  people  of  the 
colony   took    up.  their    arms,    deposed    Sir    Edmond 
Andros  and  his  council,  sent  them  back  to  England, 
and  re-established  their  own  governor  and  council  in 
the  exercise  of  the  authority  and  jDowers  which  they 
had  formerly  claimed  under  their  charter.     The  crown 
assented  to  the  exercise  of  these  forms  of  government 
until  such  time  as  it  should  provide  a  new  charter. 
This  was  issued  in  the  year  1691.     Under  it  the  col-  The  colony 
ony  was  incorporated   as  a  royal  province,  and  con- ["d under'a 
tinned  to  be  known  as  such  until  after  the  American  '^^"^  ^'^^'^- 
Eevolution.  ' 

The   principal    features    wherein    the    government 
under  this  charter  differed  from  that  under  the  former, 
will  be  more  particularly  noticed  in  the  third  part  of 
this  work.     The  colony  now  included  within  its  terri- Precincts 
torial  limits— "all  the  old  colony  of  Massachusetts  Bay,  °||^!';fj^^''^''^^- 
the  colony  of  New  Plymouth,  the  province  of  Maine,  the  new 
the  territory  called  Acadia  or  Nova  Scotia,  and  all  the 
islands  lying  between  Nova  Scotia  and  Maine,  under 
the  name  of  The  Pbovince  of  Massachusetts  Bay  in  *3rarshaii'8 
New  England."*  ^•''°'^'''- 

18 


274  THE  GOVERNMENTAL  HISTORY   OF 

Part  II.  new  exgland. 

Connecticut  and  New  Haven. 

These  colonies  are  next  in  order  in  the  progress  of 

Quohnetta-  our  history.     This  territory,  now  comprehended  within 

Long  Riv-  the  limits  of  the  State  of  Connecticut,  was  originally 

*'■•  conveyed  by  the  Grand  Council  of  Plymouth  to  the 

^Marshall's  then  Earl  of  Warwick,  in  the  year  1630.*     This  grant 

Co  omes.    f^.^^-^^  ^j^q  company  was  confirmed  to  the  grantee  by  a 

patent  from  Charles  I.,  and  was  subsequently  conveyed 

by  the  Earl  to  Lord  Sey  and  Scale,  Lord  Brooke  and 

others,  in  1631.     In  1632  these  patentees  sent  out  an 

expedition  to  explore  the  coast  and  the  interior  of  the 

country,  which  penetrated  the  Connecticut  river  as  far 

xvp  as  the  present  town  of  Windsor,  but  it  does  not 

appear  that  they  made  any  efficient  arrangements  for  a 

settlement  of  the  country. 

What  were   called  forts,  or  trading   stations,  were 
established   by  adventurers   from   New   Plymouth,  at 
Windsor;   and  by  the  Dutch  from   New  Amsterdam, 
now  New  York,  at  the  confluence  of  the  "little  river" 
with  the  Connecticut,  now  called  "Dutch   point,"  at 
Hartford,  early  in  the  year  1633. 
The  trad-       In  1635  ouc  of  these  trading  stations  was  planted 
Gov.^Win-  on  the  west   bank  of  the   Connecticut  river,  near  its 
throp  on    niouth,  Under  a  commission  to  John  Winthrop,  a  son 
ticut,  1635.  of  the  governor  of  Massachusetts  Bay,  as  follows: 
*iHaz-         *  Articles  made  between  the  right- honorable  the 
Palier?**^  Lord  Viscount  Say  and  Scale,  Sir   Arthur  Hasselrig, 
395-6.'      baronet;  Sir  Richard  Saltonstall,  knight;  Henry  Law- 
rence; Henry  Darloy;  and  George  Fenwick,  Esqs.,  on 
the  one  part;  and  John  Winthrop,  Esq.,  the  younger, 
of  the  other,  the  seventh  of  July,  1635. 
Compact        First.     That  we  in  our  names,  and  the  rest  of  the 
Jno^  Win-  Company,  do  by  these  presents  appoint  John  Winthrop 
throp,  Jr.,  the  younger,  governour  of  the  river  connetticote  in  New 
'  England,  and  of  the  harbour  and  places  adjoining,  for 
the  space  of  one  year  from  his  arrival  there — And  the 
said  John  Winthrop  doth  undertake  and  covenant  for 


THE   UNITED    STATES   OP   AMERICA.  275 

THE    COLONIKS    OF    CONNECTICUT    AND    NEW    HAVEN.  PaRT    II, 

his  part,  that  he  will  with  all  conveuient  speed  repair  Origin  of 
to  those  places,  and  there  abide  as  aforesaid  for  the  best  ofVo^nuec- 
advancement  of  the  company's  service.  *'^"*- 

Secondly.     That  so  soon  as  he  comes  to  The  Bay,  he  To  procure 
shall  endeavor  to  provide  able  men  to  the  number  of  j^y'out  the 
fifty  at  least,  for  making  of  fortifications  and  building  station. 
of  houses  at  the  river  connetticote,  and  the  harbour 
adjoining — first  for  their  own  present  accommodation, 
and  then  such  houses  as  may  receive  men  of  quality, 
which  latter  houses  we  would  have  to  be  builded  within 
the  fort. 

Thirdly.     That  he  shall  employ  those  men  according  To  super- 
to  his  best  ability  for  the  advancement  of  the  company's  uiJir  ercc- 
service,  especially  in  the  particulars  above  mentioned,  tion. 
during  the  time  of  his  government,  and  shall  also  give 
a  true  and  just  account  of  all  the  monies  and  goods 
committed  to  his  managing. 

Fourthly.     That  for  such  as  shall  plant  there  now,  in  Location 
the  beginning,  he  shall  take  care  that  they  plant  them-  ^^  *  ^      ' 
selves  either  at  the  harbour,  or  near  the  mouth  of  the 
river,  that  these  places  may  be  the  better  strengthened 
for  their  own  safety,  and  to  that  end  that  they  also  set 
down  in  such  bodies   together,  as  they  may  be  most 
capable  of  an  entrenchment,  provided  that   there  be  Proviso, 
reserved  unto  the  fort,  for  the  maintenance  of  it,  one 
thousand  or  fifteen  hundred  acres,  at  least,  of  ground, 
as  near  adjoining  thereunto  as  may  be. 

Fifthly.     That  for  as  much  as  this  service  will  take  His  com- 
him  off  from   his  own   employment,  the  company  do  P'^°®'^*'^°' 
engage  themselves  to  give  him  a  just  and  due  consider- 
ation for  the  same.     In  ivitness  ivhereof  we  have  inter- 
changably  hereunto  subscribed  our  names. 

W.  Sey  and  Seale,  Arthur  Hasselrig, 

Richard  Saltonstall,  George  Fenwick, 

Henry  Lawrence,  Henry  Darley. 


This  was  followed  by  a  more  formal  appointment  of 
Mr.  "Winthrop  to  the  ofiice  of  governor  of  the  river 


276  THE   GOVERNMENTAL    HISTORY   OP 

Part  II,  new  England. 

Origin  of  Connecticut,  with  the  places  adjoining  thereunto — 
ofVoimec- "  giviiig  liii^i  fi'oi^  ^^^d  under  us,  full  power  and  authori- 
ticut.  ly  iq  ([q  and  execute  any  such  lawful  act,  and  thing, 
both  in  respect  of  the  place  and  people,  as  also 
of  the  affaires  we  have  or  shall  have  there,  as  to  the 
dignity  of  office  of  a  governour  doth  or  may  apper- 
taine," 

Mr.  Winthrop  arrived  in  Boston  on  the  eighth  day 
of  October  following  the  date  of  his  commission,  and 
being  informed  that  the  Dutch  from  the  New  Nether- 
The  adven- lands  were  about  to  take  possession  of  the  same  region, 
Jno.  Win-  he  immediately  dispatched  "  a  barque  of  thirty  tons, 
throp,  Jr.,  and  about  twenty  men,  with  all  needful  provisions  to 
*  Journal  take  posscssion  of  it,  and  to  begin  some  buildings," 
of  ti^Ei-  ii^yg  anticipating  and  preventing  its  occupancy  by  the 
throp.        Dutch.* 

It  is  evident  from  the  articles  under  which  Mr.  Win- 
throp came  to  America  that  the  object  of  liis  enterprise 
was,  mainly,  to  establish  an  opening  for  a  more  extend- 
ed commercial  adventure;  and  although  he  was  in- 
structed to  make  "such  houses  as  might  receive  men 
of  quality,"  he  was  not  furnished  either  with  the  neces- 
sary materials,  or  other  appliances  for  the  purpose,  nor 
was  he  accompanied  by  any  such  adventurers. 

The  place  continued  to  be  occupied  as  a  trading  sta- 
tion or  fort,  for  a  few  years,  wlien  it  was  reinforced  by 
Planting    the  arrival  of  Col.  George  Fen  wick  with  a  number  of 
Brooke  by  families  from  England.     Col.  Fenwick  elevated  it  to  the 
Col.  Fen-    rank  and  dignity  of  a  town,  under  the  name  of  Sey- 
See  HoHis-  Brooko,  a  name  given   to  it  in  honor  of  his  patrons 
ter'sCon-   Lord  Sey  and  Scale  and  Lord  Brooke.     He  established 
the  first  civil  administration  over  it,  under  which  it  con- 
tinued until  it  was  brought  under  the  government  of 
the  colony  of  Connecticut. 

The  points  for  establishing  these  various  forts,  or  trad- 
ing stations,  were  generally  selected  with   a   view  to 
traffic,  and  they  were  consequently  well  chosen,  and 
stations      scrvcd  aftcrwards  to  designate  the  most  favorable  locali- 


THE   UNITED    STATES    OF   AMERICA.    /  277 


THE    COLONIES    OF    CONNECTICUT    AND    NEW    HAVEN.  PaRT    II. 

ties  for  future  adventurers.     They  were  not  usually  Origin  of 
under  any  particular  civil  supervision,  and  historical  y|"(j^"'""^ 
verity  does  not  warrant  us  to  refer  the  planting  of  Con-ticut. 
necticut,  or  New  Haven,  or  any  other  of  the  New  Eng- 
land settlements  which  sprung  into  existence  after  New 
Plymouth  and  Massachusetts  Bay,  to  any  of  these  trad- 
ing adventures.     True,  these  in  some  instances  laid  the 
basis  and  formed  the  rude  outlines  of  different  planta- 
tions, but  their  more  permanent  and  profitable  occu- 
pancy is  attributable  to  far  other  sources,  and  to  such 
causes  as  have  aided  in  giving  to  their  institutions  and  Causes  of 
their  communities  their  essential  and  peculiar  charac- 1^^^^^ "^^' 
teristics  of  freedom  and  independence. 

We  have  elsewhere  taken  occasion  to  observe  how,  in 
the  earlier  settlements  made  in  New  England,  the  polit- 
ical and  religious  notions  of  those  who  came  to  these 
shores,  took  both  their  complexion  and  their  shape  from 
the  state  of  the  kingdom  at  the  time  they  left  England. 
In  watching  the  progress  of  the  protestant  element  in 
the  reformation,  we  have  already  noted  how  gradually 
its  free  principles  were  unfolded  and  took  possession  of  r™*^''*^^*" 

•     1         o       i       Ti  T  '^™  among 

the  common  mind,  feo  tardily  under  one  administra-  the  puri- 
tion,  and  then  again  so  rapidly  and  so  variously  under  5^t°^ '^^  . 
another,  were  they  developed,  that  the  emigrant  or  the  ^■'^^^^ 
exile  who  left  the  mother  country  in  1635,  comprehend- 
ed more  fully  their  political  tendencies,  or  was  more 
under  the  influence  of  their  wilder  vagaries,  than  the 
emigrant  or  the  exile  of  1620,  or  even  the  emigrant  or 
the  exile  of  1630,  while  neither,  before  his  arrival,  knew 
anything  of  the  juster  developments,  or  the  more  en- 
during phases  they  were  assuming  in  America.  Hence 
it  happened,  as  these  settlements  extended,  and  addi- 
tions were  from  time  to  time  made  to  their  numbers 
from  the  ranks  of  the  proscribed  and  the  persecuted  in 
England,  that  differences  of  sect  or  sentiment,  in  mat- 
ters of  religion  more  particularly,  prevailed  among 
them.  In  these  diversities  of  religious  opinions  in  the 
colonies  originated  the  various  settlements   made  in 


278  THE   GOVERNMENTAL   HISTORY   OP 

Part  II.  new  England. 

Origin  of    New  England,  after  the  planting  of  New  Plymouth  and 
of  Counec-  Massachusetts  Bay.     We  need  but  to  glance  over  the , 
ticut.         private  journal  of  the  elder  John   Winthrop,  which 
runs  through  a  period  of  about  twenty  years,  to  be  sat- 
isfied of  this  fact.     At  about  the  time  of  which  I  am 
writing,  the  general  court  of  Massachusetts  Bay  held 
quite  a  protracted  session  in  which  scarcely  any  other 
subjects  were  introduced  than  such  as  related  to  these 
differences  in  matters  of  religion.     *'Mr.  Wilson,"  says 
the  governor,  "made  a  very  sad  speech  of  the  condi- 
tion of  our  churches  and  the  invoidable  danger  of  sepa- 
ration, if  those  differences  and  alienations  among  breth- 
ren were  not  speedily  remedied;  and  laid  the  blame 
upon  those  new  opinions  risen  up  among  us;  which  all 
the  magistrates,  except  the  governour  and  two  others, 
and  all  the  ministers  but  two,  did  confirm." 
Religious        Such,  therefore,  I  may  safely  affirm,  were  the  causes 
in  Massa-    wliicli  gave  risc  to  these  various  settlements,  and  im- 
chusetts     parted  to  them  their  characteristic  qualities.     Feeble 
source  of    and  scattered  at  first,  it  is  true,  but  afterwards  frater- 
**•  nized,  either  of  their  own  inclination,  or  forced  to  it  by 

the  circumstances  which  surrounded   them   for  their 
better  protection,  into  some  general  plan  of  associated 
government.     From  this  they  ripened  at  length  into 
permanent   comljinations,  and  laid  the   foundation  of 
substantial  communities,  which  resulted  in  establishing 
the  colonies,  and  afterwards  the  states,  which  now  bear 
the  names  under  which  they  were  organized  by  the 
original  settlers.     The  settlement  of  Connecticut  forci- 
bly illustrates  this  position. 
Arrival  of       "On   the  fourth   day   of  September,   1633,   in   the 
Hooker      ship  Bird,  the   Rev.   Thomas   Hooker  and   the   Rev. 
ap^otiiers  Samuel  Stone,  with  about  sixty  laymen,  who  had  been 
Bay,  1(533.  proscribed  at  home  for  disregarding  the  acts  of  con- 
formity, arrived  in  Massachusetts  Bay,  and  were  duly 
admitted  to  the  freedom  of   the   company."*     They 
*Win-       planted   themselves  at  New-Towne,  now   Cambridge. 
Journal.     On  the  eleventh  day  of  October  in  the  same  year,  Mr. 


THE   UNITED   STATES   OP  AMERICA.  279 

TUE    COLONIES    OF    CONNECTICUT    AND    NEW    HAVEN.  PaRT   II. 

Hooker  was  chosen  pastor    of   the  church,  and  Mr.  Origin  of 
Stone    teacher,  in  that  phmtation.      Soon   after  this  ^j.'^^^^j^^^^y 
tlicy  were  drawn  into  controversies,  and  otherwise  dis- nccticut. 
turbcd,  liy  those  differences  of  opinion  to  which  I  have 
referred,  and  which  were  so  feehngly  alluded  to  by  Mr. 
Wilson  before  the  general  court.     Hence  they  became  Appiica- 
discontented  and  desirous  of  a  more  independent  settle-  jjooker 
ment  by  themselves.     They  accordingly  ap})licd  to  the  »"<!  others 
general  court  for  permission  to  change  their  location,  to  move 
The  matter  was  deliberated  for  some  time,  until  on  the^^  ^?^" 

'  uecticut. 

fourth  of  September,  in  the  next  year,  "the  general 
court,"  in  the  language  of  Gov.  Winthrop,  "began  at  Action  of 
New-Towne  and  continued  a  week,  and  then  was  ad- piai  Court 
journcd  eleven  days.     Many  things  were  there  agitated  thereon, 
and  concluded.     But  the  main  business  which  spent 
the  most  time,  and  caused  the  adjourning  of  the  court, 
was  the  removal  of  New-Towne :   They  had  leave  at 
the  last  general    court    to   look   out  some    place  for 
enlargement   or  removal,  with  promise  of  having  it 
confirmed  to  them  if  it  were  not  prejudicial  to  any 
other  plantation ;  and  now  they  moved  that  they  might 
have  leave  to  remove  to  Connetticote.     This  matter 
was  debated  divers  ways,  and  many  reasons  alledgcd  pro 
and  con. — Upon  these  and  other  arguments,  the  court 
being  divided,  it  was  put  to  vote,  and  of  the  deputies  The  appU- 
fifteen  were  for  their  departure,  and  ten    against  it.  ^^^^^ 
The  governour  and  two  assistants  were  for  it,  and  the 
deputy  governour  and  all  the  rest  of  the  assistants  were 
against  it,  except   the  secretary,  who  gave  no  vote. 
Whereupon  no  record  was  entered  because  there  were 
not  six  assistants  in  the  vote,  as  the  pattent  required." 

The  general  court  was  severely  agitated  by  this  dis- Effect  of 
cussion  and  the  result  which  followed  it.  Mr.  Hooker  ^-qu^"'^''' 
and  his  friends  were  not  at  all  pleased  with  it.  The 
incident  confirms  what  I  have  already  said  of  the  rapid 
development  of  the  liberal  elements  of  protestantism 
from  year  to  year  in  the  mother  country,  and  of  its 
influence  in  the  settling  of  New  England.     Those  who 


280  THE   GOVERNMENTAL    HISTORY   OP 

Part  II.  new  England. 

Origmof    Were  ROW  the  leading  men  of  Massachusetts  Bay  had 
0^0011-"^  come  over  in  1G30,  while  Mr.  Hooker  and  his  associates 
necticut.    had  but  recently  arrived  in  America.     The  interval  in 
England  had  witnessed  a  rapid  progress  in  the  party 
and  principles  of  the  puritans.     The  idea  of  sovereignty 
in  the  people  was  beginning  more  actively,  though  not 
as  yet  very  definitely,  to  develop  itself.     It  had  at  least 
gained  considerable  ascendancy  in  the  minds  of  reflect- 
ing men.     Political  leaders  were  catching  at  it  for  party 
purposes,  while  those  who  were  more  devoted  to  free- 
dom   because  they    gathered    its  elements   from   the 
Bible,  saw  in  it  the  dawn  of  their  own  success.     The 
course  taken  by  Mr.  Hooker  and  his  party  shows  that 
they  were  very  strongly  impregnated  with  it.     Indeed, 
in  this  very  matter  they  objected  that  the  deputies  of 
the  people  were  overruled  by  the  negative  vote  of  the 
magistracy.     They  thus  originated  the  first  controversy 
that   ever  took   place   in   New  England  between  the 
magistrates  and  the  people  as  to  their  relative  powers. 
Controver- For,  "  upou  this,"  says  Gov.  Winthrop  in  his  valuable 
the  ma^L° jo^i'^i^l)  "  g^ew  a  great  difference  between  the  govern- 
tracy  and  our  and  assistants,  and  the  deputies.     They  would  not 
'  yield  the  assistants   a   negative  voice,  and  the   other 
(considering  how  dangerous  it  might  be  to  the  com- 
monwealth if  they  should  not  keep  that  strength  to 
balance  the  great  number  of  deputies)  thought  it  safe 
to  stand  upon  it." 
Howal-         The   manner  in  which  this  heated  discussion  was 
layed.        terminated,  and  the  discordant  feelings  which'  it  had 
provoked  were  allayed,  strongly  portrays  the  character- 
istic traits  of  our  puritan  fathers.     In  the  midst  of  the 
excitement,  or — to  use  the  language  of  Gov.  Winthrop — 
''when  they  could  proceed  no  further,  the  whole  court 
agreed  to  keep  a  day  of  humiliation  to  seek  the  Lord; 
Further      which  accordingly  was  done  in  all  the  congregations  on 
action  of    ^\^Q  eighteenth   day  of  this  month.     On  the   twenty- 
Co^urt'^of    fourth  the  court  met  again.     Before  they  began,  Mr. 
S»T  S'.  Cotton  preached  (bein^  desired  by  all  the  court,  upon 


THE   UNITED    STATES    OF  AMERICA.  281 

THE    COLONIES    OF    CONNECTICUT    AND    NEW    HAVEN.  PaRT    II. 


Mr.  Hooker's  instant  excuse  of  his  unfitness  for  that  origin  of 

occasion.     He  took  his  text  out  of  Hag.  ii.  4,  out  of  [^'^'.^J^^J^^y 

which  ho  hiid  down  the  nature  or  strength   (as  hcuectiout. 

termed  it)  of  the  magistracy,  ministry,  and  people,  &c. 

The  strength  of  the  magistracy  to  be  their  authority,  m.-.  Cot- 

of  the  people  their  liberty,  and  of  the  ministry  their  ^•J"^'*  «er- 

purity.     And  showed  how  all  of  those  had  a  negative 

voice,  and  yet  the  ultimate  resolution  ought  to  be  in  The  people 

the  whole  body  of  the  people,  &c.,  with  answer  to  all  Jjj'^p^^^jj?^ 

objections,  and  a  declaration  of  the  j)Gople's  duty  and 

right  to  maintain  their  true  liberties  against  any  unjust 

violence,  which  gave  great  satisfaction  to  the  company. 

And  it  pleased  the  Lord  so  to  assist  him,  and  to  bless 

our  ordinance,  that  the  afiairs  of  the  court  went  on 

cheerfully." 

Mr,  Hooker   and   his    associates   were   undoubtedly  Effect  of 
moved  by  the  discourse  of  Mr.  Cotton ;  for,  after  lis-  ]^^\  ^°^' 

''  '         '  ton  s  ser- 

tening  to  it,  he  and  his  adherents  sheltered  themselves  mon. 
under  the  concession  that  the  oath  they  had  taken  when 
they  were  admitted  to  the  freedom  of  the  company, 
bound  them  to  yield  to  the  decision  of  the  general  Mr.  Hook- 
court.      They  accordingly    abandoned   their   P^ii'pose,^ggQ"||jj'^g 
"  and  accepted  of  such  enlargement  as  had  formerly  yield. 
been  offered  them  by  Boston  and  Watertown,  and  so*^^^'n- 
the   fear  of   their    removal   to    Connctticote   was   re- journal, 
moved.*" 

Though  this  result  seems  to  have  quieted  for  a  while 
the  apprehensions  of  a  division   among  the  settlers  in 
the  colony  of  Massachusetts  Bay,  it  did  not  obliterate 
the  causes  of  controversy  and  discontent  which   had 
moved  the  people  of  New-Towne  to  seek  a  change  of 
location.     Little  diversities  of  sentiment  in  matters  of  Causes  of 
religion,  and  in  some  instances  peculiarities  of  manner,  rc^^jve^*^'^* 
or  conduct,  or  even  of  dress,  were  made  the  subject  of  again, 
discussion  and  punishment  in  the  general  court,  and  of 
discipline  in   the  church.     Popular  ministers  arriving 
from  abroad,  drew  the  people  after  them  from  congre- 
gations already  organized  j  or  planted  themselves  and 


282  THE  GOVEENMENTAL  HISTORY   OF 

Part  II.  new  England. 

Origin  of  claimed  the  right  to  erect  a  church  along  side  of  one  pre- 
of^Con-""^  viously  established.  An  instance  of  this  kind  occurred 
necticut.  at  New-Towne,  and  rather  than  involve  themselves  in 
Mr  Hook-^  controversy  about  it,  Mr.  Hooker  and  his  associates 
er's  second  again  asked  leave  of  the  general  court  to  move  to  Con- 

applica-  ,.      , 

tion.         necticut. 

The  interference  of  the  Dutch  from  New  Amster- 
dam with  the  trading  stations  already  established  upon 
the  bank  of  the  Connecticut  river,  and  the  dissatisfac- 
Circum-     tion  existing  among  the  Indian  tribes  inhabiting  in  that 
Torabie  to*-''^Sio^ij  impressed  the  general  court  with  the  necessity 
his  peti-     and  importance  of   a  more  formal  occupancy  of  the 
country,  and  inclined  them  to  grant  the  petition.     It 
was  objected  very  strongly  "  that  the  general  court  or 
the  company,  had  no  title  to  any  part  of  the  territory  in 
Objections  which  they  proposed  to  establish  a  plantation.    That  nei- 
a^aSfst  it   *^^®^'  *^^^  Dutch,  who  claimed  the  right  and  had  already 
built  a  fort  there,  nor  the  Indians,  nor  their  own  peo- 
ple at  home,  would  endure  their  sitting  down  without 
a  pattent  in  any  place  which  the  king  laid  claim  to." 
How  dis-    To  meet  this  difficulty  it  was  suggested  that  they  should 
posed  of.    continue  subject  to  the  jurisdiction  of  the  general  court 
of  Massachusetts  Bay.     They  assented  to  the  proposi- 
They         tion  and  were  allowed  to  remove.     On  the  twenty-fifth 
ConneSi-  ^^^  ^^  March,  says  Winthrop,  "  Mr.  Hooker,  pastor  of 
cut,  the  church  at  Ncw-Towne,  and  the  rest  of  his  congrega- 

1636.^  ^^'  i^on  went  to  Connetticote,  his  wife  was  carried  on  a 
horse-litter,  and  they  drove  one  hundred  and  sixty  cat- 
tle, and  fed  of  their  milk  by  the  way." 
Previous        There  is  an  entry  in  Mr.  Winthrop's  journal,  under 
Ocriel's   ^^*^  October  fifteenth,  1635,  that  « about  sixty  men, 
'  women,  and  little  children,  went  by  land  to  connetti- 
cote, with  their  cows,  heifers  and  swine,  and  after  a 
tedious  and  difficult  journey  arrived  safe  there."     No 
mention  is  made  of  their  particular  destination,  but  we 
feel  warranted  in  saying  that  they  were  a  part  of  the 
congregation  of  Mr.  Hooker,   the   rest   of  whom   are 
spoken  of  above  as  now  accompanying  liim.     Mr.  Hook- 


THE  UNITED   STATES   OP   AMERICA.  283 


THE    COLOMES    OF    CONNECTICUT    AND    NEW    HAVEN.  I'aKT    II. 

er's  company  consisted  of  about  one  Imndrcd  persons 
with  tlieii'  families.     They  formed  a  settlement  on  the 
west  bank  of  the  Connecticut  river,  and  laid  the  founda- 
tion of  Hartford.     They  were  subsequently  in  the  same    . 
season  followed  by  other  parties  who  planted   Windsor 
and  Wethersfield.     Others  were  soon  influenced  by  simi- 
lar causes  to  follow  their  example,  and  planted  them.- 
selves  in  the  same  vicinity.    Their  settlements,  however,  The  colony 
were  comprehended  within  the  precincts  of  these  three  ^gj^fi^uj 
plantations,  which  composed  the  colony  of  Connecticut. 

It  does  not  comport  with  my  design  in  this  work,  to 
trace  in  detail  to  their  original  date  and  circumstances, 
all  the  settlements  which  grew  up  in  New  England  at 
this  early  period.  My  aim  is  to  ascertain  and  to  point 
out  in  a  general  way,  the  more  material  causes  wliich 
led  to  them,  because,  as  I  have  observed  already  and 
shall  further  show,  these  were  the  basis  in  most  iiistau- 
ces,  if  not  in  all,  of  a  peculiar  form  of  municipal  ad- 
ministration. They  are  more  fitted  to  my  purpose 
when  they  have  arrived  to  that  period  in  their  experi- 
ence and  growth  at  which  they  severally  combine  and 
unite  into  larger  political  bodies,  and  develop  their 
peculiarly  American  institutions  and  forms  of  free  gov- 
ernment.* 

Although  the  region  of  territory  upon  which  their 
settlements  were  made  was  not  within  the  charter  limits 
of  Massachusetts  Bay,  yet  as  these  adventurers  had 
agreed  to  remain  subject  to  that  corporation,  it  was 
sought  to  bring  them  under  "A  commission  granted 

*  Those  who  desire  a  more  minute  acquaintance  with  the  early  his- 
tory and  more  particular  settlement  of  Connecticut,  with  what  might  well 
be  called  her  domestic  life,  will  find  the  record  attractirely  and  faithfully 
gathered  in  the  history  recently  pubUshed  by  G.  H.  HoUister,  Esq.,  of 
Litchfield,  Conn.  Distinguished  already  by  his  attainments  as  a  lawyer 
in  full  practice,  and  his  accomplishments  as  a  scholar  and  gentleman,  Mr. 
HoUister  has  in  this  new  field  achieved  for  himself  the  further  pre-emi- 
nent title  of  the  historian  of  Connecticut.  His  fluent  and  graceful  pen, 
aided  by  a  classic  fancy,  has  thrown  a  degree  of  enchantment  over  his 
pages  which  is  rarely  found  combined  with  the  truthful  narratives  of  his- 
tory. 


284  THE  GOVERNMENTAL   HISTORY  OP 

Part  II.  new  England. 

The  Colo-  to  several  persons  to  govern  the  people  at  connetticote 
necticiS?""  ^^^  ^^^®  ^^^^^  °^  ^  ^ear  now  next  coming  ;  an  exem- 
plification whereof  ensueth. 

"  Whereas,  vpon  some  reason  and  grounds,  there  are 
to  remove  from  this  our  commonwealth  and  body  of 
the  Mattachusetts  iu  America,  divers  of  our  loving 
*  friends,  neighbours,  freemen  and  members  of  New- 
Towne,  Dorchester,  Waterton  and  other  places,  who 
are  resolved  to  transplant  themselves  and  their  estates 
unto  the  ryver  of  connetticote  there  to  reside  and  in- 
habit, and  to  that  end  divers  are  there  already,  and 
divers  others  shortly  to  go,  we,  in  this  present  court 
assembled,  on  the  1  "^balf  of  our  said  members,  John 
Winthrop  Jr.  Esq,  governour,  appointed  by  certain 
noble  personages  and  men  of  quality  interested  in  the 
said  ryver,  which  are  yet  in  England,  on  their  behalf ; 
have  had  a  serious  consideration  thereon,  and  think  it 
Commis-  meet  that  where  there  are  a  people  to  sit  down  and  co- 
Mass-chu  ^^^^^*5  there  will  follow,  upon  occasion,  some  cause  of 
setts  Bay  difference,  as  also  divers  misdemeanors,  which  will  re- 
ernment*^^" ^^ii'^  a  spccdy  rcdrcss.  And  in  regard  of  the  distance 
Tfi^lr ^ ^^'  ^^  P^ace,  this  state  and  government  cannot  take  notice 
of  the  same  (so)  as  to  apply  timely  remedy,  or  to  dis- 
pense equal  justice  to  them  and  their* affairs,  as  may  be 
desired ;  and  in  regard  the  said  noble  personages  and 
men  of  quality  have  something  engaged  themselves  and 
their  estates  in  the  planting  of  the  said  ryver,  and  by 
virtue  of  a  pattent,  do  require  jurisdiction  of  the  said 
place  and  people,  and  neither  the  minds  of  the  said 
personages,  (they  being  writ  unto)  are  as  yet  known, 
nor  any  manner  of  government  is  yet  agreed  on,  and 
there  being  a  necessi^,  as  aforesaid,  that  some  present 
government  may  be  observed,  Wee  therefore  think  meet, 
and  so  order,  that  Roger  Ludlow  Esq  ;  William  Pinchon 
Esq  ;  John  Steele  ;  William  Swaine  ;  Henry  Smyth  ; 
William  Phelpes ;  William  Westwood ;  and  Andrew 
Warde  ;  or  the  greater  part  of  them,  shall  have  full 
power  and  authority  to  hear  and  determine,  in  a  judi- 


THE   UNITED    STATES    OF   AMERICA.  285 

THE    COLONIES    OF    CONNECTICUT    AND    NEW    HAVEN.  PaKT    II. 

cial  way,  by  witnesses  upon  oath  examined,  within  the  The  colony 
said  plantation,  all  those   differences  which    may  arise  [icut"""''''' 
between  party  and  party  ;  as  also,  upon  misdemeanor, 
to  inflict  corporal  punishment  or  imprisonment,  to  fine 
and  levy  the  same  if  occasion  so  require,  to  make  and 
decree  such  orders,  for  the  present,  that  may  be  for  the 
peaceable  and  quiet  ordering  the  affairs  of  the  said 
plantation,  both   in  trading,  planting,  building,  lots, 
military  discipline,  defensive  war  (if  need  so  require) 
as  shall  best  conduce  to  the  public  good  of  the  same  ; 
And  that  the   said  Roger  Ludlow,  William  Pinchon,  commis- 
John   Steele,  William  Swaine,  Henry  Smyth,  William  sion  from 
Phelpes,  William  Westwood,  Andrew  Warner,  or  the  setts  Bay 
greater   part  of  them,  shall   have   power,   under   the  ^°J"^^^*^j^_ 
greater  part  of  their  hands,  at  a  day  or  days  by  them  meat, 
appointed,  upon  convenient  notice,  to  convent  the  said 
inhaljitants  of  the  said  townes  to  any  convenient  place 
that  they  shall  think  meet,  in  a  legal  and  open  manner 
by  way  of  court  to  proceed  in  executing  the  power  and 
authority  aforesaid,  and  in  case  of  present  necessity, 
two  of  them  joining  together,  to  inflict  corporal  punish- 
ment upon  any  offender  if  they  see  good  and  warrant- 
able ground  so  to  do  :  provided  ahva//s,  that  this  com- 
mission shall  not  extend  any  longer  time  than  one  whole 
year  from  the  date  thereof,  and  in  the  mean  time  it 
shall  be  lawful  for  this  court  to  recall  the  said  presents, 
if  they  see  cause,  and  if  so  be  there  may  be  a  mutual 
and  settled  government  condescended  unto  by  and  with 
the  good  liking  and  consent  of  the  said  noble  person- 
ages, or  their  agent  the  inhabitants  and  this  common- 
wealth :  provided  also,  that  this  may  not  be  any  preju-  *  i  Mass. 
dice  to  the  interest  of  those  noble  personages  in  the  said^^'^-  ^^^-i 
ryver  and  confines  thereof  within  their  several  limits."* 


This  was  another  assumption  of  political  power  on 
the  part  of  the  general  court  of  Massachusetts  Bay, 
beyond  the  provisions  of  the  charter  to  the  company. 
It  is  at  once  interesting  and  instructive  as  further  illus- 


286  THE  GOVERNMENTAL    HISTORY  OF 

Part  II.  new  England. 

The  colony  trfttiiig  liow  rapidly  and  how  variously  the  political  ele- 
necticut.  ments  of  freedom  in  the  protestantism  of  the  puritans 
were  developed  in  America.  I  care  not  to  ask  what 
petty  strifes  or  paltry  divisions  may  have  grown  up 
among  them  on  account  of  their  differences  in  matters 
of  religious  faith,  or  worship,  or  discipline.  I  care  not 
to  know,  or  to  ask,  how  much  of  bigotry,  or  of  super- 
stition, or  of  prejudice,  or  even  of  absolute  wrong,  may 
have  mingled  with  their  growth.  I  have  no  fellowship 
or  sympathy  with  those  sectarian  zealots,  or  partizan 
sciolists,  who  can  go  down  into  their  infant  and  nursery 
life  to  drag  forth  what  purulent  tokens  they  may  dis- 
cover of  the  waywardness  and  weakness  of  their  inex- 
perienced childhood.  These  were  their  embarrass- 
The  politi-  mcnts,  their  disadvantages,  their  difficulties,  their  dis- 
cai  eie-      ciplinc,  the  refining  from  out  of  which  was  evolved  the 

ments  of         ^  '  «  /.        i 

protestant-  golden  orc  of  freedom.  It  was  something,  much,  to 
o'ecf b^*^^'  ^^^^®  planted  themselves  in  America  under  a  charter 
the  com-  -vvhicli  placed  no  restrictions  on  the  latitude  of  their 
its  govern- worship.  It  was  a  bold  exercise  of  political  liberty  to 
ment.  have  transferred  that  charter,  and  the  proprietorship  of 
the  soil  which  it  conveyed,  to  the  bleak  and  barren 
shores  of  New  England.  It  was  a  more  resolute  and 
fruitful  exhibition  of  popular  supremacy  to  have  reared 
upon  that  soil,  towns,  institutions,  and  free  forms  of  gov- 
ernment, far  beyond  the  intention,  or  the  comprehension 
of  the  sovereign  power  to  which  they  hesitated  not  to 
avow  their  ultimate  allegiance.  But  it  was  something 
above  and  beyond  all  these,  to  have  claimed  the  right, 
and  to  have  assumed  the  responsibility  of  planting  a 
colony  on  a  soil  not  their  own,  all  of  whose  political 
privileges  should  emanate  from  themselves,  and  from 
which  they  exacted  an  oath  of  allegiance  to  their  own 
government  instead  of  the  crown. .  To  say  that  these 
things  had  no  bearing  upon  the  future  of  New  Eng- 
land, or  of  America,  would  be  to  deny  that  philosophy 
in  history  which  teaches  by  example.  It  had  a  quick 
influence  even  upon  the  fate  of  the  new  colony,  and 


THE  UNITED   STATES   OF  AMERICA.  287 

THE    COLONIES    OF    CONNECTICUT    AND    NEW    HAVEN.  PaRT   II. 

produced  at  eiice  a  freer  development  of  free  princi- The  colony 
pies.     The   very  spirit  and  purposes  which  prompted  ^^^.^^^^^l^^^' 
these   men   to    remove  with   their   families   from  the  vows 
elder   plantation,    could   not   long  brook  such   a   de-tojili^sa- 
pendencc ;  a  colonial    dependence  upon  a  dependent  chusetts 
corporation.      Nor    could    they  understand   the  logic 
which   would    deny    to    themselves    a    similar    exer- 
cise  of   similar    political    powers.      They  accordingly 
extinguished,  by  purchase,  the  Indian  title  to  the  soil, 
made  a  further  purchase  of  title  from  "  those  noble 
personages  "  alluded  to  in  the   commission,  disavowed 
their  allegiance  to  Massachusetts  Bay,  and  entered  into 
an   independent    compact    of    government   under   the 
name  of  Connecticut. 

This  was  the  first   instance  of  the  establishment  of  ^^"^  i"^^^'- 
an  independent  colonial  government  in  America,  with-  estabUsh- 
out  any  charter  basis,  and  without  even  a  shadow  of  °^^'^*' 
authority  from  the   crown.     That  of  New  Plymouth 
was  originally  in  fact  quite  as  independent,  but  then  it 
was  rather  a  necessity  than  an  assumption,  and  had  at 
least  the  show  of  right  derived  under  a  charter  issued  by 
The  Plymouth  Company.     The  only  similarity  between 
them  was,  that  neither  the  company  in  the  latter  instance 
nor  the  general   court  of    Massachusetts  Bay  in  the 
former,  had  any   power    conferred    by  their   charter, 
which  gave  them  jurisdiction  of  the  soil. 

There  is  something  so  peculiar  and  characteristic  in  Her  first 
the  preamble  to  this   compact,  and  it  is  so  illustrative  govem^.**'^ 
of  the  fact,  that,  with  us  at  least,  a  protestant  christian-  ^^^^^ 

1638 

ity  has  been  and  is  the  source  of  all  civil  and  religious 
freedom,  that  I  should  be  unsteady  to  my  purpose  if  I 
did  not  insert  it  here  at  length.  It  opens  by  reciting  that 
''^Forasmuch  as  it  hath  pleased  the  Almighty  God,  by 
the  wise  disposition  of  his  divine  providence,  so  to  order 
and.  dispose  of  things  that  we  the  inhabitants  and  resi- 
dents of  Windsor,  Harteford,  and  Weathersficld,  are 
now  cohabiting,  and  dwelling  in  and  upon  the  river 
Connectecotte,  and  the  lands  thereunto  adjoining ;  and 


288  THE   GOVERNMENTAL    HISTORY   OF 

Part  II.  new  England. 

The  colony  -^ell  kiiowiiig  where  a  people  are  sratliered  toe;ether  the 

of  Coiiiiec-  •       o 

ticut,  its     Word  of  God  requires  that  to  maintain  the  peace  and 
^act  of™'  "^"^^^^  ^^  ^^^^^^  ^  people  there  should  be  an  orderly  and 
govern-      decent  government,  established  according  to  God,  to 
Tq38.        order  and  dispose  of  the  affairs  of  the  people  at  all 
seasons  as  occasion  shall  require ;  do  therefore  asso- 
ciate and  conjoin  ourselves  to  be  as  one  public  state  or 
The  asso-   commonwealth :     And  do,  for  onrselves  ami  our  suc- 
its  aim  ^"^  cessors,  and  such  as  shall  be  adjoined  to  us  at  any  time 
hereafter,  enter  into   combination   and  confederation 
together,  to  maintain  and  preserve  the  lilierty  and  pu- 
rity of  the  gospel  of  our  Lord  Jesus  Christ  which  we 
Recogn.-    now  profess,  as  also  the  discipline  of  the  churches, 
*^rote"staut  "^l^*^!^  according  to  the  truth  of  the  said  gospel  is  now 
christian-   pi^acticcd  amongst  us.     As  also  in  our  civil  affairs  to  be 
^  ^'  guided  and  governed  according  to  such  laws,  rules, 

orders  and   decrees    as    shall    be  made,  ordered  and 
decreed,  as  followeth : — 
General  "  I.  It  IS  ordered,  sentenced,  and  decreed  that  there 

*^°"  mbUes  ^haU  be  yearly  two  ■  general  assemblies  or  courts,  the 
one  on  the   second  Thursday  in  April,  the  other  the 
second  Thursday  in   September,  following;    the  first 
shall  be  called  the  court  of  election,  wherein  shall  be 
yearly  chosen  from  time  to  time  so  many  magistrates 
,p^gj^j^„;g.  and  other  public  officers  as  shall  be  found  requisite, 
tracy.         Whercof  one  to  be  chosen  governour  for  the  year  ensu- 
ing and  until  another  be  chosen,  and  no  other  magis- 
trate to  be  chosen  for  more  than  one  year — provided 
alirmys  there  be   six   chosen   besides   the    governour. 
Their         Which  being  chosen  and  sworn,  according  to  an  oath 
duUer'^^'  recorded  for  that  purpose,  shall  have  power  to  admin- 
ister justice  according  to  the  laws  here  established,  and 
for  want  thereof  according  to  the  rule  of  the  word  of 
God  ;  which  choice  shall  be  made  by  all  that  are  admit- 
ted freemen  and  have  taken  the  oath  of  fidelity,  and 
do  cohabit  in  this  jurisdiction,  or  the  major  part  of  such 
as  shall  be  then  present. 

"  II.  It  is  ordered,  sentenced,  and  decreed,  That  the 


THE   UNITED    STATES   OP   AMERICA.  289 


THE    COLONIES    OF    CONNECTICUT    AND    NEW    HAVEN.  PaRT   II. 


election  of  the  aforesaid  magistrates  shall  be  on  this  The  colony 
manner:  every  person  present  and  qualified  for  choice ^^^^°|J-. 
shall  bring  in  (to  the  persons  deputed  to  receive  them)  I'oi-  first 
one  single  paper  with  the  name  of  him  written  in  it  of"gov't, 
whom  he  desires  to  have  governour,  and  he  that  hath  '^^'^^• 
the  greatest  number  of  papers  shall  be  governour  for 
that  year.     And  the  rest  of  the  magistrates  or  public  Election 
officers  to  be  chosen  in  this  manner :  The  secretary  for  trat™a  and 
the  time  being  shall  first  read  the  names  of  all  that  are  other 

officers 

to  be  put  to  choice,  and  then  shall  severally  nominate 
them  distinctly,  and  every  one  that  would  have  the 
person  nominated  to  be  chosen  shall  bring  in  one  single 
paper  written  upon,  and  he  that  would  not  have  him 
chosen  shall  bring  in  a  blank.  And  every  one  that 
hath  more  written  papers  than  blanks  shall  be  a  magis- 
trate for  that  year :  which  papers  shall  be  received  and 
told  by  one  or  more  that  shall  be  then  chosen  by  the 
court  and  sworn  to  be  faithful  therein — but  in  case 
there  should  not  be  six  chosqn  as  aforesaid,  besides  the 
governour,  out  of  those  which  are  nominated,  then  he 
or  they  which  have  the  most  written  papers  shall  be  a 
magistrate  or  magistrates  for  the  ensuing  year,  to  make 
up  the  aforesaid  number. 

"  III.  It  is  ordered,  sentenced,  and  decreed,  That  the  Candidates 
secretary  shall  not  nominate  any  person,  nor  shall  any  v'iousiy'^ 
person  be  chosen  newly  into  the  magistracy,  which  was  propound- 
not  propounded  in  some  general  court  before,  to  be 
nominated  the  next  election ;  and  to  that  end  it  shall 
be  lawful  for  each  of  the  towns  aforesaid,  by  their 
deputies,  to  nominate  any  two  whom  they  conceive  fit 
to  be  put  to  election  ;  and  the  court  may  add  so  many 
more  as  they  judge  requisite.  « 

"IV.- //!  is  ordered,  sentenced,  and  decreed,  That  nowiiomay 

person  be  chosen  governour  above  once  in  two  years,  ^^^  chosen 
^  o  J  'governor. 

and  that  the  governour  be  always  a  member  of  some 

approved  congregation,  and  formerly  of  the-magistracy 
within  this  jurisdiction  ;  and  all  the  magistrates  free- 
men of  this  commonwealth;  And  that  no  magistrate 
19 


29.0  THE  GOVERNMENTAL    HISTORY  OP 

Part  II.  new  England. 

The  colony  or  Other  public  officer  shall  execute  any  part  of  his  or 
^  ^P^'     their  office  before  they  are  severally  sworn,  which  shall 

necticut;  •'  .     *^ 

her  first     be  done  in  the  face  of  the  court  if  they  be  present,  and 
of^oA    "1  case  of  absence,  by  some  deputed  for  that  purpose. 
16:^8.  "  V.  It  is  ordered,  sentenced,  and  decreed.  That  to  the 

aforesaid  court  of  election   the    severall   towns   shall 
Towns       send  their  deputies,  and  when  the  elections  are  ended 
Deputes!   they  may  proceed  in  any  public  service  as  at  other 
courts :  also  the  other  general  court  in  September  shall 
be  for  making  of  laws,  and  any  other  public  occasion 
which  concerns  the  good  of  the  commonwealth. 
General         "VI.  It  is  ordered,  sentenced,  and  decreed,  That  the 
^""^^^'^^^  governour  shall,  either  by  himself  or  by  the  secretary, 
send  out  summons  to  the  constables  of  every  town  for 
the  calling  of  these  two  standing  courts,  one  month  at 
least  before  their  several   times :   And  also  if  the  gov- 
ernour  and  the  greatest  part  of  the  magistrates  see 
cause  upon  any  special  occasion  to  call  a  general  court, 
they  may  give  order  to  the  secretary  so  to  do  within 
fourteen  days  warning;    and  if  urgent   necessity  so 
require  upon  a  shorter  notice,  giving  sufficient  grounds 
for  it  to  the  deputies  wlien  they  meet,  or  else  be  ques- 
tioned for  the  same :   And  if  the  governour  and  major 
part  of  the  magistrate's  shall  either  neglect  or  refuse  to 
call  the  two  general  standing  courts,  or  either  of  them, 
as  also  at  other  times  when  the    occasions  of  the  com- 
monwealth require,  the  freemen  thereof,  or  the  major 
part  of  them,  shall  petition   to  them  so  to  do  :    If  then 
it  be  either  denied  or  neglected,  the  said  freemen  or 
the  major  part  of  them  shall  have  power  to  give  order 
to  the  constables  of  the  severall   towns  to  do  the  same, 
and  so  may  meet  together,  and  choose  to  themselves  a 
moderator,  and  may  proceed  to  do  any  act  of  power 
which  any  other  general  court  may. 
Choosing        "VII.  It  IS  ordered,  sentenced,  and  decreed,  That  after 
of  deputies  ^l^gj.g  j^^Q  warrants  dven  out  for  any  of  the  said  general 

to  the  gen-  ^  •'  .. 

eral courts,  courts,  the  constable  or  constables  of  each    town  shall, 
forthwith  give  notice  distinctly  to  the  inhabitants  of  the 


THE   UNITED    STATES   OP   AMERICA.  291 

THE    COLONIES    OF    CONNKOTICUT    AND    NEW   IIATEN.  pART    II. 

same,  in  some  public  assembly,  or  by  going  or  sending  The  colony 
from  house  to  house,  that  at  a  place  and  time  by  bim  °||^.^^°' . 
or  them  limited  and  set,  they  meet  and  assemble  them-  her  first 
selves  together  to  elect  and  choose  certain  deputies  to  o^'govX 
be  at  the  general  court  then  following  to  agitate  the  i*^^^. 
affairs  of  the  commonwealth  ;  which  said  deputies  shall 
be  chosen  by  all  that  are  admitted  inhabitants  in  the 
several  towns,  and  have  taken   the  oath  of  fidelity ; 
provided,  that  none  be  chosen  a  deputy  for  any  general  Proviso, 
court  who  is  not  a  freeman  of  this  commonwealth. 

"The  aforesaid  deputies  shall  be  chosen  in  manner  Mode  of 
following :  Every  person  that  is  present  and  qualified  ^^oo^ing 
as  before  expressed,  shall  bring  the  names  of  such, 
written  in  several  papers,  as  they  desire  to  have  chosen 
for  that  employment,  and  these  three  or  four,  more  or 
less,  being  the  number  agreed  on  to  be  chosen  for  that 
time,  that  have  the  greatest  number  of  papers  written 
for,  they  shall  be  deputies  for  that  court ;  whose  names 
shall  be  endorsed  on  the  backside  of  the  warrant  and  Return  of 
returned  into  the  court,  with  the  constable  or  consta- °®'^®'' 
bles'  hand  unto  the  same. 

"  Vni.    It  is  ordered,  sentenced,  and  decreed,  That  Apportion- 
Windsor,   Harteford,    and   Weathersfield    shall    have  d^^p^uti^a. 
power,  each  town,  to   send  four  of  their  freemen  as 
their  deputies,  to  every  general  court ;  And  whatsoever 
other  townes  shall  be  hereafter  added  to  this  jurisdic- 
tion, they  shall  send  so  many  deputies  as  the  court 
shall  judge  meet,  a  reasonable  portion  to  the  number 
of  freemen   that  are   in  the   said  towns  being  to  be 
attended  therein  ;  which  deputies  shall  have  the  power  Their  pow- 
of  the  whole  towns  to  give  their  votes  and  alloAvance  ^'.^^  ^^^ 
to  all  such  laws  and  orders  as  may  be  for  the  pub- 
lic good,  and  unto   which  the  said  towns  are  to  be 
bound. 

"IX.  It  is  ordered  and  decreed,  That  the  deputies  Special 
thus  chosen  shall  have  power  and  liberty  to  appoint  a  "f^thg  ^ 
time  and  place  of  meeting  together  before  any  general  deputies. 
court,  to  advise  and  consult  of  all  such  things  as  may 


^92  THE  GOVERNMENTAL    HISTORY  OP 

Part  II.  new  England. 

•ihe  Colony  concern  the  good  of  the  public,  as  also  to  examine 
ot  Con-      ^i-^gjj.  Q^jj  elections,  whether  according  to  the  order; 
her  first      And  if  they  or  the  greatest  part  of  them  find  any  elec- 
of™ov\    tion  to  be  illegal,  they  may  seclude  such  for  the  present 
1638.         from  their  meeting,  and  return  the  same  and  their 
reasons  to  the  court ;  and  if  it  prove  true,  the  court 
Deputies  to  niay  fine  the  party  or  parties  so   intruding  and   the 
ejections.  ^  town,  if  they  see  cause,  and  give  out  a  warrant  to  go 
to  a  new  election  in  a  legal  way,  either  in  part  or  in 
whole  :  Also  the  said  deputies  shall  have  power  to  fine 
any  that  shall  be  disorderly  at  their  meetings,  or  for 
Other        not  coming  in  due  time  or  place  according  to  appoint- 
ment ;  and  they  may  return  the  said  fines  into  the 
court  if  it  be  refused  to  be  paid,  and  the  treasurer  to 
take  notice  of  it,  and  to  estreet  or  levy  the  same  as  he 
doth  other  fines. 
General         "  X.  M  IS  ordered,  sentenced,  and  decreed,  That  every 
cdnstUu-*'^  g^ii^i'^^  court,  except  such  as  through  neglect  of  the 
ted.  governour  and  the  greatest  part  of  the  magistrates,  the 

freemen  themselves  do  call ;  shall  consist  of  the  gov- 
ernour, or  some  one  chosen  to  moderate  the  court,  and 
four  other  magistrates  at  least,  with  the  major  part  of 
the  deputies  of  the  several  towns  legally  chosen ;  And 
in  case  the  freemen,  or  major  part  of  them,  through 
neglect  or  refusal  of  the  governour  and  major  part  of 
the  magistrates,  shall  call  a  court,  it  shall  consist  of  the 
major  part  of  freemen  that  are  present  or  their  depu- 
ties, with  a  moderator  chosen  by  them.  In  which  said 
general  courts  shall  consist  the  supreme  power  of  the 
commonwealth,  and  they  only  shall  have  power  to 
Powers  of  make  laws  or  repeal  them,  to  grant  levies,  to  admit  of 
the  general  |.^ggj^gj^    dispose  of  lands    undisposed  of,  to  several 

court*  ^  ■*■ 

towns  or  persons,  and  also  shall  have  power  to  call 
either  court  or  magistrate,  or  any  other  person  what- 
soever into  question  for  any  misdemeanor,  and  may  for 
just  cause  displace  or  deal  otherwise  according  to  the 
nature  of  the  offence :  And  aha  may  deal  in  any  other 
matter  that  concerns  the  good  of  this  commonwealth, 


THE  UNITED   STATES   OP  AMERICA.  293: 

THE    COLONIES    OF    CONNECTICUT    AND    NEW    HAVEN.  PaUT    II. 

except  election  of  magistrates,  which  shall  be  done  by  The  Colony 
the  whole  body  of  freeineu.  nectuTut- 

"  In  which  court  the  governour,  or  moderator,  shall  i»lm-  first 
have  power  to  order  the  court  to  give  liberty  of  speech,  of  gov't, 
and  silence  unseasonable  and  disorderly  speaking ;  to  ^**'^^- 
put  all  things  to  vote  ;  and  in  case  the  vote  be  equal  to  governor 
have  the  casting  voice.     But  none  of  these  courts  shall '"  ^^^ , 

'^  ^  general 

be  adjourned  or  dissolved  without  the  consent  of  the  court.  . 
major  part  of  the  court. 

"  XL  It  is  ordered,  sentenced,  and  decreed,  that  when  Levies  or 
any  general  court,  upon  the  occasions  of  the  common- ],"^|>)jtg*QQ 
wealth,  have  agreed  upon  any  sum  or  sums  of  money  towns. 
to  be  levied  upon  the  several  towns  within  this  juris- 
diction, that  a  committee  be  chosen  to  set  out  and 
appoint  what  shall  be  the  proportion  of  every  town  to 
pay  off  the  said  levy,  provided  the  committees  be  made 
up  of  an  equal  number  of  each  town. 

"  14th  January,  1638,  the  eleven  orders  above  said 
are  voted." 

The  oath  of  the  governor — "I,  N.   M.,  being  now  Oath  of 
chosen  to  be  governour  within  this  jurisdiction,  for  the  fn^^other 
year  ensuing,  and  until  a  new  be  chosen,  do  swear  by^nag's- 
the  great  and  dreadful  name  of  the  everliving  God,  to 
promote  the  public  good  and  peace  of  the  same,  accord- 
ing to  the  best  of  my  skill ;  as  also  will  maintain  all 
lawful  privileges  of  this  commonwealth ;  as  also  that 
all  wholesome  laws  that  are  made  or  shall  be  made  by 
lawful  authority  here  established,  be  duly  executed ; 
and  will  fVirther  the  execution  of  justice  according  to 
the  rule  of  God's  word :     So  help  me  God,  in  the  name 
of  the  Lo:  Jesus  Christ.^* 

A  similar  form  of  oath  was  prescribed  for  the  other  Freemaa'a 
magistrates,  and  constables.     The  oath  of  a  freeman  was  ^'^'^• 
substantially  that  prescribed  of  record  by  the  general 
court  at  a  later  date,  which  recited  "  I,  A.  B.,  being  by 
the  providence  of  God  an  inhabitant  withi^  the  juris- 
diction of  Connectecottc,  do  acknowledge  myself  to  be  j 
subject  to  the  government  thereof,  and  do  swear  by  the  | 


294 


THE   GOVERNMENTAL    HISTORY   OP 


Part  II. 


NEW    KNGLAND. 


The  colony  great  and  fearful  name  of  the  everliving  God,  to  be 
true  and  faithful  unto  the  same  ;  and  do  submit  both 


ticut,  her 
first  com- 
pact of 
govern- 
ment, 
1638. 


my  person  aiid  estate  thereunto,  according  to  all  the 
wholesome  laws  and  orders  that  there  are,  or  hereafter' 
shall  be  there  made  and  established  by  lawful  author- 
ity ;  and  that  I  will  neither  plot  nor  practice  any  evil 
against  the  same,  nor  consent  to  any  that  shall  do  so, 
but  will  timely  discover  the  same  to  lawful  authority 
there  established :  And  that  I  will,  as  I  am  in  duty 
bound,  maintain  the  honor  of  the  same  and  of  the  law- 
ful magistrates  thereof  promoting  the  public  good  of  it, 
whilst  I  shall  so  continue  an  inhabitant  there ;  and 
whensoever  I  shall  give  my  vote  or  suffrage  touching 
any  matter  which  concerns  this  commonwealth,  being 
called  thereunto,  will  give  it  as  in  my  conscience  I 
shall  judge  may  conduce  to  the  best  good  of  the  same 
without  respect  of  persons  or  favor  of  any  man.  So 
help  me  God  in  our  Lord  Jesus  Christ.^' 


General  Sucli  was  the  first  governmental  compact  of  the  first 

remar  s.  ^Yx\\y  independent  municipal  organization  formed  in 
America,  the  colony  of  Connecticut.  Such  was  the  pro- 
gress of  freedom  within  twenty  years  after  our  puritan 
fathers  first  landed  on  the  coast  of  New  England.  We 
may  search  the  records  of  history  in  vain  to  find  a  par- 
allel to  this  the  first  written  constitution  framed  inde- 
pendently in  America.  So  brief  and  yet  so  compre- 
hensive, so  concise  and  yet  so  full,  so  simple  and  yet  so 
sublime.  It  is  the  complete  and  harmonious  issue  of 
what  we  have  called  the  political  element  of  free- 
dom in  the  protestantism  of  the  puritans.  Now  for 
itg  political  the  first  time  in  the  history  of  mankind,  we  find  the 
aspects,  church  and  state  dissevered  though  not  really  divorced, 
each  moving  in  its  peculiar  province  and  exercising  its 
peculiar  mission  without  warring  with  the  other  ;  while 
the  power  in  and  over  either  emanates  wholly  and 
directly  from  the  people.  We  might  well  expect  to 
see,  as  the  further  fruits  of  such  a  basis  of  social  organ- 


THE   UNITED   STATES   OP   AMERICA,  295 

THE    COLONIKS    OF    CONNECTICUT    ANU    NEW    HAVEN.  PaKT    II. 

izatioii,  a  Bill  of  Rights  like  that  passed  by  the  general  The  colony 
court  at  a  subsequent   session,  in  which   it  was  de-ticut. 
creed — 

"  That  no  man's  life  shall  be  taken  away ;  no  man's  Bill  of 
honor  or  good  name  shall  be  stained ;  no  man's  person    ° 
shall  be  arrested,  restrained,  banished,  dismembered, 
or  in  any  way  punished ;  no  man  shall  be  deprived  of 
his  wife  or  children ;  no  man's  goods  or  estate  shall  be 
taken  away  from  him ;  nor  any  ways  damaged,  under 
colour  of  law,  or  countenance  of  authority,  unless  it 
be  by  the  virtue  or  equity  of  some  express  law  of  the 
country  warranting  the  same,  established  by  a  general 
court,  and  sufficiently  published ;   or  in  case  of  the  *  Colonial 
defect  of  a  law  m  any  particular  case,  by  the  word  of  Voi  i. 
God."* 

Thus  we  have  it,  freedom  of  religion,  freedom  of  the  Summary 
person,  freedom  of  speech,  freedom  of  property,  secu-°    j^^^*^"' 
rity  of  reputation  and  of  life,  and  in  the  domestic  rela- govern- . 
tions ;  freedom  in  the  formation  of  government,  in  the 
enactment  of  laws,  and  in  the  choice  of   rulers ;  all 
tending  to  the   personal   elevation  of  the    individual    ' 
man.     This  is  an  achievement  of  protestantism  pecu- 
liarly American.      This   is  American    Protestantism. 
It  is  marred  by  no  recognition  of  sovereignty  or  su- 
premacy elsewhere  than  in  the  people,  and  speaks  out 
as  if  no  monarch  on  earth  dare  ever  dream  of  claiming 
its  allegiance,  or  infringing  its  prerogatives  of  power. 

In  the  year  1644,  Saybrook  was  purchased  of  Col.  Saybrook 
Geo.  Fenwick,  and  became  a  part  of  the  colony  of  Con- ^°°^^^Jj_*** 
necticut,  which  continued  under  the  form  of  govern- cut,  i644. 
ment  already  adverted  to  until  the  issuing  of  the  royal 
charter  by  Charles  II. 

I  have  purposely  omitted  any  particular  reference  to  Indian 
the  wars  in  which  the  colonies  of  New  England  were  '^^^^' 
involved  with  the  native  tribes  bordering  upon  the  val- 
ley of  the  Connecticut  river  during  their  early  history, 
I  do  not  regard  them  of  any  material  importance  so 
far  as  the  design  of  this  work  is  concerned  j  and  thej 


296  THE   GOVERNMENTAL    HISTORY    OP 


Part  II. 


NEW    ENGLAND. 


thSoii    ^^^^^  within  the  scope  of  our  observation,  in  passing, 
of  New      simply  in  the  tendency  they  had  to  lead  adventurers 
Haveu.       farther  into  the  interior  country  and  thoreby  to  extend 
and  increase  their  settlements. 

The  Colony  of  New  Haven. 

Mr'Daven-     ^^^  *^^^  twenty-sixth  day  of  April,  in  the  year  1637, 
port  and    there  arrived  in  the  harbour  at  Boston — "  two  ships 
BoXn^     from  London.     In  these  came  Mr.  Davenport  and  an- 
Aprii  26,    other  minister,  and  Mr.  Eaton  and  Mr.  Hopkins,  two 
merchants  of  London,  men  of  fair  estate  and  of  great 
esteem  for  religion,  and  wisdom  in  outward  aflfairs."* 
These  men  had  their  own  peculiar  opinions  in  reference 
to  religious  and  political  matters,  which  prompted  them 
to  turn  their  attention  to  the  asylum  now  more  abun- 
dantly opening  for  all  such  in  the  wilds  of  New  Eng- 
Howthey  land.     Being  "  men  of  esteem  for  religion,  and  wisdom 

w^rere-     ^^  outward  affairs,"  and  of  ample  worldly  resources,  a 
ceived.  '  . 

great  effort  was  made  to  retain  them  in  Massachusetts 

Bay.      "All   possible   means,"    says    Gov.    Winthrop, 
"  were  used  to  accommodate  them  here — Charlestown 
offered  them  largely ;  Newbury  their  whole  town,  the 
court  any  place  which  was  free."     But  they  were  un- 
willing to  remain  in  a  jurisdiction  already  distracted 
by  differences  in  matters  of  religion,  and  where  they 
at  once  comprehended  what  restraints  might  be  imposed 
upon  the  propagation  of  their  own  peculiar  views.     In 
the  fall  of  the  same  year  Mr.  Eaton  and  others  left 
Boston  and  proceeded  southward  until  they  came  upon 
a  wide  spreading  and  beautiful  bay,  backed  by  an  exten- 
sive level  plain  called  by  the  Indians  Quinnipiac.     On 
venport     the  thirtieth  day  of  January,  1638,  "Mr.  Davenport 
thTcon-'^  and  Mr.  Predden,  and  a  brother  of  Mr.  Eaton,  being 
necticut,    ministers  also,  went  by  water  to  Quinnipiac;  and  with 
1638.'^'^^'    them  many  families  moved  out  of  the  jurisdiction  of 
Massachusetts  Bay,  to  plant  themselves  in  those  parts."  * 
throp's       After  a   lengthened,  tedious   and   somewhat  perilous 
Journal,     passage,  they  reached  their  destination  in  safety,  plant- 


THE   UNITED    STATES   OP  AMERICA.  297 

THE    COLONIES    OF    CONNECTICUT    AND    NEW    HAVEN.  PaRT    II. 

C(]  their  settlement,  and  called  it  New  Haven.     They  Origin  of 
had  made  no  provision  for  a  title  to  the  soil,  but  relied  „f'^XeV^ 
on  their  ability  to  make  some  friendly  negotiation  with  ^^''}^^'\'> 
the  natives,  whom  they  regarded  as  the  true  and  only 
rightful  proprietors.     They  were  invested  with  no  polit- 
ical powers,  but  framed  their  own  ordinances  and  laws 
as  independently  as  did  the  colony  of   Connecticut, 
undoubtedly  moved  by  her  example. 

The  people  of  Massachusetts  Bay  seem  to  have  been 
a  good  deal  disappointed  by  the  departure  of  Mr.  Eaton  Departure 
andjiis  company  from  among  them;  being  then  appro- ^aton  how 
hcnsive  that  a  general  governor  for  the  colonies  would  regarded 
be  sent  over  by  the  crown.     The  manner,  however,  in  Bay. 
which  they  consoled  themselves  was  too  characteristic 
and  too  much  affiliated  to  our  purpose  to  be  passed  by 
in  silence.     Says  Gov.  Winthrop — "though  it  were  a 
great  weakening  to  these  parts  yet  we  expected  to  see 
a  good    providence  of  God   in  it,  both  for  possessing 
those   parts   which   lay   open   to    an    enemy,  and   for 
strengthening  our  friends  at  connectticote,  and  for  mak- 
ing room  here  for  many  who  are  expected  out  of  Eng- 
land this  year;    and  for  diverting  the  thoughts   and 
intentions  of  such  in  England  as  intended  evil  against 
us;  whose  designs  might  be  frustrated  by  our  scatter- 
ing so  far:  and  such  as  were  now  gone  that  way  were*^"^* 
as  much  in  the  eye  of  the  estate  of  England  as  we  Journal, 
here."* 

It  was  about  at  this  date  that  the  council  of  com- 
missioners for  foreign  plantations  was  created  by  Charles 
I.,  which  declared  the  forfeiture  of  their  charters  by 
various  companies  in  England,  and  was  made  the  basis 
of  the  quo  warranto  which  was  issued  against  the 
Massachusetts  Bay  company.  The  same  home  difficul- 
ties which  checked  those  proceedings  on  the  part  of  the 
crown  and  commissioners,  opened  the  opportunity  for 
planting  these  independent  colonial  settlements  in  New 
England. 

The  plan  of  association  first  adopted  by  the  planters 


298  THE  GOVERNMENTAL   HISTORY  OP 

Part  II.  new  England. 

The  colony  of  New  Haveii,  was  different  from  that  of  any  other  of 
HavenT      *^^^  American  settlements.     The  Bible  was  to  them  the 
source  of  all  law ;  church-membership  the  condition  of 
freemanship,  and  the  test  of  eligibility  to  office,  whether 
Peculiar!-   ^^^^^  ^^  military.     Hers  was,  if  we  may  so  express  it,  a 
ties  of  her  Christocratic  form  of  government,  the  church  was  the 
tion!°'^^'    1^6''^d  of  the  colony,  the  minister  the  head  of  the  church, 
and  Christ  the  head  of  all,  and  they  imitated  the  early 
christians  in  adopting  a  community  of  goods  and  an  equal 
distribution  of  lands.     On  the  fourth  of  June,  1639,  they 
held  their  first  meeting,  when  the  following  resolutions 
were  adopted  as  the  basis  of  their  organization,  viz: 
The  Bible       "I.  That  the  scriptures  hold  forth  a  perfect  rule  for 
the  rule  of  ^|^g  direction  and  government  of  all  men  in  all  duties 
which  they  perform  to  God  and  men,  as  well  in  families 
and  commonwealth,  as  in  matters  of  the  church. 
And  source     "II.  That  as  in  matters  which  concerned  the  gather- 
ment^^"^'  ^^^^  ^^^^  ordering  of  a  church,  so  likewise  of  all  public 
offices  which  concern  civil  order,  as  the  choice  of  magis- 
trates and  officers,  making  and  repealing  laws,  dividing 
allotments  of  inheritance,  and  all  things  of  like  nature, 
they  would  all  be  governed  by  those  rules  which  the 
scripture  held  forth  to  them. 
Object  of       "  III.  That  all  those  who  had  desired  to  be  received  as 
ture.       '  ^^'^^  planters,  had  settled  in  the  plantation  with  a  pur- 
pose, resolution,  and  desire,  that  they  might  be  admit- 
ted into  church  fellowship  according  to  Christ. 
Obliga-  "ly.  That  all  the  free  planters  held  themselves  bound 

settlers  to*^  ^^  establish  such  civil  order  as  might  best  conduce  to 
each  other,  the  securing  of  the  purity  and  peace  of  the  ordinance 

to  themselves  and  their  posterity  according  to  God. 
Qualifica-       "Y.  That  church  members  only  should  be  free  bur- 
powerTof  gesses;  and  that  they  only  should  choose  magistrates 
freemen,     among  themselves,  to  have  power  of  transacting  all  the 
public  civil  affairs  of  the  plantation;   of  making  and 
repealing  laws,  dividing  inheritances,  deciding  of  differ- 
ences that  may  arise,  and  doing  all  things  and  business 
of  like  nature. 


THE   UNITED    STATES   OP  AMERICA.  299 

THE    COLONIES    OF    CONNECTICUT    AND    NEW    HAVEN.  PaRT    II. 

"VI.  That  twelve  men  should  be  chosen,  that  theh^  Ordering 
fitness  for  the  -foundation  of  the  work  might  be  tried,  church. 
and   that  it  should   be  in  the  power  of  those  twelve  *  See  iioi- 
men  to  choose  seven  to  begin  the  church."*  torv.  '^ 

In  October  of  the  same  year  a  general  convention 
was  held,  and  a  plan  of  government  adopted  embodying 
the  principles  set  forth  in  the  foregoing  resolutions.  A 
general  court  was  created,  to  consist  of  the  governor, 
deputy  governor,  and  twelve  assistants,  with  two  dele-  its  organi- 
ffates  from  each  town,  to  be  chosen  annually.     All  pow- ^'^'^'*^"'     ^ 

.  .         .  .   .  .  T     .  .    poweraand 

er,  executive,  legislative,  and  judicial,  to  reside  in  this  duties, 
body,  with  a  right  of  appeal  to  a  supreme  court  com- 
posed of  all  the  magistrates  in  the  plantation,  six  of 
whom  formed  a  quorum.  They  remained  under  this 
compact  until  they  came  under  the  charter  granted  to 
the  colony  of  Connecticut  by  Charles  II.  after  his  resto- 
ration to  the  throne. 

In  closing  this  summary  of  the  governmental  polity 
of  the  first  settlement  at  New  Haven,  I  cannot  forbear 
repeating  what  I  have  said  of  the  colony  of  Connecti- 
cut.    I  care  not  to  run  the  gauntlet  with  those  who  can  protcst- 
see  in  it  only  the  traces  of  bigotry,  superstition,  and  j  J^.'''"^ "  ^ 
intolerance.     It  is  beyond  all  controversy  true  that  a  in  New 
Protestant  Christianity,  by  the  general  charter  provis-  the'ba.sis 
ions  issuing  out  of  England  from  the  earliest  period  in  °^  ^^^  ^''^^ 

^  govern- 

our  history,  by  all  the  records  of  our  colonial  and  revo-  ment  in 
lutionary  annals,  and  by  the  constitutions  of  nearly  all  ■^™'''"'^^- 
of  the  states,  as  well  as  by  the  consent  of  the  whole 
American  people,  has  been,  and  is,  regarded  and  recog- 
nized as  an  essential  element  of  our  political  systems ; 
and  that  the  Bible  has  been  universally  received  among 
us  as  at  once  the  source  of  such  a  Christianity,  and  the 
depository  and  fountain  of  all  civil  and  religious  free- 
dom. This  is  an  American  common  law  axiom  estab- 
lished by  our  whole  history,  which  I  have  endeavored 
to  elucidate  in  tracing  to  their  source  the  true  princi- 
ples of  freedom  in  our  institutions  of  government, 
wherever  and  however  feebly  disclosed,  wherever  and 


BOO 


THE  GOVERNMENTAL    HISTORY   OF 


Part  II.  new  England. 


The  colony  however  obscurely  developed.  I  did  not  expect  to  ac- 
Haven.  complish  SO  laborious  and  responsible  a  task  without 
plodding  my  way  through  a  deal  of  baser  matter,  and 
coming  in  contact  with  much  which  might  sicken  my 
vision,  or  offend  my  taste,  or  perchance  even  provoke 
my  indignant  condemnation.  Still  behind  these  moun- 
tains I  feel  that  there  is  sunshine.  Amid  these  heaps  of 
loose,  decaying,  and  even  offensive  rubbish,  I  know  there 
is  life.  And  while  we  rejoice  in  a  superstructure  so 
beauteous  and  attractive  in  its  strength,  its  extent,  its 
proportions  and  its  years,  we  ought  not  to  forget  that 
all  its  institutions  of  freedom  and  all  its  prosperity,  rest 
on  no  other  basis  than  such  as  was  laid  by  our  puritan 
forefathers  who  planted  New  England.  It  is  true  that 
that  element  of  political  liberty  inherent  in  their  prot- 
estantism, whose  tendency  I  have  claimed  it  was  to  sep- 
arate and  yet  preserve  in  harmonious  existence  the 
church  and  the  state,  with  full  freedom  in  either  to 
exercise  its  essential  prerogatives,  had  not  yet  reached 
the  maturity  of  its  development.  But  I  have  carefully 
traced  its  origin,  we  have  noted  thus  far  its  progression ; 
and  the  existence  of  «ur  own  civil  and  religious  insti- 
tutions in 'perfect  harmony  with  our  federal  and  state 
relations  to-day,  declare  its  triumph. 


Upon  the       ^  P^^s  on  now  to  the  restoration  and  accession  of 
restoration  Charles  II.     During  the  agitations  of  the  civil  war  in 
monarchy,  England,   the    plantations   of    Connecticut   and   New 
^^^^'         Haven  had  steadily  advanced  in  prosperity,  and  rapidly 
extended  their  thriving  settlements  along  the  valley 
of  the  Connecticut  river  and  the  coast  of  Long  Island 
Sound.     Their  institutions  of  government,  education, 
and  religion,  had  assumed  the  appearance  and  gave 
Peculiarity  assurance  of  permanency.     It  was  their  good  fortune 
origin^and  *^^^*  their  Origin  and  growth  were  sheltered,  as  it  were, 
growth,     behind  the  Massachiisetts  Bay  company  whence  they 
emanated,  and  which  was  made  the  object  of  any  ex- 
isting hostility  or  dissatisfaction  on  the  part  of  the 


THE   UNITED   STATES   OF   AMERICA.  801 

THE    COLONIES    OF    CONNECTICUT    AND    NEW    HAVEN.  PaRT    II. 

crown  during  the  supremacy  of  the  regal  power,  or  of 
the  parliament  under  the  commonwealth,  or  of  Crom- 
well during  his  protectorate.      Thus  they  were  in  a 
measure  exempted  from  those  bitter   experiences    of 
foreign  interference,  which,  from  time  to    time,  dis- 
turbed the  elder  and  parent  colony.     Indeed,  however 
characterized,   the    sovereign   power    at    home   itself  How  ad- 
seemed  to  look  upon  Rhode  Island,  Connecticut  and  [^°*j^^^^°'*^ 
New  Haven  merely  as  offshoots  from  Massachusetts 
Bay,  of   indifferent  growth,  and  which  were  sure  to 
follow  her  fortunes  and  her  fate.     Hence  these  adven- 
iurers  experienced  less  of  its  resentment,  and  were 
more  ready  to  admit  its   superintending   care    when 
occasion  demanded.     Hence,  on  the  fourteenth  day  of 
March,  1661,  John  Winthrop,  Jr.,  the  son  of  governor 
Wuithrop  of  Massachusetts  Bay,  being  governor,  the 
people  of  Connecticut  in  general  court  assembled — 
^''concluded  and  declared,  that  it  was  their  duty,  andRecogni- 
very  necessary,  to  make  a  speedy  address  to  his  sacred  charies  ii. 
majesty,  our  sovereign  lord  Charles  the  second,  king  by  the 
of    England,   Scotland,  France,  and   Ireland;    to   ac-ct.,  leei. 
knowledge  our  loyalty  and  allegiance  to  his  highness, 
hereby   declaring   and    professing    ourselves,  all   the 
inhabitants  of  this,  colony,  to  be  his  highnesses  loyal 
and  faithful  subjects — Arid  do  further  conclude  it  neces- 
sary that  we  should  humbly  petition  his  majesty  for 
grace  and  favor,  and  for  the  continuance  and  confirma- 
tion of  such  pri\ileges  and  liberties  as  are  necessary  *i  Colonial 
for  the  comfortable   and  peaceful   settlement  of  this  gg ''°''^^' 
colony."* 

There  was  a  degree  of  political  shrewdness,  and  Its  policy, 
statesmanlike  forecast,  in  these  proceedings,  which  is 
worthy  of  particular  observation.  They  would  thus 
avoid  the  chance  of  becoming  involved  as  parties  to 
any  controversy  which  might  arise  between  the  Massa- 
chusetts Bay  company  and  the  crown  ;  secure  to  them- 
selves a  corporate  existence  independent  of  that  colony; 
while  their  voluntary  recognition  of  the  restored  mon- 


302  THE   GOVEENMENTAL    HISTORY   OP 


Part  II.  new  England. 


Connect!-    archy  was  calculated  to  win  towards  them  the  good- 

*^"l*  Tt      ^^^^  ^^  *^^®  king,  if  perchance  the  significant  omission 

petitionforof  his  title  of  "Defender  of  the  Faith  ".did  not  attract 

from  th?    his  observation  or  awaken  apprehension. 

crown,  jt^i  a  subsequent   meeting  of  the  general  court,  a 

committee  was  appointed  in  pursuance  of  the  foregoing 

resolution,  to  prepare  a  suitable  petition  to  be  addressed 

to  the  crown,  which  was  reported  and  approved  on  the 

seventh  day  of  June  following,  viz. : 

Petition  to  his  majesty^  King  Charles  IL,for 
charter  privileges. 
The  pe-  "  The  humble  petition  of  the  general  court,  at  Hart- 

ford, upon  Connecticut,  in  New  England,  to  the  high 
and  mighty  prince,  Charles  the  second,  humbly  show- 
Disadvan-  jjjp. — That  WHEREAS  vour  petitioners  have  not  had,  for 

tages  of  °  .     *■      ,     .  .  ,.,,.. 

the  inter-  many  years  past,  since  their  possession  and  inhabiting 
regnum.  i\^q^q  western  and  inland  parts  of  this  wilderness,  any 
opportunity,  by  reason  of  the  calamities  of  the  late 
sad  times,  to  seek  for  and  obtain  such  grants  by  letters 
pattents  from  your  excellent  majesty,  their  sovereign 
lord  and  king,  as  might  assure  them  of  such  liberties 
and  privileges,  and  sufficient  powers,  as  might  encour- 
age them  to  go  on  through  all  difficulties,  hazards,  and 
expenses,  in  so  great  a  work  of  plantation,  in  a  place 
so  remote  from  the  christian  world,  and  a  desert  so 
difficultly  subdued,  and  no  way  improvable  for  subsist- 
ence, but  by  great  cost  and  hard  labour,  with  much 
patience  and  cares. 
Expenses  ^'■And  whereas^  besides  the  great  charge  that  hath 
the?^setti?-  ^^^^  expended  by  our  fathers,  and  some  of  their  asso- 
meuts.  ciates  yet  surviving,  about  the  purchases,  building, 
fortifying,  and  other  matters,  of  culturing  and  improv- 
ing to  a  condition  of  safety  and  subsistence,  in  the 
places  of  our  present  abode  among  the  heathen, 
whereby  there  is  a  considerable  and  real  addition  to 
the  honor  and  enlargement  of  his  majesty's  dominion, 
by  the  sole  disbursements  of  his  majesty's  subjects 
here ;  of  their  own  proper  estates  they  have  laid  out  a 


THE  UNITED   STATES  OP  AMERICA.  303 

THE    COLONIES    OF    CONNECTICUT    AND    NEW    HAVEN.  PaRT    II. 

very  great  sum  for  the  purchasing  a  jurisdiction  right  Petition 
of   Mr.   George  Fenwick,  which   they  were  given  to  °^  ^P"' 
understand  was  derived  from  true  royal  authority,  by  for  a  char- 
letters  pattent  to  certain  lords  and  gentlemen  therein  the  crown 
nominated,  a  copy  whereof  was  produced  before  the  ^*''^^- 
commissioners  of  the  colonies,  and  approved  by  them, 
as  appears  by  their  records,  a  copy  whereof  is  ready  to 
be    presented   at    your    majesty's   command,  though, 
either  by  fire  at  a  house  where  it  had  been  sometimes  Title  from 
kept,  or  some  other  accident,  it  is  now  lost ;  with  which  j^gQ^fck^^*^ 
your  poor  subjects  were  rather  willing  to  have  contented 
themselves  in  those  afflicting  times,  than  to  seek  for 
power  or  privileges  from  any  other  than  their  lawful 
prince  and  sovereign. 

'■'May  it  therefore  please  your  most  gracious  and  excel- Vra.jer  for 
lent  majesty^  to  confer  upon  your  humble  petitioners,  ^^  thelr*^^ 
who  unanimously  do  implore  your  highnesses  favor  and  title, 
grace  therein,  those  liberties,  rights,  authorities,  and 
privileges,  which  were  granted  by  the  aforementioned 
letters  pattent  to  certain  lords  and  gentlemen,  so  pur- 
chased as  aforesaid,  or  which  were  enjoyed  from  those 
letters  pattent  granted  to  the  Massachusetts  plantation 
by  our  fathers,  and  some  of  us  yet  surviving,  when 
there  in  our  beginning  inhabiting,  and  upon  which 
those  large  encouragements,  liberties,  and  privileges, 
so  great  a  transplantation  from  our  dear  England  was 
undertaken,  and  supposed  to  be  yet  our  inheritance, 
till  the  running  of  that  western  line,  the  boiinded 
limits  of  those  letters  pattents,  did,  since  our  removal 
thence,  determine  our  lot  to  be  fallen  without  the 
limits  of  that  so  bounded  authority. 

^'■May  it  please  your  majesty    graciously  to  bestow  For  further 
upon  your  humble  supplicants  such  royal  miinificence,?^^^^'"^'^''' 
according  to  the  tenor  of  a  draft  or  instrument,  which 
is  ready  here  to  be  tendered  at  your  gracious  order. 

^^And  whereas,  besides  those  many  other  great  dis- 
bursements as  aforesaid,  in  prosecution  of  this  wilder- 
ness work,  your  poor  petitioners  were  forced  to  main- 


304  THE   GOVERNMENTAL   HISTORY   OP 


Part  II.  kew  englanh. 


Petition     taiii  a  war  against  one  nation  of  the  heathens,  that  did 
necd^u't     inuch  interrupt  the  beginning  of   your  servants,  by 
for  a  char-  many  bloody  and  hostile  acts,  whereby  divers  of  our 
the  crown  dear  countrymen  were  treacherously   destroyed,  and 
1661.         have,  also,  been  ever  since,   aiid    are    still,  at  much 
charge  in  keeping  such  a  correspondence  of  peace  and 
Relations   amity  with  the  divers  sorts  of  the  heathen  nations  that 
Indians^    are  rouiid  about  your  plantations,  thus  far  extended 
into  the  bowels  of  the  country,  besides  the  maintenance 
of  all  public  charges  for  church  and  civil  affairs,  which 
are  very  great  in  respect  of  our  great  poverty. 
Prayer  for     "-M«^  it  please  youT  most  excellent  majesty^  out  of 
exemption  y^^j.  princely  bounty,  to  grant  such  an  immunity  from 
toms.         customs,  as  may  encourage  the  merchants  to  supply 
our  necessities  in  such  commodities  as  may  be  wanting 
here,  for  which  we  have  neither  silver  nor  gold  to  pay ; 
but  the  supply  in  that  kind  may  enable,  in  due  time, 
to  search  the  bowels  of  the  earth  for  some  good  min- 
erals, whereof  there  seems  to  be  fair  probabilities,  or 
produce  some  such  other  staple  commodities,  as  may, 
in  future  time,  appear  to  be  the  good  eifects  of  your 
majesty's  goodness  and  bounty.     If  your  poor  colony 
may  find  this  gracious  acceptance  with  your  majesty, 
as  to  grant  their  humble  desire,  whereby  they  may  be 
encouraged  to  go  on  cheerfully    and  strenuously  in 
their  plantation    business,  in  hope   of  a   comfortable 
settlement   for   themselves    and    their    posterity,  that 
under  your  royal  protection  they  may  prosper  in  this 
desert ;  they  shall,  as  is  their  acknowledged  duty,  ever 
pray  for  your   great    tranquility   and  perpetual   hap- 
piness ;    and   humbly    craving    leave,    they    subscribe 
themselves  your  majesty's  loyal  subjects  and  servants, 
the   general  court  of  the  colony  of   Connecticut,  in 
New  England ;  per  order., 
*i  Col  Rec  Daniel  Clark,  Secr'y." 

of  Conn.,       "June  7th,  1661."* 

511.  


Governor ^Winthrop,  Jr.,  was  appointed  agent  to  pre- 
sent the  foregoing  petition  to  the  crown  on  behalf  of 


THE  UNITED    STATES   OF   AMERICA.  305 

THE    COLONIES    OK    COXNECTICCT    AND    NEW    HAVEN.  PaRT    II. 

the  colony;  and  "to  improve  liis  abilities  to  procure  ai-^ettcrof 

pattent,  it  was  ordered  and  enacted  that  his  charges  and  ta-ut  to' 

expenses  should  be  defrayed  out  of  .£500  set  apart  for^^oni  Sey 
TT  /.        •  1      1      •  1       1  '^"*^  Scale, 

the  purpose.       He  was  furnished  with  a  letter  or  memo-  on  peti- 

rial  addressed  to  Lord  Sey  and  Scale  of  the  same  date  *'Xri?' 
with  the  petition,  which  fully  sets  forth  the  position  and  I66i. 
object  of  the  colony  of  Connecticut   in  making   this 
application  for  a  royal  charter.     It  reads : 

"  Right  Honorable.    The  former  encouragements  that 
our  fathers,  and  some  of  their  yet  surviving  associates, 
received  from  your  honor  to  transplant  themselves  and 
families  into  these  inland  parts  of  this  vast  wilderness, 
where  (as  we  have  been   given   to  understand)  your 
honor  was,  and  as  we  conceive  and  hope  is  still,  interest- 
ed, by  virtue  of  pattent  power  and  authority,  doth  not 
only  persuade  us,  but  assure  us  of  your  patronage  and 
favor,  in  that  which  may  come   within  your  power, 
wherein  our  comfort  and  settlement,  and  the  well-being 
of  our  posterity  and  the  whole  colony,  both  in  civil  and  Their  set- 
ecclesiastical  policy,  is  so  deeply  concerned:     Honor- i^l^'^^^^l 
able  sir;    not   long   after   that  some  persons  of  note ^o^^raged. 
amongst  us,  and  well  known  to  yourself,  whose  names 
in  that  respect  we  forbear  to  write,  had  settled  upon 
this  river  of  Connecticut,  and  some  plantations  up  the 
river  were  possessed,  and  in  some  measure  improved, 
Mr.  George  Fenwick  took  possession  of  Seybrook  fort, 
there  residing  for  certain  or  several  years ;  at  length  he 
was  moved,  for  ends  best  known  to  himself,  to  return 
to  England,  and  thereupon  propounded  by  himself  our 
agent,  the  sale  of  the  fort,  with  the  housing  there,  and  Xegotia- 
several  appurtenances,  together  with  all  the  lands  on  jj*^"^"''*^ 
the  river,  and  so  to  the  Narragansetts  Bay,  with  juris-  wick  for 
diction  power   to  this  colony,  which  was  exceedingly  ""'^-^  ^^^  ' 
opposed  by  several  amongst  us,  wliom  some  of  us  have 
heard  to  affirm  that  such  a  thing  would  be  very  distaste- 
ful to  your  honor,  with  the  rest  of  the  noble  pattentees, 
who  had  very  bountiful  intentions  to  this  colony :  Nev- 
ertheless, tho'  there  was  a  stop  for  the  present,  yet  in 
20 


806  THE   GOVERNMENTAL   HISTORY   OF 

Part  II.  new  England. 

Letter  of  soiiic  slioi't  time  (God  removing  some  from  us  by  death, 
ticutto'  t^^^^  were  interested  in  the  hearts  and  affections  of  sev- 
Lord  Sey    eral  of  those  nobles  and  o-entlemen,  the  pattentees  in 

and  Seale 

on  peti-  '  England)  the  business  of  purchase  was  revived  by  Mr. 
a^'han  ^"'^^cnwick,  and  expressions  to  this  purpose  given  out  by 
166L         him,  or  his  agents,  or  both ;  that  he  had  power  to  dis- 
pose of  the  premises,  the  rest  of  the  pattentees  deserting, 
it  fell  into  his  hands  by  agreement,  and  in  case  the 
towns  on  the  river  refused  to  comply  with  such  terms 
as  he  proposed  for  the  purchasing  of  the  said  fort,  &c., 
it  was  frequently  reported  that  he  purposed  either  to 
impose  customs  on  the  river,  or  make  sale  thereof  to 
the  Dutch  our  noxious  neighbors ;  at  last,  for  our  peace, 
and  settlement,  and  security,  (as  we  hoped)  we  made, 
by  our  committee,  an  agreement  with  the  said  Mr.  Fen- 
wick,  a  copy  whereof  is  ready  to  be  presented   unto 
your  honor,  which  cost  this  river  one  thousand  six  hun- 
dred pounds,  or  thereabouts,  wherein  your  honor  may 
see  the  great  abuse  that  we  received  at  Mr.  Fen  wick's 
hands,  he  receiving  a  vast  sum  from  a  poor  people,  and 
we  scarcely  at  all  advantaged  thereby ;  nay,  we  judge 
Difficulties  our  condition  worse  than  if  we  had  contented  ourselves 
title.  "^i^^^  the  patronage  of  the  grand  pattentees,  for  we  have 

not  so  much  as  a  copy  of  a  pattent  to  secure  our  stand- 
ing as  a  commonwealth;  nor  to  insure  us  of  the  con- 
tinuance of  our  rights,  and  priviliges,  and  immunities, 
which,  we  thought,  the  jurisdiction  power  and  authority 
which  Mr.  Fenwick  had,  engaged  to  us,  and  we  paid  for 
at  a  dear  rate ;  nor  any  thing  under  his  hand  to  engage 
him  and  his  heirs,  to  the  performance  of  that  which 
was  aimed  at  and  intended  in  our  purchase :  The  lands 
up  the  river  for  a  long  tract  the  Mattachusetts  colony 
doth  challenge,  and  have  run  the  line,  which,  as  they 
say,  falls  into  one  of  our  towns.  On  the  other  side 
towards  Narragansett  we  know  not  how  to  claim, 
being  destitute  of  pattent  and  a  copy  to  decide  the 

Their  ad-     hounds. 
dress  to  lllS 

majesty.         "  Be  pleased,  Noble  Sir,  to  consider  our  condition,  who 


THE   UNITED    STATES   OF   AMERICA.  307 

THE    COLONIES    OF    CONNECTICUT    AND    NEW    HAVEN.  PaRT    II. 

have  taken  upon  us  this  boldness  to  address  to  his  majcs-  licttor  of 
ty,  our  sovereign  lord,  and  to  petition  his  grace  and  favor  ti^j^^o' 
towards  us,  in  granting  us  the  continuance  of  those  ^^"'''^  ^cy 

.    .,.  ,  .  ...  ...  .  aid  Seale, 

priviligcs  and  immunities  that  we  have  hitherto  enjoyed  on  peti- 
in  this  remote  western  part  of  the  world ;  and  likewise  l^^^^^^J'^^ 
for   a  pattent  whereby  we   may  be  encouraged   and  loei. 
strengthened  in  our  proceedings. 

"  Right  Honorable^  our  humble  request  to  yourself  is, 
that  you  would  be  pleased  to  countenance  our  enter- 
prise, and  so  far  to  favor  us  as  to  counsel  and  advise 
our  agent,  who  is  to  represent  this  poor  colony,  and  to 
act  in  our  behalf,  John  Winthrop,  Esq.,  our  honored 
governour,  whom  we  have  commissioned,  and  also  direct- 
ed, to  await  your  honor's  pleasure  for  advice  and  coun- 
sel, both  respecting  our  petition  to  the  king's  majesty, 
as  also  respecting  the  case  aforementioned,  that  if  there 
be  any  relief  for  us,  we  may  not  lose  such  a  consider- 
able sum  of  money,  and  be  exposed  to  further  expense 
for  the  obtaining  a  pattent. 

"If  we  may  find  this  favor  with  your  honor  to  afford 
your  advice  and  counsel,  and  helpfulness  to  bring  to 
pass  our  desires,  we  shall  still  acknowledge  your  en- 
larged bounty  and  favorable  respect  to  us  and  ours,  and  Conclusion 
ever  pray  an  inundation  of  mercies  may  flow  in  upon  ^l  *'^^  '^*" 
your  lordship  from  the  author  and  fountain  of  blessing. 
With  all  due  respects,  we  subscribe,  sir,  your  lordship's 
humble  servants  the  general  assembly  of  the  colony  of  i  Trum- 
Connecticut.     Per  their  order  signed  ^"'l?  ^^^' 

»  necticut. 

Per  Daniel  Claek,  Sec'y.     5 is. 


"With  these  and  other  like  preliminary  preparations^ 
Governor  Winthrop  proceeded  on  his  mission  to  Eng- 
land, He  arrived  in  London  in  the  fall,  of  the  same 
year,  and  at  once  sought  the  Lord  Sey  and  Seale  as  the 
most  reliable  patron  of  his  enterprise,  to  secure  whose 
commanding  influence  seemed  a  requisite  all  impor- 
tant to  his  success.  He  prefaced  his  operations  by 
addressing  a  letter  to  that  nobleman  who  was  not  then 


308  THE   GOVERNMENTAL   HISTORY   OP 

Part  II.  new  England. 

Negotia-     in  Loiitloii,  enclosing  the  letter  of  the  general  court; 
Mr!*win-    ^^  which  lie  received  a  reply  dated  December  eleventh, 

throp  for  a  as  folloWS,  viz  : 

"Mr.    Winthrop, — I   received   your  letter,   by   Mr. 
Richards,  and  I  would  have  been  glad  to  have  had  an 
opportunity  of  being  at  London  myself  to  have  done 
you,  and  my  good  friends  in  New  England,  the  best 
service  I  could;  but  my  weakness  hath  been  such,  and 
my  old  disease  of  the  gout  falling  upon  me,  I  did  desire 
leave  not  to  come  up  this  winter ;  but  I  have  written  to 
the  Earl  of  Manchester,  Lord  Chamberlain  of  his  majes- 
Letter  of    ty's  household,  to  give  you  the  best  assistance  he  may, 
and  Scale  ^^^^  indeed  he  is  a  noble  and  worthy  Lord,  and  one  that 
London,     loves  thosc  that  are  godly.      And  he  and  I  did  join 
leci.    '     together  that  our  godly  friends  of  New  England  might 
enjoy  their  just  rights  and  liberties ;  and  this  Colonel 
Crowne,  who  I  hear  is  still  in  London,  can  fully  inform 
you:     Concerning  that  of  Connecticut,  I  am  not  able 
to  remember  all  the  particulars,  but  I  have  written  to 
my  Lord  Chamberlain,  that  when  you  shall  attend  him, 
(which  I  think  will  be  best  for  you  to  do,  and  therefore 
I  enclose  a  letter  to  him,  in  yours,  that  you  may  deliver 
it)  and  I  have  desired  him  to  acquaint  you  where  you 
may  speak  with  Mr.  Jesup,  who,  when  he  had  the  pat- 
tent,  was  our  clerk,  and  he  I  believe,  is  able  to  inform 
*  1  Trum-  you  best  about  it,  and  I  have  desired  my  Lord  to  wish 
of'coun!^   bim  so  to  do.     I  do  think  he  is  now  in  London.     My 
^^^-  love  remembered  unto  you,  I  shall  remain 

Your  very  loving  friend, 

W.  Sey  and  Seale.* 


Interview       Under  these  auspices  governor  Winthrop  went  more 

of  Gov.      directly  to  work   to   accomplish    the    purposes  of  his 

with  "^"^  agency,   and   appeared    before    Charles   II.   to    solicit 

Charles  II.  r^   charter   of    incorporation    for    the    infant    colony. 

Whether  we  consider   the   man,  his   mission,  or   tlie 

monarch  to  whom  he  addressed  himself,  the  occasion 

and    the    sceiie    were    thrillingly    interesting,    impor- 


THE   UNITED   STATES   OF   AMERICA.  309 

THE    COLOMKS    OF    CONNECTICUT    AND    NEW    HAVEN.  I'aRT    II. 

taut,  and  impressive.  The  subjects  who  had  gone  out 
as  exiles  from  the  kingdom  and  planted  themselves  on 
a  far  distant  shore,  and  grown  into  an  independent  com- 
munity during  the  agitations  of  a  revolution  which 
sought  to  annihilate  all  the  prerogatives  of  kingly  power 
in  the  parent  state,  now  return  in  the  person  of  their  • 

own  political  head,  chosen  by  their  own  suffrages,  and 
ask  that  their  political  existence  and  institutions  may 
be  acknowledged  and  secured  to  them,  by  the  sanction  The  occa- 
of  a  monarch  who  had  just  come  up  to  his  throne  fresh  ^jj'^J^^^jfg 
from  the  horrors  and  the  blood  of  that  same  revolu- 
tion. 

Well  might  the  agent  for  the  colony  doubt  the  suc- 
cess of  his  petition  ;  well  might  the  panting  monarch 
hesitate  to  grant  it.  Still  Winthrop  had  the  benefit 
of  an  engaging  person,  affable  manners  and  courtly  ac- 
complishments, and  was  backed  by  an  array  of  power- 
ful friends  and  allies.  Charles  was  not  unmoved  by 
these  advantages,  and  yet  he  seemed  seriously  to  feel 
the  political  importance  of  his  position  in  the  premises, 
and  whatever  other  influences  may  have  been  lirought 
to  bear  upon  him  he  would  probably  have  refused  to 
grant  the  charter,  but  for  an  appeal  made  to  his  heart 
which  overpowered  his  more  careful  judgment.  The 
instrument  was  all  prepared  and  it  waited  only  the  great 
seal  and  the  king's  autograph,  to  perfect  it.  Winthrop  „, 
was  a  finished  diplomatist,  and  undoubtedly  chose  the  ter  procur- 
fittest  moment  for  his  purpose.  He  approached  his^g'^j  j^ggg 
majesty  with  the  charter  in  hand,  and  drew  from  his 
own  finger  a  favorite  ring  which  Charles  I.  had  presented 
to  his  grandmother.  Feelingly,  yet  courteously,  he 
presented  it  to  the  king,  coupling  the  presentation  with 
well-conceived  and  well-uttered  assurances  of  loyalty. 
The  charter  of  Connecticut  received  the  royal  seal  and 
signature  on  the  twenty-third  day  of  April,  1662. 

This  grant  incorporated  the  patentees  under  it  as  style  of 
The  Governor  and  Company  of  the   E)ig-lish  Colony  of  ^^^^.^^^^' 
Connecticut  in,  New  England  in  America.     John  Win- 


310  THE   GOVERNMENTAL   HISTORY   OP 

Part  II.  new  England. 

tlirop  was  thereby  appointed  governor  ;  John  Mason 
deputy  governor,  with  twelve  others  named  as  assist- 
ants. 

Under  it  the  same  general  form  of  government  and 
administration  was  continued  in  the  colony  which  had 
•  previously  obtained.     The  charter  itself  was  sought  for 

and  regarded  by  the  people  more  as  a  grant  of  title  in 
the  territory,  and  a  guarantee  of  their  liberties  from  the 
crown,  than  the  basis  for  any  essential  modification  of 
Reception  their  existing  constitution  and  laws.     It  was  received 
charter      ^^^  ^^^^  colony  and  "  publicly  read  in  the  audience  of  the 
iu  the  coio- freemen,  and  declared  to  belong  to  them  and  their 
"^'      "■    successors,"  at  Hartford,  October  ninth.     A  commit- 
tee of    three    persons   was    instantly   appointed   "  to 
take  the  charter  into  their  custody,  in  behalf  of  the 
freemen;"  the  court  first  administering  to  them  an 
Proceed-    oath  for  the  due  discharge  of  the  trust  committed  to 
umm.  '^'^'them.     At  the  same  time  it  was  enacted  and  decreed, 
"  that  the  town  of  Hartford  should  thereafter  be  the 
settled  place  for  the  convocation  of  the  general  assem- 
bly, at  all  times,  unless  upon  occasion  of  epidemical 
diseases,    sickness,  or  the   like."     All  officers  in  the 
colony,  both  civil  and  military,  were  "  established  iu 
their  respective    places    and  power   as  formerly  until 
*iTrum-  further  order."* 

Rec.^^^'"  ^^^^  "^^^^  important  feature  in  this  patent  with 
which  we  are  at  present  concerned  was,  that  it  embraced 
within  its  precincts  the  two  colonies  of  Connecticut 
and  New  Haven.  It  did  not  refer  in  words  to  the  latter, 
still  it  included  its  territorial  limits  within  the  terms 
of  the  grant.  Tliat  the  distinct  existence  of  the  planta- 
tion at  New  Haven  should  have  been  overlooked  or  dis- 
regarded seemed  at  least  something  strange.  The 
manner,  too,  in  which  the  charter  was  received  and  dis- 
posed of  on  its  arrival,  and  the  instant  assumption  of 
power  under  it  by  the  government  of  Connecticut, 
without  advising  with  New  Haven,  seemed  likewise  sin- 
gular.    The  governor  and  all  the  officers  named  in  the 


THE   UNITED   STATES   OP   AMERICA.  '     311 

TIIK    COLONIES    OF    CONNECTICUT    AND    NEW    HAVEN.  PaRT    II. 

patent  belonged  in  Connecticut.     It  is  not  therefore ''''**^  5=''"- 

tcr    now 

surprising  that  the  government  of  the  colony  of  New  regarded 
Haven  were  indignant  at  these  proceedings  on  the  part  y^^^^*^^ 
of  Connecticut.  They  insisted  that  the  whole  thing 
was  an  unjust  and  impertinent  interference  with  their 
rights  and  independence.  They  protested  not  only 
against  the  proceeding  under  which  the  grant  was  pro- 
cured, as  in  itself  insolent  and  offensive  ;  but  insisted 
also  that  the  construction  given  to  it  by  Connecticut 
was  an  infringement  of  their  prerogatives.  They 
claimed  that  it  did  not,  and  was  not  intended  to  include 
them  in  its  provisions,  and  they  therefore  determined 
to  adhere  to  their  own  separate  organization  and  gov- 
ernment. The  contest  between  them  was  carried  on 
with  rancorous  hostility  ;  nor  was  it  at  all  softened  by 
the  subsequent  action  of  the  general  court  of  Connecti- 
cut whereby — "  the  court  voted  that  they  would  not 
send  the  pattent  nor  copy  thereof  to  be  read  at  New  *  i  Trum- 

TTnvPn  "*  bull's  Col. 

■ti'^'^en.  Kec,  405. 

But  it  is  not  necessary  to  my  purpose  to  enter  into 
the  details  of  this  controversy  between  the  two  colonies. 
The  case  to  them  was  not  without  its  difficulties. 
These  originated  mostly  in  the  variety  of  sources  whence 
the  titles  to  the  different  settlements  were  derived. 
There  was  the  commission  of  Lord  Sey  and  Scale,  and 
others,  patentees  of  the  crown,  to  the  junior  Winthrop, 
dated  July  seventh,  1635,  authorizing  him  to  erect  a 
trading  station  at  or  near  the  mouth  of  the  Connecti- 
cut river,  and  which  was  subsequently  transferred  to 
Col.  Fenwick,  under  the  same  patronage  in  England. 
Then  there  was  the  commission  issued  out  of  the  gene- 
ral court  of  Massachusetts  Bay  for  the  government  of 
Connecticut.  After  this  followed  the  purchase  of  Say-  March  3, 
brook  from  Col.  Fenwick  ;  superadded  to  all  these  there  ^^^^' 
existed  a  claim  on  the  part  of  Connecticut,  based  upon 
the  conquest  of  the  country  from  the  Indians  in  the 
Pequot  war. 

From  all  these  sources  Connecticut  derived  her  show 


312  THE   GOVERNMENTAL   HISTORY   OP 

Part  II.  new  England. 

Contro-      of  title  to  the  territory,  and  insisted  on  its  priority  to 

vcrsv  1)C- 

tween  the  that  of  Ncw  Haven,  while  the  latter  plantation  based 
two  colo-    jjgp  claims  on  no  other  source  than  the  purchase  from 

nies  about  '■ 

the  char-  the  Indians  ;  or  in  more  modern  phrase  perhaps,  her's 
ter,  b  ■  -  .  ^^^g  nierely  the  right  of  pre-emption  in  the  soil.  Un- 
der this  state  of  facts  1  cannot  for  myself  see  that  any 
injustice  was  done  to  New  Haven  in  the  application  of 
the  colony  of  Connecticut  for  a  patent  from  the  crown. 
It  is  no  objection  that  the  charter  itself,  as  stated  in 
their  petition,  was  drafted  in  the  colony,  so  long  as  the 
description  of  its  precincts  was  based  upon  the  forego- 
ing sources  of  title.  Without  any  prejudices  or  feeling 
in  favor  or  against  either  party  to  the  controversy,  it 
is  difficult  to  see  that  the  colony  of  New  Haven  had 
even  the  shadow  of  a  title  such  as  would  sustain  a  pro- 
test against  the  issuing  of  a  charter  to  the  people  of 
Connecticut.  So  far  as  we  can  judge  of  it,  I  am  in- 
clined to  think  that  her  hostility  is  referable  to  the 
distinctive  religious  opinions  and  political  aims  of  a 
few  ambitious  and  aspiring  men,  rather  than  to  any 
general  sentiment  of  dissatisfaction  among  the  people. 
Those,  however,  who  desire  more  curiously  to  specu- 
late in  the  premises,  may  find  the  case  of  New  Haven 
very  ably,  if  not  correctly,  stated  in  an  order  of  the 
general  court  of  that  colony,  bearing  date  March  9, 
*lHollis-  1663.* 

Conn.  ^^*        ^^^^  result  of  the  controversy  was  an  appeal  to  the 
■A^PP'         crown.     This  appeal  was  arrested  by  assurances  on  the 
part  of  the  agent  who  had  been   deputed  to  procure 
the  charter,  that  the  union   should  not  be  considered 
complete   unless    it   was    voluntarily    assented   to   by 
New  Haven.     But   Connecticut,  notwithstanding,  per- 
sisted  in    claiming  that  "the    distinct  standing  from 
them   in  point  of    government  by   New   Haven,   was 
directly  opposite   to   the  tenor   of  the    charter  lately 
f  1  Trum-  granted,  in  which  both  plantations  were  inclosed,"!  and 
Rec.^  437.  proceeded  to  exercise  jurisdiction  over  the  towns  and 
territory  within  the  limits  claimed  by  the  colony  of  New 


THE  UNITED   STATES   OP   AMERICA.  313 


THE    COLONY    OF    CONNECTICUT.  PaKT    II. 

Haven.     After  a  spirited  course  of  correspondence  and  Union  of 
negotiation,  however,  and  certain  concessions  and  stipu- ^.^^^^  J^'^g 
lations  made  in  favor  of  New  Haven,  the  enmity  was  "ndtr  the 
allayed,  and  the  two  colonies  became  fully  and  insepa-  conu., 
rably  united  under  the  same  form  of  government,  in  ^'^'^•^• 
November,  1664. 

At  a  subsequent  meeting  of  the  general  court,  held  ah  ani- 
at  Hartford,  in  April  following,  it  was  voted,  "  this  court  ^^^^^'^ly 
doth  hereby  declare   that  all  former  actings  that  have  order  of 
past  by  the  former  power  at  New  Haven,  so  far  as  they  iggs.      ' 
have  concerned  this  colony,  (whilst  they  stood  as  a  dis- 
tinct colony)  though  they  in  their   own   nature   have 
seemed  uncomfortable  to  us,  yet  they  are  hereby  buried  *  ^.J''^",' 
in  perpetual  oblivion,  never  to  be  called  to  account."*    Rec,  440. 

The  magistrates,  assistants  and  delegates  of  the  people  Division  of« 
sat  together  as  one  house  until  the  year  1698,  when  the  *^®  g*^°f' 

*=  •'  '  ral  court, 

general  court  was  divided  into  two  branches,  the  magis- 1698. 
trates  and  assistants  composing  the  upper  house,  and 
the  delegates  the  lower  house. 

In  1675,  Sir  Edmond  Andros,  then  governor  of  the  goy.  An- 
province  of  New  York,  attempted  to  usurp  authority  *^[^^'  ^*" 
over  a  portion  of  the  territory  comprehended  within  upon  Ct. 
the  limits  of  the   patent   to  Connecticut.     He   sailed 
from  the  city  of  New  York,  then  New  Amsterdam,  for 
this  purpose,  with  a  small  fleet,  and  proceeded  to  Say- 
brook,  where  he  hoisted  the  king's  flag  and  demanded 
a  surrender  of  the  fort.     He  was  answered,  however, 
by  a  display  of  the  same  flag  and  vigorous  preparations 
for  a  defence  of  the  place.     He  was  permitted  to  land, 
and  upon   landing   attempted  to  read  his  commission 
from  the  crown,  but  being  opposed  in  a  manner  which 
forewarned  him  of  the  result  if  he  persisted,  he  returned 
to  New  York  without  having  established  his  jurisdic- 
tion over  it.     He  returned  again  in  about  ten  years  Accession 
from  this  period.     James  H.,  on  his  accession  to  the  jj ''5"^^.^ 
throne,  proposed  to  consolidate  all  the  colonies  of  New 
England — which  had   now   increased  in  population  to 
about  fifty  thousand  inhabitants — by  erecting  over  tlicm 
a  general  colonial    administration.     He  accordingly 


314  THE  GOVERNMENTAL   HISTORY  OP 

Part  II.  new  England. 

Sir  Ed-      commissioned  Sir  Edmond  Aiidros,  as  captain-general 
dros'^a^-'^'  ^^*-^  vice-admiral,  &c.,  empowering  him  with  the  assist- 
pointmcnt  ance  of  a  council  appointed  by  the  crown,  to  rule  over 
ernment  ofthcm,  and  to  make  ordinances  for  their  government. 
New  Eng-  jj^  pursuance  of  this  commission  Andros  proceeded  to 
Boston  and  proclaimed  the  overthrow  of  all  the  New 
Sir  Ed-      England   charters.     He   arrived   in   Hartford    on   the 
mondia     thirty-first  day  of  October,   with   a  part  of  his  coun- 
1687.'       cil   and   a  military   escort.      He    immediately  caused 
proclamation  to  be  made  that  the  government  of  Con- 
necticut was  dissolved.     On  the  twentieth  of  November 
He  enters  ^^6  entered  the  place  where  the  general  assembly  was 
the  assem- |]jQj^   jj^   scssion,  and  demanded  a  surrender  of  their 

bly  and  de- 

mandsthe  patent   from   the  crown.     The    assembly  treated   him 
c  arter.     ^^^|^  ^-^i  outward  rcspcct ;  a  passing   to  and  fro  in  the 

xLis  rcccp-  ,  rt       . 

tion.  house,  the  governor  and  assistants  conferrmg  together, 

and  a  general  stir  among  the  delegates,  gave  the  ap- 
pearance of  preparation  to  comply  with  his  demand, 
while  it  protracted  the  session   into  the  evening,  when 
the  chamber  was  lighted  up  as  if  for  further  consulta- 
tion.    At  length  the  house  seemed  to  have  come  to  a 
The  char-  (decision,  and  the  committee  to  whom  the  charter  had 
brought     been   entrusted   for   safe-keeping,  were  called  upon  to 
assembly,   bring  it  into  court.     It  was  brought  in,  inclosed  in  a 
long  black  box,  under  a  lock  and  key.     The  secretary 
took  the  charter  from  the  box  and  held  it  up  before  the 
assembly,  when  the  governor  directed  him  to  replace 
it  in  the  box,  and  to  lay  it  on  the  table,  and  to  leave  the 
*  1  Hollis-  f^^y  i^  the  box,  which  he  did  forthwith.*     The   lights 
ter'sHist.  were  then  extinguished,  and  Sir  Edmond  and  his  new 

Conn.  p.  o  7 

315,  note.  Subjects  sat  in  darkness  and  silence  togetlier.     While 

The  char-  they  were  thus  employed  the  charter  passed  from  among 

pears^''^'    *^^^"^  ^^^^  found  a  resting  place  in  the  trunk  of  an  oak 

tree  in  the  suburbs  of  the  town,  which  has  been  ever 

since  known  and  venerated  as  the  Charter  Oak.     When 

the  candles  were  relighted  the  box  and  its  contents 

were  nowhere  to  f)e  found.     How  it  went,  and  whither 

it  had  gone,  was  a  matter  of  profound  mystery  to  all. 

Sir  Edmond  Andros  ruled  over  New  England  until 


THE   UNITED   STATES   OF   AMERICA.  315 

THK    COLONY    OF    CONNECTICUT.  PaUT    II. 

the  revolution  of  1688,  in  England.  His  administror 
tion  was  of  the  most  arbitrary  character,  and  signal- 
ized by  frequent  acts  of  high-handed  oppression.  In 
this,  however,  he  but  followed  the  will  and  the  exam- 
ple of  his  sovereign  master,  James  II.  The  one  in 
England  and  the  other  in  America  were  the  embodi- 
ment of  the  same  reckless  spirit  of  tyranny  and  usur- 
pation. The  revolution  which  closed  the  mad  career 
of  the  king  in  the  parent  state,  terminated  also  the  ex- 
altation of  his  captain-general  and  vice-admiral  in  the  On  the  ac- 
colonies  in  America.  When  James  tied  from  his  capi-  wiiiiam 
tol  and  abandoned  his  throne,  the  commission  and  the  ^^^  ^'•^^7- 
power  of  Andros  expired,  and  ceased  to  be  respected 
in  New  England.  On  the  accession  of  William  and 
Mary  he  was  deposed  and  the  colonies  resumed  the  ex- 
ercise of  all  the  rights  and  powers  which  they  had 
enjoyed  under  their  respective  charters. 

The  constitutional  code  adopted  hy  the  colony  of  Con- 
necticut was  derived  chiefly  from  the  Mosaic  Institutes, 
and  declared  those  offences  penal  which  were  so  declared 
in  the  Bible.  It  enjoined  upon  her  officers  and  magis- 
trates a  regular  attendance  upon  public  worship,  was 
rigorous  in  enforcing  the  observance  of  moral  and  re- 
ligious obligations,  and  punished  delinquencies  with 
the  severest  penalties. 

From  this  period  onward  the  progress  of   the  col- Character 
ony  was  not  marked  by  any  fundamental  changes  in  pj^  anif^*** 
her   government   or   institutions    material   to   be   ob-^^^^'^- 
served  until  we   come  to   the   more   general   govern- 
mental history  of  the  colonies,  which  forms  part  third 
of  this  work.     Connecticut  was  less  disturbed  by  those 
divisions  and  conflicts  about  faith  and  forms  of  wor- 
ship, and  remained  more  equably,  pure  and  true  to  the 
original  principles  of   her  puritan  ancestry  than  any 
other  of  the  New  England  colonies.     Even  at  this  dis- 
tant day  we  may  trace  the  beneficial  results  of  what 
have  been  termed  her  "  bigoted  enactments."     The 
were  like  the  early  discipline  of  a  child  in  the  faith 


316  THE   GOVERNMENTAL   HISTORY   OP 

Part  II.  new  England. 

onhrpeo-  ^^^^  precepts  of  religion  and  virtue.  They  stamp  tlieir 
pic  and  impression  ii|X)n  the  heart,  and  manhood  with  the  wis- 
Cormecti-  ^^^^^  bought  by  experience  and  reflection,  only  removes 
cut.  whatever  of  error,  superstition,  or  bigotry,  may  have 

accompanied  their  early  inculcation,  while  the  vital 
principle  itself  remains  to  preserve  from  vice  and  infa^ 
my.  Just  so  has  it  been  with  the  protestant  influences 
set  in  operation  by  the  puritans  in  Connecticut :  Nor 
is  there  any  portion  of  our  now  extended  territory 
where  the  religious  virtues  have  so  powerful  an  ascend- 
ancy ;  or  where  the  moral  character  is  developed  in 
more  beauteous  and  attractive  proportions ;  or  where 
we  can  mark  so  little  deviation  from  the  principles  and 
practical  piety  of  our  pilgrim  fathers.  Here  the  good 
seed  sown  by  them  seems  to  have  fallen  on  its  most 
genial  soil.  The  errors,  superstitions,  and  intolerance, 
which  necessarily  accompanied  their  early  and  not  well 
instructed,  because  persecuted  zeal,  have  gradually 
faded  away  before  the  progress  of  education  and  refine- 
ment, and  she  retains  only  the  simplicity  and  sincerity 
of  their  devotion,  the  steadfastness  of  their  faith,  and, 
running  through  all  her  institutions,  the  purity  and 
integrity  of  their  principles.  Her  political  falu'ic  is  the 
least  complicated  of  republican  forms,  and  her  govern- 
ment is  the  most  purely  democratic  in  the  world. 


The  Colony  of  Rhode  Island. 

Origin  of        In  the  year  1631,  Roger  Williams,  of  Salem,  in  the 
the  colony.  ^Ql^j^y.   ^^  Massachusetts   Bay,   promulgated    substan- 
tially the  following  sentiments — that  all  persons  who 
had    held   communion  with   the   church   of   England 
should  openly  confess  their  error;  that  saints  ought 
Tenets  of  Hot  to  hold  communiou  with  sinners  either  in  worship 
^^^l^^J^^'or  oath  ;  that  it  was  unlawful  for  regenerate  persons  to 
Salem.       pray  with  those  who  were  not,  even  though  wife  and 
children  ;  that  the  civil  magistrate  ought  not  to  inter- 
fere in  matters  of  religious  faith  and  practice ;  that 
thanks  ought  not  to  be  given  after  the  sacrament  nor 


THE   UNITED   STATES   OF   AMERICA.  317 

THE    COLONY    OF    RHOIJE    ISLAND.  PaRT    II, 

after  meat ;    that  iutolcration  is  persecution  ;  and  that 
the  patent  of  the  king  disposing  of  the  hmds  belonging 
to  the  Indians  was  void.     In  June,  1G35,  Mr.  Williams  ne  is  sum- 
was  summoned  to  appear  before  the  general  court  of  ni""f'i  '^e- 
Massachusetts  Bay,  then  in  session  at  Boston,  to  answer  geiu'iai 
to  charges  made  against  him  "  for  these  his  divers  dan-^°^'  ' 
gerous  opinions."     It  seems  that  he  had  been  called  to 
the  office  of  elder  in  the  church  at  Salem,  after  the  people 
had  been  formally  advised  of  his  errors  :  On  his  appear- 
ance before  the  general  court,  "  much  debate  was  aboiit 
these  things.     The  said  opinions  were  adjudged  by  all, 
magistrates   and  ministers,    (who  were   desired  to  be 
present,)  to  be  erroneous  and  dangerous,  and  the  call- 
ing of  him  to  office  at  that  time  was  judged  a  great  His  hear- 
contempt  of  authority.     So,  in  fine,  there  was  given  to  "l^  court. 
him  and  the   church  at  Salem,  to   consider  of  these 
things  till  the  next  general  court,  and  then  either  to 
give  satisfaction  to  the  court,  or  else  to  expect  sen- 
tence.    It  being  professedly  declared  by  the  ministers, 
(at  the  request  of  the  court  to  give  their  advice,)  that 
he  who    should    obstinately   maintain    such    opinions, 
(whereby  the  church  might  run  into  heresy,  apostacy, 
or  tyranny,  and  yet  the  civil  magistrate  could  not  inter- * -^^in, 
meddle,)    was    to   be    removed,    and    that    the   other  *''™r>^. 

^  .  Journal. 

churches  ought  to  request  the  magistrates  to  do  so."* 

Whatever  may  be  thought  of  the  proceedings  of  the  Action  of 
general  court  in  the  premises,  it  must  be  conceded  ^'^^'^  *^°^^** 
that  they  gave  the  accused  the  benefit  of  an  amj^le 
hearuig,  and  a  free  and  open  discussion,  and  were  not 
hasty  in  their  judgment,  the  matter  having  been  various- 
ly considered  from  1G31  to  this  time  :  This  he  could  not 
have  received  in  the  parent  state.  The  fact  deserves  to 
be  noted  as  one  of  the  phases  in  which  the  elements  of  po- 
litical and  religious  liberty  were  at  this  time  being  pro- 
gressively developed  in  America.  In  September  of  the 
same  year  Mr.  Williams  "was  again  convented,  and  all 
the  ministers  in  the  Bay  licing  desired  to  be  present,  he 
was  charged  with  two  letters,  one  to  the  churches  com- 


318  •  THE   GOVERNMENTAL    HISTORY  OP 

Part  II.  new  England. 

Origin  of    plaining  of  the  magistrates  for  injustice,  extreme  op- 
the  colony,  jj^ession,  &c. ;  and  the  other  to  his  own  church  to  per- 
suade  them   to    renounce    communion    with    all   the 
churches  in  the  Bay  as  full  of  anti-chri^t,  pollution,  &c. 
He  justified  both  of  these  letters,  and  maintained  all 
his  opinions,  and  being  offered  a  further  conference  or 
disputation,  and  a  month's   respite,  he  chose  to  dispute 
Mr.  Wil-    presently :     So  Mr.  Hooker  was  appointed  to  dispute 
putes  with  with  him,  but  could  not  seduce  him  from  any  of  his 
er^i{^35*^''  ^rrors.     So  the  next  morning  the  court  sentenced  him 
to  depart  out  of  the  jurisdiction  within  six  weeks ;  all 
tencedinto^he  ministers  save   one  approving  the  sentence.     His 
banisii-      q-^j^  cliurcli  had  him  also  under  question  for  the  same 
cause,  and  he,  on  his  return  home,  refused  communion 
Is  ilis-        with  his  own  church,  who  openly  disclaimed  his  errors 
liis"own      ^iid  wrote  an  humble   submission  to  the  magistrates, 
cliurch.      acknowledging  their  fault  in  joining  with  Mr.  Williams 
*^^^'":        in  that  letter  to  the  churches  against  them."* 

throp  s  Til 

journal.         The  sentence  pronounced  by  the  general  court  was 

in  these  words: 
Sentence        "  Whereas,  Mr.  Roger  Williams,  one  of  the  elders  of 
General      ^'^^    churcli   of  Salcm,  hath   broached    and   dyvulged 
Court  of    clyvers  newe  and  dangerous  opinions  against  the  author- 
'  itic  of  magistrates,  as  also  writ  letters  of  defamacion, 
both  of  the  magistrates  and  churches  here,  and  that 
before  any  conviction,  and  yet  mainetaincth  the  same 
without  retraccion,  it  is  therefore  ordered,  that  the  said 
Mr.  Williams  shall  departe  out  of  this  jurisdiction  with- 
in six  weekes  no  we  next  ensueinge ;  which  if  he  neglect 
to  perform,  it  shall  be  lawfull  for  the  govcrnour  and  two 
of  the  magistrates  to  send  him  to  some  place  out  of  this 
^J^.qJ'J; of  jurisdiction,  not  to  return  any  more  without  licence 
Mass.,  iGu.  from  the  court."  f 

•  Mr.  Williams  for  a  while  disregarded  this  sentence. 
On  the  eleventh  of  January  following  the  general  court 
of  Massachusetts  Bay  resolved  to  send  him  to  England, 
but  the  officers  sent  to  Salem  to  apprehend  him  and 


THE   UNITED    STATES   OF   AMERICA.  319 

THE    COLONY    OF    RnODE    ISLAND.  PaRT    II. 

convey  him  on  board  of  the  sliip,  found  that  he  had  Origin  of 
departed  thence  three  days  before  their  arrival.  lecoony. 

Roger  Williams  was  no  ordinary  character,  and  it  is 
apparent  from  the  conspicuous  attention  given  to  his 
opinions  by  the  general  court  of  Massachusetts  Bay,  ^yj^^^^^g^ 
that  he  was  a  man  of  extraordinary  power  and  influ- 
ence.    His   earnest   piety  and  unquestioned   sincerity 
were  combined  with  scholarly  attainments,  an  imposing 
personal  presence,  and  a  power  in  debate  and  an  elo- 
quence in  discourse  which  were  singularly  attractive. 
It  added  much  to  his  prominence  and  distinction  that 
even  "  so   learned  and  eloquent  a  divine   as   Thomas 
Hooker,"  was  not  able  to  foil  him  in  a  controversial  argu- 
ment.    Of  his  peculiar  religious  notions  I  do  not  care  The  politi- 
to  speak  particularly.     He  commends  himself  to  our  |jj'^,j^^j.^g^, 
notice  as  the  powerful  advocate  of  two  essential  politi-  bodied  in 

liis  crcGtl 

cal  elements  in  the  protestantism  of  the  puritans  which 
were  at  this  time,  as  I  have  elsewhere  observed,  strug- 
gling into  active  development,  both  in  England  and 
America.  These  were,  the  separation  of  the  civil  and 
ecclesiastical  power  in  the  state,  and  freedom  of  reli-  • 
gious  opinion  in  the  subject.  To  these  we  might  add, 
that  nice  sense  of  right  which  respected  the  proprietor- 
ship of  the  Indians  in  the  soil. 

Such  was  his  position  and  such  the  man  who  in  the 
full  vigor  of  life,  for  his  liberal  views,  had  been  pro- 
scribed  in  his  native  land,  and    now  stood  upon  the 
threshold  of  the  home  of  his  exile,  looking  out  upon  Dopaitme 
the  wilderness  into  which,  for  the  same  reason,  he  had %r-A}\iT.^. 
been  banished.     There  was  something  peculiarly  char- from  Mass. 
acteristic  and  patriarchal  in  the  manner  in  which  he  an-  'ig3G. 
went  forth  "not  knowing  whither  he  went."     Wander- 
ing  to  the  southward  as  far  as   the  ocean,  he   came 
among  the  Xarragansett  tribe  of  Indians.     Cultivating 
a  friendly  disposition  with  them  and  treating  tlicm  as 
the  owners  of  the  soil,  he  was  admitted  as  a  guest  into 
their  wigwams,  entertained  with  kindness  and  attention 
for  nearly  three  months  by  their  sachems,  and  permit- 


320  THE   GOVERNMENTAL   HISTORY   OF 

Part  II.  new  England. 

Origin  of    ted  to  travei'SG  the  country  without  molestation.     Thus 
etoony.  j^^  passed  several  months  "sorely  tossed,"  as  he  says, 
"  for  fourteen  weeks  in  a  bitter  winter  season."     On  the 
opening  of  the  spring  he  obtained  a  grant  of  land  from 
one  of  the  chiefs,  near  the  northern  extremity  of  the 
*  Wilson's  Narragansett  Bay,  at  a  place  called  Seekonk,*  where 
he  planted  himself  and  prepared  to  make  a  permanent 
settlement. 
Influence        Meanwhile  the  church  of  vSalem   was  still   infested 
Hams' opin- ^^^^^  ^^^''  Williams'  opinions,  "so  as  most  of  them  held 
ions  in       jt  unlawful  to  hear  in  the  ordinary  assemblies  of  Eng- 
land, because  their   foundation  is  anti-christian ;   and 
we  should,  by  hearing,  hold   communion  with  them: 
and  some  went  so  far  as  they  were  ready  to  separate 
from  the  church  upon  it.     Whereupon  the  church  sent 
two  brethren  and  a  letter  to  the  elders  of  the  other 
churches  for  their  advice  in  three  points. 

"1.  Whether,  for  satisfying  the  weak,  they  might 
promise  not  to  hear  in  any  false  church  ?  This  was  not 
thought  safe,  because  then  they  should  draw  them  to 
the  like  towards  the  other  churches  here,  who  were  all 
of  opinion  that  it  was  lawful,  and  that  hearing  was  not 
holding  communion. 

"  2.  If  they  were  not  better,  to  grant  them  dismission 
Action  to  be  a  church  by  themselves?  This  was  also  opposed 
cnce  to      for  tliat  it  was  not  a  remedy  of  God's  ordering;  neither 

those  iioi<l--v\rould  the  magistrates  allow  them  to  be  a  church,  being 
ing  them,  ®  i       •  -,         ■  -, 

but  three  men  and  eight  women ;  besides,  it  were  dan- 
gerous to  raise  churches  on  such  grounds, 

"  3.  Whether  they  ought  then  to  excommunicate  them 

if  they  did  withdraw?     This  was  granted;  yet  withal, 

that  if  they  did  not  withdraw  or  run  into  contempt, 

they  ought  in  these  matters  of  difference  of  opinion  in 

*^^"'       thino-s  not  fundamental   nor  scandalous,  «tc.,  to  bear 

throp  s  '^ 

Journal,     cacli  with  other."* 

Here  we  may  observe,  in  passing,  is  another  indica- 
tion of  the  development  of  protcstant  freedom,  soften- 


THE   UNITED    STATES   OF   AMERICA.  321 

THE  COLONY  OF  RHODE  ISLAND.  PaRT  II. 

ing  down  the  asperities  of  religious  strife,  and  produc-  Origin  of 
ing  the  better  fruits  of  forbearance  and  charity.  iocoony. 

Those  who  were  made  the  subjects  of  this  action  of 
"the  ciders  and  brethren"  withdrew  themselves  from 
the  church  at  Salem  and  joined  Mr.  Williams  at  See- They  join 

Mr   Wil- 

konk.  They  had  hardly  begun  to  arrange  and  lay  out  u^j^g  .^^ 
their  settlement,  when  governor  Winslow,  of  New  Plym-  ^^ekoak, 
outh,  notified  Mr.  Williams  that  he  was  within  the  juris- 
diction of  that  colony,  and  advised  him  to  remove 
beyond  its  limits.  In  a  letter  written  to  Major  Mason, 
bearing  date  at  Providence,  July  twenty-second,  1670,  in 
referring  to  this  period,  he  says: 

"I  first  pitched  and  began  to  build  and  plant  at  See- Notified  to 
konk,  now  Rehoboth,  but  I  received  a  letter  from  myj^'^^J^   ^^" 
ancient  friend,  Mr.  Winslow,  then  governor  of  Plym- 
outh, professing  his  own  and  others'  love  and  respect 
tQ  me,  yet  lovingly  advising  me,  since  I  was  fallen  into 
the  edge  of  their  bounds,  and  they  were  loth  to  dis- 
please the  Bay,  to  remove  to  the  other  side  of  the  water, 
and  then,  he  said,  I  had  the  country  free  before  me,  Records 
and  might  be  as  free  as  themselves,  and  we  should  be  ^"  ^■'  ^^' 
loving  neighbors  together."* 

Accordingly,  in  the  month  of  June,  he  and  his  asso- His  remov- 
ciates,  five  in  number,  embarked  in  an  Indian  canoe  ^'' 
upon  the  bosom  of  the  Narragansett  Bay,  and  rowed 
along  its  shore  till  they  came  to  an  Indian  settlement 
called  Mosshassnck,  where  they  landed.     Mr.  Williams 
was  not  unknown  to  the  natives,  and  was  received  with 
marked  demonstrations  of  friendship.     They  made  him 
generous  offers  of  accommodation  and  permitted  him 
to  roam  freely  over  their  territory.*     Finding  a  spot  * -\Yii,son'a 
suitable  for  his  purposes,  he  purchased  a  title  to  the  ^-  ^• 
land  of  an    Indian  chief,  and  made  arrangements  to 
plant  a  settlement.     In  a  spirit  of  thankful  acknowl- 
edgment for  past  mercies,  and  confident  trust  that  God  Planting 
had  guided  his  wandering  footsteps,  he  called  it  Bi'0"^'i- dem;e°^'' 
dence. 

There  was  certainly  something  peculiarly  character- 
21 


322  THE   GOVERNMENTAL    HISTORY   OP 

Part  II.  new  England. 

Origin  of   istic,  Gxpressive,  and  appropriate,  in  this  designation  of 
ecoony.  j^.^  plantation,  in  connection  with  all  the  circumstances 
we  have  narrated,  of  his  banishment,  his  perilous  and 
lonely  pilgrimage  through  the  wilderness  into  which  he 
was  driven,  and  his  hazardous  and  unprotected  entrance 
Settlement  among  the  fierce   Narragansett  tribes.     It  was  also  a 
dence"^''    ^^^^tting  name  to  give  to  a  settlement  which  was  the 
first  in  America  to  witness  the  establishment  of  a  gov- 
ernment in  which  the    ecclesiastic    ruled  only  in  the 
church,  the  civil  magistrate  only  in  the  state,  and  God 
alone  over  the  consciences  of  men.     Which  was  the 
first  also  to  demonstrate  to  mankind  that  the  harmoni- 
ous  administration  of  government,  and  obedience  to 
the  laws,  were  compatible  with  any  variety  of  discord- 
Political     ant  opinions  in  matters  of  religion.     All  that  was  re- 
istLcrin-"^'  ci^^ii'^d  of  those  who  came  into  Mr.  Williams'  planta- 
yolved  in    tion  at  this  early  period  was,  that  they  should  submit 

its  settle™ 

ment.  to  all  laws  passcd  by  the  majority  of  the  inhabitants, 
provided  they  did  not  affect  the  conscience.  The  asso- 
ciation was  a  pure  democracy.  Mr.  Williams  was  its 
founder  and  director,  and  yet  he  claimed  no  peculiar 
power,  or  prominence,  or  prerogatives ;  while  he  freely 
conveyed  to  settlers  portions  of  the  territory  which  he 
had  originally  purchased  for   himself;    and  of  which 

*  ^  ^"'-      he  said,  in  1656,  "  they  were  mine  owne  as  truly  as  any 

R.  I.,  351.  man's  coat  upon  his  back."* 

The  open-       The  planting  of  Rhode  Island  was  a  new  era  in  the 

new  era  in  progress  of  protcstaut  freedom,  and  disclosed  new  fea- 

New  Eng-  turcs  in  political  and  social  organization  ;  it  opened  a 
land.  ,  . 

new  home  even  in  America  to  all  who  wished  to  avoid, 

or  escape  from,  the  conflicts  generated  by  those  differ- 
ences of  opinion  in  matters  of  religion  which  had  ob- 
tained in  the  elder  colonies,  and  which  had  already  dis- 
persed the  people  and  swelled  the  number  of  independ- 
ent plantations  in  New  England.  The  opinions  of  Roger 
jlj.g  Williams,  as  we  have  seen,  were  not  forgotten  or  with- 

Hutchin-    out  their  effect,  even  after  his  banishment, 
errors.  Ill  the  moiitli  of  October,  1636,  the  famous  Mrs.  Hutch- 


THE   UNITED    STATES   OF   AMERICA.  323 

THE    COLONY    OF    RHODE    ISLAND.  PaRT    II. 

insoii,  "  a  member  of  the  church  of  Boston,  a  woman  of  Origin  of 
ready  wit  and  bold  spirit,  brought  over  with  her  two  dan- 
gerous errors.     1.    Tfiat  the  person  of  the  Holy  Ghost 
dioeUs  in  a  justified  person.     2.    That  no  sanctification 
can  help  to  evidence  to  us  our  justification.     There  joined  Mrs. 

1         1  r«  1  Ar      llutchin- 

with  her  in  these  opinions  a  brother  ot  hers,  one  Mr.  ^on  and 
Wheeh'ight,  a  silenced  minister  some  time  in  England.  J'^^f^'^^f'"*' 
The  matter  was  brought  before  the  general  court,  and  the  iiassachu- 
ministers  of  the  Bay  hearing  of  these  things  came  to'^Jo^^,  iJJg. 
Boston  at  the  time  of  the  general  court,  and  entered 
into  a  private  conference  with  them  to  know  the  cer- 
tainty of  these  things ;  that  if  need  were  they  might 
write  to  the  church  of  Boston  about  them,  to  prevent, 
if  it  were  possible,  the  danger  which  seemed  hereby  to* Win- 
hang  over  that  and  the  rest  of  the  churches."*  Journal. 

This  conference  having  satisfied  Mr.  Cotton,  no  action 
was  taken  in  the  matter  by  the  general  court,  although  it 
gave  rise  to  a  good  deal  of  controversy  and  discussion 
among  the  members.     Mrs.  Hutchinson  was  permitted 
to  go  free  and  to  promulgate  her  "  dangerous  errors," 
and  to  multiply  converts  to  her  peculiar  faith.     The 
next  year  she  started  what  was  called  the  "  antinomian  Further 
heresy,"  maintaining  "  that  faith  without  works  would  "errors" 
secure  salvation  ;  "  and  she  also  commenced  preaching,  iiutchin- 
In  November  "  the  general  court  sent  for  Mrs.  Hutch- ^^°' 
iiison,  and  charged  her  with  divers  matters,  as  her 
keeping  two  public  lectures  every  week  in  her  house 
whereto  sixty  or  eighty  persons  did  usually  resort ;  and 
for  reproaching  most  of  the  ministers,  viz.,  all  except 
Mr.  Cotton,  for  not  preaching  a  covenant  of  free  grace, 
and  that  they  had  not  the  seal  of  the  spirit,  nor  were  Action  of 
able  ministers    of   the    New    Testament,  which  were  ^'^"^  •^.^"^'"^ 

'  court. 

already  proved  against  her ;  though  she  sought  to  shift 
it  off,  and  after  many  speeches  to  and  fro  at  last  she  was 
so  full  as  she  could  not  contain  but  vented  her  revela- 
tions, amongst  which  this  was  one — That  she  had  it 
revealed  to  her  that  she  should  come  into  New  Eng- 
land, and  should  here  be  presented,  and  that  God  would 


324  THE   GOVERNMENTAL   HISTORY    OF 

Part  II.  new  England. 

Origin  of    ruiu  US  and  our  posterity  and  the  whole  state  for  the 
e  to  ony.  ^^^^q^ — g^  ^j^g  court  proceeded  and  banished  her :  but 

iSentonce  .  . 

against  because  it  was  winter  they  comnutted  her  to  a  private 
Hutchin-  lio^isc  ill  Roxbury,  wliere  she  was  well  provided,  and 
son.  her  own  friends  and  the  elders  permitted  to  go  to  her, 

but  none  else."  She  was  afterwards  again  called  and 
examined  upon  a  charge  that  she  "  persisted  in  main- 
taining those  gross  errors  before  mentioned,  and  many 
others  to  the  number  of  thirty  or  thereabout — these 
were  clearly  confuted,  but  yet  she  held  her  error,  so  as 
the  church,  all  but  her  two  sons,  agreed  she  should  be 
*  Win-  admonished,  and  because  her  sons  would  not  agree  to 
Journal,     it  they  were  admonished  also."  * 

Further  Upoii  these  proceedings  on  the  part  of  the  church  the 

iugg  sentence  of  banishment  was  revived  in  the  general  court, 

against      j^j-^j  jj^  ^]^q  spring  of  the  year  1638,  March  twelfth,  it  was 
"  ordered  tliat  she  shall  be  gone  by  the  last  of  this  month, 
and  if  she  be  not  gone  before,  she  is  to  be  sent  away  by 
the  council  without  delay,  by  the  first  opportunity ;  and 
r^^^^'    ^^^  ^^^^  charges  of  keeping  her  at  Roxbury,  order  is 
226.       '  given  to  levy  it  by  distress  of  her  husband's  goods."  f 
She  goes        With  her  husband  and  two  sons,  and  a  large  number 
dence.        of  followers,  Mrs.  Hutchinson  proceeded  to  Providence, 
where  they  were  kindly  received  by  Roger  Williams. 
At  about  the  same  time  Mr.  William  Coddington  and 
some  eighteen  others  were  compelled  to  leave  Massa- 
chusetts Bay  on  account  of  their  religious  opinions. 
They  also  proceeded  to  the  country  of  the  Narragan- 
setts  and  laid  the  foundation  of  Portsmouth.     Others 
still    followed    in    the    succeeding    year    and    planted 
Settlement  Newport.     These  three  plantations  subsequently  united 
of  Ports-    under  the  same  compact,  purchased  the  whole  island 

mouth  and     „,-,-,.  ,  ,  .1  xz> 

Newport,    of  thc  Indians,  and  soon  became  the  seat  oi  a  prosper- 

1638-39.    Q^^g  jj^j^j  thriving  colony. 

See  Wil-  ^,  T     .  -,         ^  .  PI 

soil's  U.  S.  The  earliest  and  most  serious  source  oi  embarrass- 
ment experienced  by  the  people  of  these  plantations 
originated  in  the  tenure  by  which  they  held  their  title 
to  the  soil.     Being  derived  entirely  from  the  Indians,  it 


THE  UNITED   STATES   OF   AMERICA.  325 

TUE  COLONY  OF  RUODE  ISLAND.  PaRT  II. 

was  insufficient  to  protect  them  from  the  claims  and  Emhar- 
encroachments  made  by  their  more  fortunate  neigli-J^'|.'^'^J^|f"*'^ 
hours,  who  boasted  of  their  patents  directly  from  the  colony. 
crown ;  or  of  a  title  derived  under  a  grant  from  some 
of  the  royal  patentees.     Feeling  the  necessity  and  im- 
portance of  a  higher  claim  to  the  territory,  in  order 
to  establish  a  jurisdiction  in  and  over  its  settlements 
which  might  be  respected  by  the  older  colonies,  they 
sent  Roger  Williams  to  procure  a  patent.     He  arrived  Roger  Wil- 
in  England  soon  after  the  civil  commotions  which  now  ^Q  England 
agitated  the  kingdom  had  given  parliament  the  ascend- ^^  procure 
ency   in   the    government ;   when    Charles   I.,  becom- 
ing involved  in  a  fearful  controversy  with  the  factions 
which  guided  and  controlled  its  deliberations,  was  ban-* Hume, 
ished  from  his  capitol.*     These  circumstances  operated  2  Bartiett's 
favorably  upon  the  mission  of  Mr.  Williams  :     He  pre-  ^'oionial 

Records. 

ferred  his  petition  to  parliament,  and  succeeded  so  well 
that  on  the  second  day  of  November,  the  Lords  and 
Commons  in  parliament  assembled,  passed  an  ordinance 
appointing   Robert,  earl    of  Warwick,  "  Governor    in  The  suc- 
cliief  and  lord  high  admiral  of  all  those  islands  and^*^.®''."^^^^ 

f'  _  mission. 

plantations  inhabited,  planted,  or  belonging  to  any  of 

his  majesty's  subjects,  within  the  bounds  and  upon  the 

coast  of  America ;  "  which  ordinance  was  as  follows, 

viz: 

"  Whereas  many  thousands  of  the  natives  and  good  Ordinance 

subjects  of  this  kingdom  of  England,  through  the  o'p- nieurap-' 

pression  of  the  prelates  and  other  ill-affected  ministers,  pointing 

.      m  r-  n  1  ^  the  earl  of 

and  officers  of  state,  have  of  late  years  been  enforced  Warwick 
to  transplant  themselves  and  their  families  into  several  sovexnor 
islands  and  other  remotp  and  desolate  parts  of  the  West  parts  of 
Indies ;    and   having   tliere   through   exceeding   great  le"!"^^* 
labour  and  industry,  (with  the  blessing  of  God)  ob- 
tained for  themselves  and  their  families  some  compe- 
tent and  convenient  means  of  maintenance  and  sub- 
sistence, so  that  they  are  now  in  a  reasonable  and  set- 
tled condition  :     But  fearing  least  the  outrageous  mal- 
ice of  papists  and  other  ill-afifccted  persons  should  reach 


326  TUE   GOVERNMENTAL    HISTORY    OF 

Part  II.  new  engjland. 

Ordinance  uiito  tliGin  ill  their  poor  and  low  (but  as  yet  peaceable) 
menrai>  condition,  and  having  been  informed,  that  there  hath 
pointing     been  lately  procured  from  his  majesty,  several  grants 

the  Earl  of         ,        ^,  -  i  />  -• 

Warwick  under  the  great  seal  lor  erecting  some  new  governours 
gov'r  of     j^j^j  commanders  amongst  the  said   planters  in  their 

certain  "  * 

parts  of     afore-mentioned  plantations  ;  whereupon  the  said  plant- 
Nov  T**'    ^^'^'  adventurers,  and  owners  of  land  in  the  said  foreign 
1642.         plantations,  have   preferred    their    petition    unto  this 
present  parliament,   that,  for  the    better   securing  of 
them,  and  their  present  estates  there  obtained  through 
so  much  extreme  labour  and  difficulty,    they    might 
have  some  such  governour  and  governments,  as  should 
be  approved  of  and  confirmed  by  the  authority  of  both 
houses  of  parliament. 
*f^R  1°^       "  ^^^^^^^^  petition*  of  theirs^  the  Lords  and  Commons 
Williams,   have  taken  into  consideration  ;  and  finding  it  of  great 
importance,  both  to  the  safety  and  preservation  of  the 
aforesaid  natives  and  subjects  of  this  kingdom,  as  well 
from  all  foreign  invasions  and  oppressions,  as   from 
their  own  intestine  destractions  and  disturbances,  as 
also  much  tending  to  the  honor  and  advantage  of  his 
majesty's  dominions,  have  thong-ht  /it,  and  do  hereby 
constitute   and  ordain  Robert,   Earl  of  Warwick,  gov- 
ernor in  chief,  and  Lord    high-admiral,  of  all  those 
islands,  and  other  plantations,  inhabited,  planted,  or 
belonging  to  any  his  majesty's  the  king  of  England's 
subjects ;     or    which     hereafter    may    be     inhabited, 
planted,  or  belonging  to  them,  within  the  bounds  and 
upon  the  coasts  of  America. 
Council  of      "And  for  the  more  effectual,  speedier,  and  easier 
to^the^^*^  transaction  of  this  so  weighty^ and  important  a  busi- 
governor,  ness,  wliich  conccrns  the  well-being  and  preservation 
of  so  many  of  the  distressed  natives  of  this,  and  other 
his  majesty's  dominions,  the  Lords  and  Commons  have 
thought  fit  that  Philip,  earl    of  Pembroke  ;    Edward, 
earl  of  Manchester ;  William,  viscount  Sey  and  Scale  ; 
Philip,  Lord  Wharton  ;  John,  Lord  Roberts,  members 
of  the  house  of  Peers ;  Sir  Gilbert  Gerard,  knight  and 


THE   UNITED    STATES   OF  AMERICA.  327 

THE    COLONY    OF    RHODE    ISLAND.  PaRT    II. 

baronet ;    Sir  Arthur   Hazlcrig,  baronet ;    Sir   Henry  Commis- 
Vanc,  Jr.,  knight;    Sir    Benjamin    Rudyer,   km^rU;^^^^''" 
John  Pym;    Oliver  Cromwell;    Dennis    Bond;    Miles  to  the 
Corbet ;    Cornelius   Holland  ;    Samuel   Vassal ;    John  Warwick 
RoUes  ;  and  William  Spenstowe,  Es(![s.,  members  of  the  ^^JJ^^^'^^^". 
House  of  Commons,  shall  be  commissioners  to  join  in  1642. 
aid    and  assistance  with  the  said  Earl  of  Warwick, 
chief  governor  and  admiral  of  the  said  plantations ; 

'■'■  Which  chief  gov  ernour,  together  with  the  said  com- Powers  of 
missioners,  or  any  four  of  them,  shall  hereby  have  s^I®™**'" 

'  •'  '  •'  and  coun- 

power  and  authority  to  provide  for,  order  and  dispose,  cil. 
all  things  which  they  shall  from  time  to  time  find  most 
fit  and  advantageous  to  the  well-governing,  securing, 
strengthening,  and  preserving  of  the  said  plantations ; 
and  chiefly  to  the  preservation  and  advancement  of  To  secure 
the  true  protestant  religion  among  the  said  planters,  the  spread 
inhabitants  ;  and  the  further  enlargement  and  spread-  ant  Chris- 
ing  of  the  gospel  of  Christ  amongst  those  that  yet^'^""^^* 
remain  there,  in  great  and  miserable  blindness  and 
ignorance. 

^^And  for  the   better  advancement   of  this  so  great  Power  of 
a  work,  it  is  hereby  further  ordained,  by  the  sai^  Lords  "^"^  ^^^' , 
and  Commons,  that  the  aforesaid  governour  and  com-commis- 
missioners  shall   hereby   have    power   and    authority,  "''"^'^^' 
upon  all  weighty  and  important  occasions,  which  may 
concern  the  good  and  safety  of  the  aforesaid  planters, 
owners  of  land,  or  inhabitants  of  the  said  islands  and 
plantations,  which  shall  there  be  within  twenty  miles 
of  the  place  where  the  said  commissioners  shall  then 
be;  and  shall  have  power  and  authority  to  send  for, Uay send 

view  and  make  use  of,  all  such  records,  books  and  ^°'' P^""^""^ 

'  and  papers. 

papers,  which  do  or  may  concern  any  of  the  said  plant- 
ations. 

^^And  because  the  well  settling  and  establishing  of 
such  officers  and  governours,  as  shall  be  laborious  and 
faithful  in  the  right  governing  of  all  such  persons  as 
be  resident  in  or  upon  the  said  plantations,  and  due 
ordering  and  disposing  of  all  such  affairs  as  concern 


328  THE   GOVERNMENTAL    HISTORY   OP 

Part  II.  nevt  England. 

Commit-  the  safety  and  welfare  of  the  same,  is  of  very  great 
fj^^'^^j, J'"'''' advantage  to  the  public  good  of  all  such  remote  and 
to  the  new  plantations,  it  is  hereby  further  ordained  and  de- 
Warwick  Creed,  that  the  said  Robert,  Earl  of  Warwick,  governor 
and  others,  jj^  chief  and  admiral  of  the  said  plantations,  together 
I6i2.  '  with  the  aforesaid  commissioners,  *****  or  the 
Power  to  greater  number  of  them,  shall  have  power  and  author- 
cokmiai  i^Jj  froJ^a  time  to  time,  to  nominate,  and  appoint,  and 
governors  constitute  all  sucli  Subordinate  governours,  councellors, 

and  other  ,  „  ,  ^  ,,„.-, 

officers,  commanders,  omcers  and  agents,  as  they  shall  judge  to 
be  best  affected,  and  most  fit  and  serviceable  for  the 
said  islands  and  plantations  ;  and  shall  hereby  have 
power  and  authority,  upon  the  death  or  avoidance  of 

To  fill  va-  the  aforesaid  chief  governor  and  admiral,  or  any  the 

cancies  in       ,,  .     .  i     /•  j    /•  j.-  j.     x- 

their  own  otlicr  Commissioners  beiore  named,  irom  time  to  time, 
body.        iq  nominate  and  appoint  such  other  chief  governour 
and  admiral,  or  commissioners,  in  the  place  or  room 
of  such  as  shall  so  become  void.    • 
To  remove      "-4w6?  shall  also  hereby  have  power  and  authority  to 
cdoniai     pgjQove  any  of  the  said  subordinate  governours,  coun- 
cellors, commanders,  officers,  or  agents,  which  are,  or 
shall  be  appointed  to  govern,  counsel  or  negotiate  the 
public  affairs  of  the  said  plantations ;  and  in  their  place 
and  room  to  appoint  such  other  officers  as  they  shall 
judge  fit.     And  it  is  hereby  ordained  that  no  subordin- 
ate   governours,    councellors,    commanders,    officers, 
agents,  planters,  jor  inhabitants  whatsoever,  that  are 
now  resident  in,  or  upon,  the  same  islands  or  planta- 
No  other    tions,  shall  admit  or  receive  any  other  new  governours, 
fr  officers  counccllors,  commaudcrs,  officers,  or  agents,  whatso- 
to  be  re-    ever,  but  such  as  shall  be  allowed  and  approved  of 

CGivGd  bv 

the  coio-  under  the  hands  and  seals  of  the  aforementioned  com- 
°'^^"  missioners,  or   any  six  of  them,  or  under  the  hands 

and  seals  of  such  as  shall  authorize  thereunto. 
May  assign      '■^  And  vjhereas,  for  the  better  government  and  secu- 
thority"     ^^^7  ^^  ^^^^  ^^^^  plantations  and  islands,  and  the  owners 
and  inhabitants  thereof,  there  may  be  just  and  fit  occa- 
sion to  assign  over  some  part  of  the  power  and  author- 


THE   UNITED   STATES   OP   AMERICA.  329 

THE    COLONY    OF    RHODE    ISLAND.  PaKT    II. 

ity  (granted  in  this  ordinance  to  the  chief  governour  Commis- 
and  commissioners  aforenamed)  unto  the  said  owners,  ^^1^0111'^'^' 
inhabitants,  or  others ;  it  is  hereby  ordained^  that  the  to  the 
said  chief  governour  and  commissioners  mentioned,  or  Warwick 
the  greater  number  of  them,  shall  hereby  be  author- ^l^'^^^]^^^^^ 
ized  to  assign,  ratify,  and  confirm  so  much  of  their  1642. 
aforementioned   authority    and   power,    and   in    such 
manner  and  to  such  persons  as  they  shall  judge  fit,  for 
the    better   governing  and   preservation   of   the   said 
plantations  and  islands,  from  open  violence  and  private 
disturbance  and  distractions.  * 

^^And  lastly,  that  whosoever  shall  do,  execute,  or*iHaz- 
yield  obedience  to,  anything  contained  in   this  ordi- p^^^l^j.^'**® 
nance,  shall,  by  virtue  hereof,  be  saved  harmless  and  353. 
indemnified."* 


This  ordinance  originated  in  the  application  of  Roger  Roger  WU- 
Williams  for  a  patent  for  the  colony  of  Rhode  Island,  a'otiation's 
and  is  another  proof  of  the  extraordinary  character  fo""  ^^^ 
and  influence  of  the  man.     Referring  to  this  period  in  1638-43. 
a  letter  to  Major  Mason  in  1661,  he  says — "considering 
[upon  frequent  exceptions  against  Providence  men] 
that  we  had  no  authority  for  civil  government,  I  went 
purposely  to  Eugland,  and  upon  my  report  and  petition 
the  parliament  granted  us  a  charter  of  government  for 
these  parts,  so  judged  vacant  on  all  hands  :  And  upon 
this  the  country  about  us  was  more  friendly,  and  wrote  f  i  Bart- 
to  us,  and  treated  us  as  an  authorized  colony,  only  the  ^^"  "^  ^°j°- 
difference  of  our  conscience  much  obstructed."!  458. 

How  far,  if  at  all,  this  ordinance  of  parliament  sub- 
sequently affected  the  other  New  England  colonies,  it 
may  be  material  to  enquire  more  carefully  hereafter, 
but  it  referred  more  particularly  to  Rhode  Island.  We 
have  already  had  occasion  to  observe  that  there  was 
really  no  essential  interference  in  New  England  after 
this  date,  either  by  parliament  or  by  Cromwell,  during 
the  years  intervening  the  suspension  and  the  restora- 
tion of  the  royal  power  in  the  mother  country.     This 


330  THE  GOVERNMENTAL   HISTORY   OP 

Part  II.  new  England. 

Roger  Wii-  Ordinance  itself  shows  that  the  Lords  and  Commons 

tiates"fof°a  ^^^^  ^^^  ^^^^  ^*  *^^^^  *^^^  ^^  ^^^^  ^^^^  Continental  capaci- 
patent,       ties  and  resources  of  the  new  world,  and  that  they 
were  rather  indifferently  concerned  about  its  govern- 
ment.    It  is  apparent  also  that  any  such  system  of 
colonial  administration  as  was  therein  devised,  if  made 
general  and  persisted  in,  would  have  been  productive 
only  of  embarrassment  in  both  countries,  while  it  could 
not  promote  the  more  material  interests  of  either.     Yet 
it  is  well  to  remark  that  the  very  condition  of  things 
*"       in  England  which  favored  the  adoption  of  the  ordi- 
nance, was  also  favorable  to  the  independent  growth 
of  the  colonies  already  established  in  New  England, 
and  peculiarly  so  to  the  mission  of  Roger  Williams. 
Charter  of  Hencc  he  found  no  difficulty  in  obtaining  a  patent  or 
tion°\ssued  charter  for  the  incorporation  of  The  Providence  Plant- 

March  14,   ATIONS    IN    THE    MASSACHUSETTS   BaY  IN  NeW   ENGLAND, 
1643.  ^li- 

as loUows,  VIZ. : 

"  Whereas,  bi/  an  ordinance  of  the  Lords  and  Com- 
mons, now  assembled  in  parliament,  bearing  date  the 
second  day  of  November,  Anno  Domini  1642,  Robert, 
Recital  of  earl  of  Warwick,  is  constituted  and  ordained  governour- 
the  ordi-    jn-chief  and  lord  high-admiral  of  all  those  islands  and 

nance  to  '^ 

the  earl  of  other  plantations  inhabited  or  planted  by,  or  belonging 
Warwick.  ^^^  ^^^^  ^^  j^-^  j^aj^g^y  i\^q.  j^jjjg  Qf  England's  subjects  (or 

which  hereafter  may  be  inhabited  and  planted  by,  or 
belonging  to  them)  within  the  bounds  and  upon  the 
coasts  of  America:  and  whereas  the  said  lords  have 
thought  fit  and  thereby  ordained  that  Philip,  earl  of 
Pembroke,  &c.,  (naming  the  same  persons  named  in  the 
ordinance)  should  be  commissioners,  to  join  in  aid  and 
Cites  pow-  assistance  with  the  said  earl ;  and  whereas  for  the  bet- 
ers  of  gov-  ^Qj.  p-overnment  and  defence,  it  is  thereby  ordained,  that 

ernor  and  °  .     . 

comniis-     the  aforcsaid  governour  and  commissioners,   or    the 
eioners.      greater  number  of  them,  shall  have  power  and  author- 
ity, from  time  to  time,  to  nominate,  appoint,  and  consti- 
tute all  such  subordinate  governours,  counsellors,  com- 
manders, officers,  and  agents,  as  they  shall  judge  to  be 


THE   UNITED   STATES   OF   AMERICA.  331 

THE    COLONY    OF    RHODE    ISLAND.  TaUT    II. 

best  affected,  and  most  fit  and  serviceable  for  the  said  Patent  of 
islands  and  plantations  ;  and  to  provide  for,  order  and  ["^.^^ssued 
dispose  all  things,  which  they  shall,  from  time  to  time,  March  u, 
find  most  advantageous  for  the  said  plantations,  and 
for  the  better  security  of  the  towns  and  inhabitants 
thereof;  to  assign,  ratify,  and  confirm,  so  much  of  their 
aforementioned    authority    and    power,    and    in   such 
manner,  and  to  such  persons  as  they  shall  judge  to  be 
fit,  for   the   better   governing   and   preserving  of  the 
said  plantations  and  islands,  from  open  violences  and 
private  disturbances  and  distractions.     "-4wc?  ivhereas  Location 
there  is  a  tract  of   land  in  the  continent  of  America  ^f  ^-^^ 
aforesaid  called  by  the  name  of  the  Narragansett  Bay,  pianta- 
bordering  northward  and  north-east  on  the  patent  of 
the  Massachusetts  ;    east  and  south-east  on  Plymouth 
patent ;    south    on   the    ocean  ;    and  on  the  west  and 
north-west  by  the  Indians  called    Na-hig-gan-ne-ucks, 
alias  Narragan setts ;  the  whole  tract  extending  about 
twenty-five  English  miles  unto  the  Pequot  river  and 
country  : 

^'■And  whereas  di\\Qvs  well  affected  and  industrious  Induce- 
English  inhabitants,  of  the  towns  of  Providence,  Poi'ts- "^g^p^^^^^^ 
mouth,  and  Newport,  in  the  tract  aforesaid,  have  ad- 
ventured to  make  a  nearer  neighborhood  and  society 
with  the  great  body  of  the  Narragansetts,  which  may 
in  time  by  the  blessing  of  God  upon  their  endeavors, 
lay  a  sure  foundation  of  happiness  to  all  xlmerica ;  and 
have  also  purcliased,  and  arc  purchasing  of  and  amongst 
the  said  natives,  some  other  places,  which  may  be  con- 
venient both  for  plantation,  and  also  for  building  of 
ships,  supply  of  pipe  staves,  and  other  merchandize ; 

^'■And  ivhereas  the  said  English  have  represented  their  The  appU- 

desire  to  the  said  earl,  and  commissioners,  to  have  their  ^^''^^ 
.      .  '  cited. 

hopeful  beginnings  approved  and  confirmed,  by  grant- 
ing unto  them  a  free  charter  of  ci^dl  incorporation  and 
government ;  that  they  may  order  and  govern  their 
plantation  in  such  a  manner  as  to  maintain  justice  and 
peace,  both  among   themselves,  and  towards  all  men 


332  THE   GOVERNMENTAL   HISTORY   OF 

Part  II.  new  kngland. 

Patent  of  with  whom  tliGj  shall  have  to  do.  In  due  consideration 
Uon'^isHue'd^/^'''^  ^^*^  P>'ci)iises,  the  said  Robert,  Earl  of  Warwick, 
March  14,  goveriior-iii-chief,  and  lord   high-admiral    of  the  said 

1043.  •  -  .  1,1 

plantations,  and  the  greater  number  of  the  said  com- 
•  missioners,  whose  names  and  seals  are  hereunder  writ- 
ten and  subjoined,  out  of  a-  desire  to  encourage  the 
good  beginnings  of  the  said  planters,  do,  by  the  au- 
thority of  the   aforesaid   ordinance  of  the   lords   and 

The  grant,  commons,  give,  grant  and  confirm,  to  the  aforesaid  in- 
habitants of  the  towns  of  Providence,  Portsmouth,  and 
Newport,  a  free  and  absolute  charter  of  incorporation 

Name  of    to  be  kuown   by  the  name  of  The  Incorporation  of 

thecorpo-  PrqvIDENCE  PLANTATIONS  IN  THE  NaRRAGANSETT  BaY, 
ration.  ' 

New  England — together  with  full  power  and  authority 
to  rule  themselves,  and  such  others  as  shall  hereafter 
inhabit   within    any  part  of  the  said  tract  of  land,  by 
such  a  form  of  civil  government  as  by  voluntary  consent 
of  all,  or  the  greater  part  of  them,  they  shall  find  most 
suitable  to  their   estate    and   condition ;  and,  for  that 
Powers  of  Olid,  to  make  and  ordain  such  civil  laws  and  constitu- 
thecorpo-  ^JQj^g^  r^Yidi  to  inflict  sucli  punishments  upon  transgres- 
sors ;  and  for  execution  thereof  so  to  place,  and  dis- 
place officers  of  justice,  as  they,  or  the  greatest  part  of 
them,  shall  by  free  consent  agree  unto. 
Proviso.        '•''Provided  nevertheless  that  the  said  laws,  constitutions 
and  punishments,  for  the  civil  government  of  the  said 
plantations,  be  conformable  to  the  laws  of  England,  so 
far  as  the   nature   and    constitution  of  the  place  will 
Reserva-    admit.     And  always  reserving  to  the  said  earl  and  corn- 
powers  to  niissioners,  and  their  successors,  power  and  authority 
the  earl,     go  to    dispose   the   general   government  of  that,  as  it 
stands   in   relation   to   the  rest  of  the  plantations  in 
America ;  as  they  shall  conceive    from    time  to  time, 
most  conducing  to  the  general  good  of  the  said  planta- 
tions, the  honor  of  his  majesty,  and  the  service  of  the 
state.     And  the  said  earl,  and  commissioners,  do  fur- 
ther authorize,  that  the  aforesaid  inhabitants,  for  the 
better  transacting  of  their  public  affairs  do  make  and 


THE   UNITED   STATES   OF   AMERICA.  338 

THE    COLONY    OF    RIIODK    ISLAND.  PaRT    II. 

use    a  public    seal    as    the  known  seal  of  Providence  Colony  au- 
Tlantations  in  the  Narragansett  Bay,  in  New  England,  \^l°y^^'^   '° 

"//i  testimony  ivhcreof,  the  said  Robert,  Earl  of  AVar-  t;omraon 
wick,  and  commissioners,  have  hereunto  set  their  hands 
and    seals  the   fourteenth  day  of  March,  in  the  nine- 
teenth year  of  the  reign  of  our  Sovereign  lord,  king 
Charles,  and  in  the  year  of  our  Lord  God,  1643. 
Robert,  Warwick,  H.  Vane, 

Philip,  Pembroke,  Sam.  Yassel, 

Sey  and  Seal,  John  Rolle, 

P.  Wharton,  Miles  Corbet,  ^  ^  jj^^_ 

Arthur  Haslering,  W.  Spurstow."         ard's  State 

Cor.  Holland,*.  538.*^'^^' 


There  are  principles  of  liberty  embodied  in  the  pro- ponticai 

visions  of  this  charter,  which  it  is  important  to  observe  ^'*^'"f"t3 , 
•  11  11  -iz-i      developed 

m  connection  with  what  we  have  elsewhere  said  oi  the  in  this 

development  of  the  political  elements  embraced  in  the  '^"^'"t*^'"- 

protestantism  of  the  puritans.     It  makes  Rhode  Island 

a  corporation   independently  of  the  crown.     It  places 

the  source  of  all  power  in  the  people  inhabiting  in  the 

colony.     It  gives  them  full  freedom  to  choose  their  own 

system  of  government,    administration,    and   laws,   to 

elect  their  own  chief  officers  and  other  magistrates  by 

their  own  free  suffrages,  and  concedes  that  principle  in 

government  which  gives  absolute  control  to  the  will  of 

the  majority.     In  a  word,  it  recognizes  fully  the  idea  of 

a  free  republican  government  based  on  the  jDrinciple  of 

sovereignty  in  the  people. 

A  convention  composed  of  the -several  plantations  Organiza- 

of  Providence,  Xewport,  Portsmouth,  and   Warwick,  *!""  V"'^'^'" 

'  ^         '  '  '  the  charter 

convened  at  Portsmouth  in  May,  1647,  and  organized  from  the 
the  government  of  the  colony  more  formally  under  the  ^yarwick 
provisions  of  this  ordinance,  though  it  was  not  mate- ^^^iy^  1647. 
rially  varied  from  what  it  had  already  been.      The  System  of 
general  powers  of  the  corporation  were  vested  in  a'"'"!"""^" 
president  and  four  assistants,  a  general  recorder,  and 
treasurer.     They  also  constituted  a  general  court  for 


334 


THE   GOVERNMENTAL   HISTORY   OP 


Part  II. 


NEW    ENGLAND. 


Organiza- 
tioa  under 
the  charter 
from  the 
Earl  of 
Warwick, 
May,  1047. 


*  1  Bart- 
lett's  Col. 
Records, 
149,  150. 


Preamble. 


Mutual 
guarantee, 


the  administration  of  justice,  with  original  and  appel- 
late jurisdiction.  The  legislative  power  was  vested  in 
the  same  magistrates  jointly  with  a  court  of  commis- 
sioners, or  deputies,  consisting  of  persons  chosen  by 
the  freemen  of  the  several  towns  then  in  existence, 
two  from  each.  Each  township  choosing  a  council  of 
six  magistrates  for  the  regulation  of  its  local  interests, 
and  for  hearing  minor  controversies.  A  general  court 
of  election  to  be  held  annually  "  upon  the  first  Tuesday 
after  the  fifteenth  of  May,  if  wind  and  weather  hinder 
not.  The  general  court  of  trial  immediately  to 
succeed  upon  dissolving  of  the  said  general  court,  viz., 
the  next  day."  The  voting  at  the  general  election  to 
be  by  ballot,  and  "as  many  as  may  be  necessarily 
detained  that  they  cannot  come  to  the  general  court 
of  election,  that  then  they  shall  send  their  votes  sealed 
up  unto  the  said  court,  which  shall  be  as  effectual  as 
their  personal  appearance."* 

After  making  provision  for  the  general  administra- 
tion of  the  colonial  government,  they  proceeded  to  the 
enactment  of  certain  general  declarations,  as  follows, 
the  orthography  being  changed,  viz. : 

^^ Forasmuch  as  we  have  received  from  our  noble 
lords  and  honored  governours,  and  that  by  virtue  of  an 
ordinance  of  the  parliament  of  England,  a  free  and 
absolute  charter  of  civil  incorporation,  &c.,  We  do 
jointly  agree  to  incorporate  ourselves,  and  so  to  remain 
a  body  politic  by  the  authority  thereof,  and  therefore 
do  declare  to  own  ourselves  and  one  another,  to  be 
members  of  the  same  body,  and  to  have  right  to  the 
freedom  and  privileges  thereof,  by  subscribing  our 
names  to  these  words  following,  viz. : 

"  TTe,  whose  names  are  here  underwritten,  do  engage 
ourselves,  to  the  utmost  of  our  estates  and  strength,  to 
maintain  the  authority,  and  to  enjoy  the  liberty,  granted 
to  us  by  our  charter,  in  the  extent  of  it  according  to 
the  letter,  and  to  maintain  each  other  by  the  same 
authority,  in  this  laAvful  right  and  liberty. 


THE   UNITED    STATES  OF  AMERICA.  335 

THE  COLONY  OF  RHODE  ISLAND.  PaRT  II. 

*'^And  now^  since    our   charter   gives   us   power   toorganiza- 
govcrn  ourselves,  and  such  other  as  come  among  us,  [|^"°  under 
by  such  a  form  of  civil  government  as  by  the  voluntary  iVom  the 
consent,  &c.,  shall  be  found  most  suitable  to  our  estate  Warwick 
and  condition — It  is  ag-reed  by  this  present  assembly  i^**^- 
thus  incorporate^  and  by  this  present  act  declared,  that 
the  form  of    government    established    in   Providence  The  gor- 
Plantations  is  democratical ;  that  is  to  say,  a  govern- j™|!^^°J 
ment  held  by  the  free  and  voluntary  consent  of  all,  ordemo- 
the  greater  part  of  the  inhabitants ;  And  noiv,  to  the 
end  that  we  may  give,  each  to  other,  (notwithstanding 
our  different  consciences,  touching  the  truth  as  it  is  in 
Jesus,  whereof,  upon  the  point  we  all  make  mention) 
as  good  and  hopeful  assurance  as  we  are  able,  touching  Mutual 
each  man's  peaceable  and  quiet  enjoyment  of  his  lawful  ^  ^^^  '^°' 
right  and  liberty,  we  do  agree  unto,  and  by  the  author- 
ity above   said,  enact,  establish,  and    confirm,   these 
orders  following: 

*' Touching  Laws.     1.  That  no  person,  in  this  col-Xonetobe 
ony,  shall  be  taken  or  imprisoned,  or  be  disseized  of  f^J*j '^^y'^ 
his  lands  or  liberties,  or  be  exiled,  or  any  othcrwayse  law. 
molested  or  destroyed,  but  by  the  lawful  judgment  of 
his  peers,  or  by  some  known  law,  and  according  to  the 
letter  of  it,  ratified  and  confirmed  by  the  major  part 
of   the    general    assembly   lawfully   met   and    orderly 
managed. 

"  2.  That  no  person  shall  (but  at  his  peril)  presume  Public 
to  bear  or  execute  any  ofiice,  that  is  not  lawfully  called  °  *^^"' 
to  it,  and  confirmed  in  it ;  nor,  though  he  be  lawfully 
called  and  confirmed,  presume  to  do  more  or  less  than 
those  that  had  power  to  call  him,  or  did  authorize  him 
to  do. 

"  3.  That  no  assembly  shall  have  power  to  constitute  Enactment 
any  laws  for  the  binding  of  others,  or  to  ordain  officers 
for  the  execution  thereof,  but  such  as  are  founded  upon 
the  charter  and  rightly  derived  from  the  general  as- con^ppug^. 
semblv,  lawfullv  met  and  ordci'lv  managed.  t'"°  of 

"  4.  That  no  person  be  employed  m  any  service  for  officers. 


336  THE   GOVERNMENTAL    HISTORY   OF 

Part  II.  new  England. 


Organiza-  the  public  administration  of  justice  and  judgment  upon 
thcTchane'r^^^^*^^®^^'  or  between  man  and  man,  without  good  en- 
from  the    couragemeut  and  due  satisfaction  from  the  public,  either 
Warwick    out  of  the  common  stock,  or  out  of  the  stocks  of  those 
i^*'^-         that  have  occasioned  his  service  ;  that  so,  those  that 
are  able  to  serve  may  not  be  unwilling,  and  those  that 
are  able  and  willing  may  not  be  disabled  by  being  over- 
burdened.    And  then,  in  case   a  man  be  called  into 
office  by  a  lawful  assembly,  and  refuse  to  bear  ofhce,  or 
be  called  by  an  officer  to  assist  in  the  execution  of  his 
Punish-      office,  and  refuse  to  assist  him,  he  shall  forfeit  as  much 
"fusing^ to  again  as  his  wages  would  have  amounted  unto,  or  be 
a^cpt       otherwise  fined  by  the  judgment  of  his  peers ;  and  to 
pay  his  fine  or   forfeiture,  unless   the  colony  or  that 
lawful  assembly  release  him.     But  in  case  of  eminent 
danger  no  man  shall  refuse. 

'■'■And  tww,  forasmuch  as  our  charter  gives  us  power 
to  make  such  laws,  constitutions,  penalties,  and  officers 
of  justice-  for  the  execution  thereof,  as  we,  or  the 
Laws  to  be  greater  part  of  us,  shall  by  free  consent  agree  unto; 
abie^t^™"  and  yet  does  premise  that  those  laws,  constitutions, 
those  of  and  penalties  so  made,  shall  be  conformable  to  the 
laws  of  England,  so  far  as  the  nature  and  constitution 
of  our  place  will  admit,  to  the  end  that  we  may  show 
ourselves  not  only  unwilling  that  our  popularity  should 
prove  (as  some  conjecture  it  will)  an  anarchy,  and  so 
a  common  tyranny ;  but  willing  and  exceedingly  de- 
sirous to  preserve  every  man  safe  in  his  person,  name, 
and  estate ;  and  to  show  ourselves,  in  so  doing,  to  be 
also  under  authority ;  by  keeping  within  the  verge  and 
limits  prescribed  us  in  our  charter,  by  which  we  have 
authority  in  this  respect  to  act : 

"  We  do  agree  and  by  this  present  act  determine  to 
make  such  laws  and  constitutions  so  conformable, 
ifec,  or  rather  to  make  those  laws  ours,  and  better 
known  among  us ;  that  is  to  say,  such  of  them  and  so 
far  as  the  nature  and  constitution  of  our  place  will 
admit. 


THE   UNITED    STATES   OF   AMERICA.  337 

THE    COLONY    OF    RHODE    ISLAND.  I'aRT    II. 

"Touching  the  Comjion  Law. — It  being  the  common  orsaniza- 
riglit  among  common  men,  and  is  profitable  cither  to  [j°"^.i"^',^J^^ 
direct  or  correct  all,  without  exception;  and  it  being  from  the 
true,  which  that  great  doctor  of  the  gentiles  once  said,  w-irwiek 
that  the  law   is  made   or  brought  to  light,  not  for  a  1647. 
riditeous  man,  who  is  a  law  unto  himself,  but  for  the  The  com- 
careless  and  disobedient  in  the  generall,  but  more  par- '""'^ ''^"^• 
ticularly  for  murderers  of  fathers  and  mothers  ;   for 
manslayers,  for  whoremongers,  and  those  that  defile 
themselves  with  mankind  ;   for  menstealcrs,  for  liars  The  sub- 
and  perjured  persons;   unto   which,  upon   the   point, j^^.^^ 
may  be  reduced  the  common  law  of  the  realm  of  Eng- 
land, the  end  of  which  is  as  propounded,  to  preserve 
every  man  safe  in  his  own  person,  name,  and  estate : 
We  do  agree  to  make,  or  rather  bring  such  laws  to 
light,  for  the  direction  or  correction  of  such  lawless  Exposi- 
persons,  and  for  their  memories'  sake  to  reduce  them  ll""®  °^ 

^  '  the  com- 

to  these  five  general  laws  or  heads,  viz. :  mon  law. 

"  1.  Under   that    head   of    murdering   fathers   and  Murderers. 
mothers,  being  the  highest  and  most  unnatural,  are 
comprehended  those  laws  that  concern  high  treason, 
petty  treason,  rebellion,  misbehavior,  and  their  acces- 
saries. 

"  2.  Under  the  law  for  manslayers,  are  comprehended  Manslay- 
those  laws  that  concern  self-murder,  murder,  homicide,  *^^^" 
misadventure,  casual  death,  cutting  out  the  tongue  or 
eyes,  witchcraft,  burglary,  robbery,  burning  of  houses, 
forcible  entries,  rescues  and  escape,  riots,  routs  and 
unlawful  assemblies,  batteries,  assaults  and  threats, 
and  their  accessaries. 

"3.    Under  the  law  for  whoremongers,  and  those  Whoro- 
that  defile  themselves  with  mankind,  beino-  the  chief  '"""S'^^ 
of  that  nature,  are  comprehended  those  laws  that  con- dcfilers. 
cern  sodomy,  buggery,  rape,  adultery,  fornication,  and 
their  accessaries. 

"  4.  Under  the  law  for  men-stealers,  being  the  chief  Men-steal- 
of   that  nature,  are  comprehended   those    laws   that'^"" 
concern  theft  of   men,  larceny,  trespass   by  men  or 
22 


338  THE   GOVERNMENTAL   HISTORY   OF 

Part  II.  new  England. 

Organiza-   beasts,  fraudulent  dealing  by  deceitful  bargain,  cove- 
thTchaiSr  "ants,  conveyances  by  barratry,  conspiracy,  champer- 
from  the    tie,  and  maintenance,   by  forging  or  rasing   records 
Warwick,  writs,   dccds,   leases,   bills,   <fec.,  and    by   using   false 
May,  1G47.  weights  and  measures,  and  their  accessaries. 
Liars,  &c.       "  5.  Under   the  law  for  liars  and  perjured  persons, 
being  the  chief  of  that  nature,  are  comprehended  such 
as  concern  perjury  itself,  breach  of  covenant,  slander, 
false  witness-bearing,  and  their  accessaries. 

^^And  as  necessary  concomitants  hereof,  to   prevent 
Laws  for    murder,  theft  and  perjury,  we  do  jointly  agree,  in  this 
present  assembly,  to  make  or  produce  such  laws  as  con- 
cern provision  for  the  poor  so  that  the  impotent  shall 
be  maintained  and  the  able  employed.     And  to  prevent 
poverty  it  is  agreed,  that  such  laws  be  made  and  pro- 
duced as  concern  the  ordering  of  ale-houses  and  taverns, 
drunkenness  and  unlawful  games  therein ;  and  instead 
Public       of  such  to  propagate  archery,  which  is  both  man-like 
'"°'*^'      and  profitable:    And  to  prevent  whoredom  and  those 
evils  before  mentioned,  it   is  agreed,  by  this   present 
assembly,  to  constitute  and  establish  some  ordinance 
concerning  marriage ;  probate  of  wills,  and  intestates." 
The  Assembly  immediately  thereupon  proceeded  to 
enact   laws  under  all  of  these   heads,  and  concluded 
their  enactments  in  these  peculiarly  characteristic  and 
comprehensive  words — "  These  are  the  laws  that  con- 
cern all  men,  and  these  are  the  penalties  for  the  trans- 
gression thereof,  which,  by  common  consent,  are  rati- 
fied  and   established    throughout    this   whole  colony: 
And  otherwise  than  thus  Avhat  is  herein  forbidden,  all 
men  may  walk  as   their  consciences   persuade   them, 
every  one  in  the  name  of  his  God.     And  let  the  saints 
•See  Bart- of  ^j^^  -^^^^^  B.\s\\  walk  in  this  colony  without  molesta- 

lett'a  Colo-    ,  ®  Vi     1    /. 

niai  Rcc-    tion,  in  the  name  of  Jehovah  their  God,  for  ever  and 
ord8ll.L   e^-er."* 


Its  ele-  Thus  we  have  in  the  charter  and  the  organization  of 

freedom,    the  government  of  the  small  colony  of  the  Providence 


THE  UNITED   STATES   OP  AMERICA.  339 

THE    COLONY    OF    RHODE    ISLAND,  PaRT    II. 

plantations,  and  emanating  from  the  very  wilderness  Organiza- 
itsclf,  the  fullest  elucidation  of  the  political  elements  of  tia' dmltTr 
freedom  embraced  in  the  protestantism  of  the  puritans,  ^o'"  ^he 
which  we  have  yet  recorded.     It  not  only  recognizes  the  Warwick, 
right  of  the  subject  to  freedom  of  conscience,  but  it  also  ^^^''  ^^^'''• 
insists  that  civil  and  religious  liberty  are  correlative,  co- 
existent, and  inseparable  elements  in  the  constitution 
of  a  just  government.     There  is  in  it  no  recognition  of 
the  church  as  a  power  in  the  state,  nor  is  the  civil  admin- 
istration pledged  to  give  to  it  any  special  protection, 
while  a  pure  protestant  Christianity  is  recognized  as  an 
essential  element  of  life  in  the  body  politic  and  social. 
This  charter  was   confirmed   to  the  people  of  Rhode 
Island  under  the  Commonwealth,  by  Cromwell,  and  the 
same  form  of  government  continued  until  after  the  res- 
toration of  the  monarchy  in  England. 

The  re-establishment  of  the  monarchy  under  Charles 
II.  was  regarded  with  different  feelings  in  the  different  On  the  res- 
American  colonies.  The  people  of  the  southern  por- ^^^^gj!^" 
tion  rejoiced  on  receiving  intelligence  of  his  coronation ;  Charles  II., 
while  the  people  in  most  of  the  New  England  planta- 
tions, and  more  particularly  in  the  colony  of  Massachu- 
setts Bay,  heard  it  if  not  with  regret  at  least  with  appre- 
hension. Not  so  much  on  account  of  any  absence  of 
loyalty  to  the  regal  power,  as  because  of  the  danger  it 
seemed  to  forebode  to  their  charters  and  their  existing 
forms  of  government.  The  recently  dominant  admin- 
istration, whether  through  leniency  or  weakness, 
through  necessity  or  negligence,  through  ignorance  or 
indifference,  had  been  less  mindful  of  the  liberties 
which  its  subjects  in  America  had  assumed  under  their 
charters,  than  it  was  feared  might  consist  with  the  rigid 
notions  of  sovereignty  which  were  supposed  to  be  enter- 
tained by  a  prince  so  recently  restored  to  the  possession 
and  enjoyment  of  his  long  lost  kingly  powers  and  pre-  , 
rogatives.  The  people  of  Rhode  Island,  as  well  as 
Connecticut,  hailed  it  as  affording  them  an  opportuniFy 
to  secure  their  own  independent  existence,  and  to  pro- 


340  THE   GOVERNMENTAL    HISTORY   OP 

Part  II.  nkw  knoland. 

Upou  the  tect  themselves  against  the  hostility  which  they  had 
of  the  mou- ^li'cady  experienced  from  their  sister  colonies.  New 
aichv  un-  Plymouth,  Massachusetts  Bay,  Connecticut  and  New 
XL,  loGi).  Haven  had  entered  into  a  league  for  tlieir  mutual  de- 
fence and  protection  from  which  the  Providence  planta- 
tions were  excluded.  "This  colony  never  could  be 
Relations  acknowledged  for  a  colony  till  his  majesty's  charter  was 
other  New  published,  tliougli  in  the  year  1643,  they  sent  over  some 
England     i^to  England  to  procure  the  king's  charter  then,  but 

colonies.      /,     ,.  ,  ,  ,  -,-,■,. 

lindmg  that  unnatural  war  begun  and  the  kmg  gone 
from  London,  (as  we  have  seen,)  tliey  took  a  charter 
from  the  Lords  and  Commons,  which  was  more  than  New 
Haven  did  pretend  to,  and  more  than  Connecticut  could 

*  2   Bart- 

lett's  Colo-  show,  yet  these  two  were  admitted  by  the  colonies  to  their 
nial  Rec-    cr^eat  Combination,  and  Rhode  Island  was  slighted."* 

ords  R.  I.,  . 

129.  Her  patent  having  been  thus  procured  under  a  revo- 

lutionary administration,  was  by  a  strange  inconsistency 
— for  all  of  the  New  England  colonies  now  held  their 
territory  and  constitutions  by  a  title  more  or  less  revo- 
lutionary— regarded  as  not  entitling  her  to  the  position 
or  consideration  of  a  regularly  organized  colony,  invest- 
ed with  full  corporate  and  political  powers.     Massachu- 
setts Bay  was  continually  claiming  jurisdiction  within 
Claims  of  lier  prccincts  on  this  pretext,  and  so  earnestly,  from 
Mass.  Bay.  time  to  time,  was  her  persistent  and  vexatious  claim 
pressed  upon  them,  that  on  a  repetition  of  it  in  Sep- 
tember, 1655,  Roger  Williams  thus  broke  out  in  a  letter 
Roger  Wil-  to  the  government  of  that  colony : 
iSs.  Bay,      "Honored  Sirs,  I  cordially  profess  it  before  the  Most 
1655.         High,  that  I  believe  it,  if  not  only  they*  but  ourselves 
*leofPaw-^^^^  the  whole  country  were  by  joint  consent,  subject  to 
tuxet.        your  government  it  might  be  a  rich  mercy:     But  as 
things  yet  are,  and  since  it  pleased  first  the  parliament, 
and  then  the  Lord  admiral  and  committee  for  foreign 
plantations ;  and  since  the  council  of  state ;  and  lastly 
the  Lord  Protector  and  his  council,  to  continue  us  as  a 
dtstinct  colony ;  yea,  and  since  it  hath  pleased  yotu'- 
selves,  by  public  letters  and  references  to  us  from  your 


THE   UNITED    STATES   OF   AMERICA.  841 

THE    COLONY    OF    RHODE    ISLAND.  PaRT    IL 

public  courts,  to  own   the  authority  of  his   Highness 

amongst  us :     Be  pleased  to  consider  how  unsuitable  it 

is  for  yourselves  (if  these  families  at  Pawtuxct  plead 

truth)  to  be  the  obstructers  of  all  orderly  procecdhigs 

amongst  iis :     For  I  humbly  appeal  to  your  own  wisdom 

and  experience,  how  iinlikely  it  is  for  a  people  to  bciett's  Colo- 

compelled  to  order  and  common  charges,  when  others  ^"'^J  ^^'^i 

^  ords  R.  I., 

iu  their  bosoms  are  by  such  (seeming)  partiality  ex- 323. 
empted  from  both."* 

Connecticut,  though  in  reality  possessing  no  better 
title  to  her  own  jurisdiction,  had  also  at  times  infringed 
upon  the  rights  of  Rhode  Island,  and  was  even  now 
supplicating  the  crown  for  a  charter  conveying  a  title 
beyond  her  own  proper  territorial  precincts.  Appre- 
hensive under  these  circumstances  that  they  might 
become  absorbed  in  one  or  the  other  of  these  rival  gov- 
ernments, the  people  of  Rhode  Island  determined  to 
make  application  to  Charles  II.  for  a  patent  which 
should  confirm  to  them  their  title  to  the  soil,  and  invest 
them  with  the  requisite  corporate  powers,  and  political 
jurisdiction  over  it.  Accordingly,  at  a  session  of  the 
general  court  of  commissioners,  held  at  Warwick,  on 
the  eighteenth  of  October,  1660,  a  commission  for  that 
purpose  was  ordered  and  executed,  as  follows,  viz : 
"To  our  trusty  and  well-beloved  friend  and  agent,  Mr. 
John  Clarke,  of  Rhode  Island,  physician,  now  resid- 
ing in  London,  or  Westminster. 

"  Whereas,  we,  the  colony  of  Providence  Plantations  in  Commis- 
Neiv  England,  having  a  free  charter  of  incorporation  negotiate 
given  and  granted  unto  us  in  the  name  of  the  king  and  ^^^  ^  <^^^''- 

^  ^  .  T\        •    •  **^^  from 

parliament  of  England,  bearing  date  Anno  Domnu  one  the  crown, 
thousand  six  hundred  and  forty-three;  by  virtue  of  ^^^^'g^^^' 
which  charter  this  colony  hath  been  distinguished  from 
the  other  colonies  in  New  England ;  and  have  ever  been ; 
and  to  this  time  maintained  government  and  order  in 
the  same  colony  by  administering  judgment  and  justice 
according  to  the  rules  in  our  said  charter  prescribed. 
And  further^  ivhereas  there  have  been  sundry  obstruc- 


342  THE   GOVERNMENTAL    HISTORY   OF 

Part  II.  new  England. 

Upon  the  tions  emerging,  whereby  this  colony  hath  been  put  to 
of  the  moQ.  trouble  and  charge  for  the  preservation  and  keeping 
archy.  inviolate  those  privileges  and  immunities  to  us  granted 
in  the  aforesaid  free  charter ;  which  said  obstructions 
arise  from  the  claims  and  encroachments  of  neighbours 
about  us,  to  and  upon  some  parts  of  the  tract  of  land 
mentioned  in  our  charter  to  be  within  the  bounds  of 
this  colony. 

"  These  are  therefore  to  declare  and  make  manifest 
unto  all  that  may  have  occasion  to  peruse  and  consider 
of  these  presents,  that  this  present  and  principal  court 
of  this  colony,  sitting  and  transacting  in  the  name  of 
Commis-    ^^is  most  gracious  and  royal  majesty,  Charles  tlie  II.  by 
^'otiite  for*^^^  grace  of  God,  the  most  mighty  and  potent  king  of 
a  charter    England,  Scotland,  France  and  Ireland,  and  all  the 
crown  ^^     dominions  and  territories  thereunto  belonging — do,  by 
Oct.,  16G0.  these  presents,  make,  ordaine,  and  constitute ;  desire, 
authorize,  and   appoint,  our   trusty  and  well   beloved 
friend,  Mr.  John  Clarke,  physician,  one  of  the  mem- 
bers of  this  colony,  late  inhabitant  of  Rhode  Island  in 
the  same  colony,  and  now  residing  in  Westminster,  our 
undoubted  agent  and  attorney ;  to  all  lawful  intents 
■  and  purposes,  lawfully  tending  unto  the  preservation 

of  all  and  singular  the  privileges,  liberties,  boundaries, 
and  immunities  of  this  colony,  as  according  to  the  true 
intent  and  meaning  of  all  contained  in  our  said  char- 
ter, against  all  unlawful  usurpations,  intrusions  and 
claims,  of  any  person  or  persons,  on  any  pretenses,  or 
by  any  combination  whatsoever :  Not  doubting  but 
s  the  same  gracious  hand  of  Providence,  which  moved 

the  most  potent  and  royal  power  aforesaid,  to  give  and 
grant  us  the  aforesaid  free  charter,  will  also  still  con- 
tinue to  preserve  us  in  our  just  rights  and  privileges, 
by  the  gracious  favor  of  the  power  and  royal  majesty 
aforesaid  ;  whcreunto  we  acknowledge  all  humble  sub- 
mission and  loyal  subjection. 

"  Given  in  the  twelfth  year  of  the  reign  of  our 
sovereign  lord,  Charles  the  second,  king  of 


THE   UNITED   STATES   OF   AMERICA.  343 

THK    COLONY    OF    RHODE    ISLAND.  PaUT    II. 

England,  Scotland,  France  and  Ireland. — At  Upon  the 
the  general  court,  lioldcn  for  the  colony  of  ot**ti*,'(f ''°" 
Providence  plantations  at  "Warwick,  the  18th  monarchy 
day  of  October,   anno   doniini    1660,   sealed  charlcs  II. 
"with  the  seal  of  the  colony," 


This  commission,  it  will  be  observed,  is  very  care- policy  of 
fully  drawn,  so  as  not  to  ofiend  the  ear  of  majesty.     It  |^^''^,^^°^"^''' 
overlooks    the    interregnum    of    the    commonwealth,  their  alle 
although  the  colonial  government  had  recognized  its  ^he  com- 
suprcmacy,  and  directed  tliat  all  transactions  in  the  mon- 
colony  "  should   be   issued   out   in   the    name    of  his  i654. 
highness  the  lord  protector  of  the  commonwealth  of 
England,   Scotland   and   Ireland,  and   the    dominions 
thereto  belonging."* 

So  also  on  hearing  of  the  death  of  Oliver  and  the  suc- 
cession of  Richard  Cromwell  in  1658,  they  hastened  to 
make  their  appeal  to  him  for  the  preservation  of  their 
charter,  wherein  they  say — ^'■May  it  please  your  hig-hness.  Their  alle- 
It  was  inexpressible  sorrow  to  us  to  receive  the  tidings  ^'.'^"^^j^ 
of  your  and  the  tliree  nations',  and  our  own  and  sore  Cromwell, 
loss,  in  the  late  departure  of  your  and  tlie  nations'  most    '^^" 
renowned  lord  and  father.     And  it  was  and  is  as  great 
a  joy  unto  us  that  it  hatli  pleased  God  to  provide  for 
the  three  nations  and  ourselves  such  a  cordial  as  your 
highness  is,  both  in  respect  of  your  renowned  stock, 
and  also  of  that  high  worth  and  hope  of  which  we  have 
heard  your  highness'  self  to  be  :     In  whom  our  humble 
desires  are,  that  the  three  nations  and  ourselves  may 
find  a  healing  of  our  so  great  a  wound  and  stroke. 
Our  deepest  wishes  and  humble  desires  unto  God,  the 
father  of  lights,  are,  for  a  double  portion  of  your  blessed 
father's  spirit  to  be  poured  down  into  your  highness' 
noble  breast,  and  instead  of  an  earthly  crown,  (which 
his  heavenly  mind   refused)   we  most  earnestly  wish  *  i  Bart- 
your  highness  and  the  lords  of  your  most  honorable  niai  Rec*.**** 
counsel  to  be  crowned  with  the  crown  of  wisdom  and  ^-  ^-> 
fortitude,  prosperity  and  success,  obedience  and  love 
of  the  nations."  * 


344  THE    GOVERNMENTAL    HISTORY    OF 

Part  II.  nkw  kngland. 

Their  ui'c-  And  still  farther,  even  so  late  as  the  sitting  of  the 
pallia-  general  court  oi  the  colony  in  August,  after  the 
nient,  Au-  abdication  of  Richard  Cromwell,  tliey  recognized  the 

gust,  16o9.  .  ^  .<  o 

existence  and  the  authority  of  "  the  high  court  of  par- 
liament" and  "the  right  honorable  council  of  state  in 
England."     And  subsequently,  having  been  informed  by 
"  letters  from  Mr.  Clarke  out  of  England,  that  the  pres- 
ent government  thereof  is  by  the  old  parliament,  as  it  was 
six  years  since  without  a  single  person  or  house  of  peers," 
And  in       they  liastcu  to  declare — '■'■It  is  ordered  by  this  present 
iCo9.  ^^'     court  that  all  warrants   and  summons  shall  be  issued 
forth  in  the  name  of  the  supreme  authority  of  the  com- 
monwealth of  England ;  and  that  all  writs  and  war- 
rants formerly  issued  out,  or  bond  taken,  in  the  name 
*iBart-     of   the  lord  protector,    shall   be  in  force  until  those 
423'.   "  ~  actions  be  issued  and  accomplished."* 
Policy  of        Mr.  John    Clarke   was    the    watchful    and    efficient 
counor'^  agent  of  the  colony,  in  London,  at  each  of  these  dates, 
the  colony,  and  it  is  evident  that  both  he  and  the  ruling  men  of 
Rhode  Islandwwere  skillful  diplomatists  ;  and  they  knew 
well  how  to  suit  the  action  to  the  word  and  the  word 
to  the  action,  whenever  occasion  or  interest  required. 
The  negotiations  for    a  charter   from  Charles  II.  are 
alike  creditable  to  the  intellectual  and  diplomatic  abil- 
ities of  their  agent,  however    they  may  be  regarded  in 
respect  of  their  historical  verity. 
Its  action       i^})q  crown,  it  will  be  remembered,  was  restored  to 

on  receiv- 
ing inteiii-  Cluirlcs  II.  in  June,  16G0.     The  intelligence  was  imme- 

fh^resto-   ^lately  commuiiicatcd  by  Mr.   Clarke  to  the  general 
ration,       court,  enclosing  a  copy  of  the  king's  letter  to  the  par- 
1660.   '      liamcnt,  and  his  declaration  and  proclamation  on  as- 
cending the  throne.  '  Copies  of  these  documents  were 
received  in  Rhode  Island,  and  opened  and  read  at  the 
October  session  of  the  court  in  the  same  year ;  where- 
Charles  II.  Upon — "  It   IS   ordered  that   his    royal    majesty,   king 
kir'at"'''^  Charles  the  Second,  king  of  EngLand,  Scotland,  France, 
Warwick,   and  Ireland,  with  all   the  dominions   and   territories 
thereunto  belonging,   shall   be    proclaimed   to-morrow 
morning  at  eight  of  the  clock,  in  presence  of  this  pres- 


THE   UNITED    STATES   OP   AMERICA,  345 


THE    COLONY    OF    RHODK    ISLAMi.  PakT    II. 

ent  court;  and  that  the  officers  of  the  traiiie  band  of 
this  town  do  rally  the  company  or  trainc  band  of  this 
town  together  to  solemnize  the  proclamation.  It  is 
ordered  that  all  writs,  warrants,  with  all  other  public 
transactions,  shall  be  from  henceforth  issued  forth  and 
held  in  his  royal  majesty's  name  ;  and  that  all  bonds 
formerly  taken,  shall  continue  in  force  till  issued. 

"/^  is  ordered  that  on  the  next  Wednesday,  which  Charles  Ii. 
will  be  on  the  21st  of  this  instant  month,  each  town  in  claimed^" 
this  colony  shall  then,  at  the  head  of  the  company  of  ^"^S 
each  traine  band,  solemnize  the  proclamation  of  his  out  the 
royal  majesty  ;  and  that  the  captain  of  each  town  is ''"°  "°^' 
hereby  authorized  and  required  to  call  the  traine  bands 
together  to   solemnize    the   said   proclamation  on   the 
aforesaid  day,  if  the  weather  do  permit ;  if  not,  it  is  to 
be  done  on  the  next  fair  day,  and  that  all  the  children 
and  servants  have  their  liberty  for  that  day."*  *i  ^'^'■*- 

It  was  immediately  following  these  orders  of  the  gen-xhe  com- 
cral  court,  that  a  committee  was  appointed  for  the  pur-  "''^sion  to 

.     ,    ^         Mr.  Clarke. 

pose,  and  on  the  same  day  reported  the  commission  to 

Mr.  Clarke   which   I  have   already  transcribed.     This  i^^e  page 

3-il 

commission,  subscribed  by  the  general  recorder  with 
the  seal  of  the  company  annexed,  was  enclosed,  with 
copies  of  the  foregoing  orders  of  the  general  court, 
"in  a  letter  to  Mr.  Clarke,  in  answer  to  his  letter," 
and  at  once  transmitted  to  England.  On  receipt  of 
these  documents,  he  proceeded  without  delay  to  the 
discharge  of  his  important  trust,  by  addressing  his 
majesty  as  follows : 

^^ Petition  of  John  Clarke,  Agent  of  the  Colony  of  Rhode 
Island,  to  the  King. 

"To  Charles  the  second:   By  the  wonderful,  provi- The  first 
dent,  and  gracious  disposing  hand  of  the  Most  High,P'''Y'°"^°'^ 
of  England,  Ireland,  and  Scotland,  with  the  large  do-i660. 
minions  and  territories  thereunto  belonging : 

"  High  and  Mighty  King ;  The  humble  petition  and 
representation  of  John  Clarke,  on  the  behalf  of  the 
purchasers  and  free  inhabitants  of  Rhode  Island,  and 


346  THE   GOVERNJIENTAL   HISTORY   OF 

Part  II.  new  kngland. 

First  peti-  of  the  coloiiy  of  Providence  plantations  in  the  Narra- 
Charles  II  g^^^setts  Bay,  in  New  England,  most  humbly  showeth, 
for  a  char- that  vour  petitioners  were  necessitated  lonsf  since,  for 

ter,  1660.  "^     „      '        .  ,,,  j.    .       .i  i  •  j 

Causes  of  ^^^^^  ^^  conscience  with  respect  to  the  worship  and 
their  re-    service  of  God,  to  take  up  a  resolution  to  quit  their 
America,    dear  and  native  country,  and  all  their  near  and  pre- 
cious relations  and  enjoyments  therein,  and  to  expose 
themselves  and  their  families  to  all  the  hazards  and  in- 
conveniences, which  they  might  meet  with  upon  the 
vast  and  swelling  ocean  over  which  they  should  pass, 
or  in  the  barbarous  and  howling  wilderness  to  which 
they  might  come.     That  being  thus  resolved,  they  were 
by  the  greatly  obliging  clemency  of  your  royal  father, 
not  only  permitted  to  prosecute  this  resolution  of  theirs, 
but  by  singular  favours  and  privileges  bestowed  upon 
them  encouraged  therein.     That  your  petitioners  being 
thus  resolved  and  encouraged,  after  a  long  encounter 
with  many  perils  of  sea  and  robbers,  were  by  the  good 
hand  of  the  Lord  safely  conducted  unto,  and  caused  to 
arrive  in  those  parts  of  America,  where,  for  the  afore- 
Cause  of    said  causes  of  conscience,  and  for  peace  sake,  they  were 
then-  re-     ^^^  necessitated  to  travail  further  among  the  barbari- 
froiR  Mas-  ans  ill  places  untrod,  and  with  no  small  hazard  to  seek 
Bay."^^  ^  o^t  ^  place  of  habitation,  where,  according  to  what  was 
propounded  in  your  petitioners'  first  adventure,  they 
might   with   freedom  of  conscience  worship  the  Lord 
their  God,  as  they  were  persuaded." 
Their  re-        "  That  being  in  this  wandering  posture,  in  this  vast 
Nan-^'an    ^^^^  dcsolatc  wildcrness,  they  were  by  the  provident 
eetts  Bay.  hand  of  the  Most  High,  guided   to  steer  their  course 
into  tlie  thickest  of  the  most  potent  princes  and  people 
of  all  that  country ;  where,  by  his  wonderful  working 
power  upon  their  hearts,  as  a  signal  token  that  the  hearts 
of  princes  and  people  are  in  his  hands  to  dispose  of  as 
he  pleases,  your  petitioners  found  them  free  to  admira- 
Their  re-    ^^°"'  "^^  o^^J  *o  part  with  the  choicest  parts  of  their 
ception  by  territories,  being  no  ways  inferior  for  commodious  liar- 
tives.'^'      hours  in  all  respects  unto  any  parts  of  that  country, 


THE   UNITED   STATES   OP   AMERICA.  347 

THE    COLONY    OF    RHODE    ISLAND.  PaKT    II. 

but  also  to  quit  their  native,  ancient,  and  very  advan- First  peti- 
tageous  stations  and  dwellings  thereon  to  make  room  (_Sbarics  ii. 
for  them.  f"'"  °-  ''^^^■ 

1        .  1  11  J  1         1  ter,  1600. 

"  That  your  petitioners  having  thus,  by  the  good  hand 
of  the  Lord,  and  countenance  of  their  prince,  gone  forth, 
found  out,  purchased,  possessed  and  planted  those  parts 
of  the  world  in  all  desirable  freedom  and  liberty  in  all  Freedom 
respects,  both  among  themselves  in  giving  to  all  (in  pfantation. 
point  of  freedom  of  conscience)  what  they  desired  for 
themselves  from  all  others,  whether  English  or  Indians, 
found  themselves  necessitated,  at  least,  for  some  time, 
for  the  preservation  and  accommodation  for  themselves 
and  their  families,  to  forbear  to  make  application  unto 
the  sovereign  power  to  which  they  adhered,  and  in  lieu 
thereof  and  grace  to  enter  into  an  actual  agreement 
among  themselves ;  and  as  the  true  natives  of  Eng- 
land, (though  so  remote)  and  the  loyal  subjects  thereof, 
for  the  present  to  regulate  themselves  by  the  laws  of 
that  nation,  so  far  forth  as  the  nature  and  constitution 
of  the  place  and  the  professed  cause  of  their  conscience 
would  permit." 

"  That  your  petitioners,  as   a  further  manifestation  Appiica- 
of  their  willing  dependence  upon  and  loyalty  to  the  ^j^^^^j^^^f 
sovereign  power  of  these  nations,  did  about  the  yeaV  charter. 
'42,  with  one  consent,  make  their  addresses  by  their 
agent  unto  your  royal  father,  for  his  further  and  more 
particular  countenance  and   encouragement   therein ; 
upon  which  address  in  the  year  '43,  there  was  granted 
unto  your  petitioners,  from  the  commissioners  empow- 
ered from  both  houses  of  parliament  for  the  general 
management  of  foreign  plantations,  a  free  and  absolute 
charter  of  civil  incorporation,  whereby  they  were  em- The  char, 
powered  to  choose  their  own  officers,  and  to  make  their  !r  ^""T 

'  the  earl 

own  laws,  only  with  this  limitation,  that  they  should  be  of  War- 
so  near  the  laws  of  England  as  the  nature  and  the  con-  ^  '*^'^* 
stitution  of  the  place  would  admit.     Tliat  your  peti- 
tioners, having  received  the  charter,  forthwith  grounded 
their  government  thereupon,  and  with  excessive  travail 


848  THE   GOVERNMENTAL   HISTORY   OP 

Part  II.  new  England. 

First  pcti-  and  charge  compiled  a  brief  body  of  laws  for  the  main- 
Charies  II  t^"^^^^o  ^^  ^^^'^^  socicty,  and  for  the  administration  of 
for  a  char- judgment  and  justice  amongst  themselves ;  being  drawn 
*^''     ^  '  from  and  founded  upon  the  laws  of  England,  so  near 
as   tlic   nature   and  constitution  of  the  place  with  the 
premised  eause  and  state  of  their  conscience,  would  pei-- 
mit ;  and  ordered  that  all  writs,  both  original  and  judi- 
cial, should  proceed  in  his  majesty's  name  as  the  rest 
of  the  corporations  in  England  were  wont  to  do. 
Demon-  "  That  ijour  petitioners,  upon  the  first  intelligence  of 

stiation3    w^Q  wonderful  working  hand  of  the  Most  High,  in  mak- 

oi  allegi-     .  TO  •  I 

ance  to  his  ing  way  to  administration  for  your  majesty  s  return 
majesty.  ^j^^Q  your  royal  throne,  did  forthwith  call  a  general 
court,  and  therein  as  a  testimony  of  our  ready  and 
joyful  reception  of  you,  and  of  your  petitioners  faith- 
ful allegiance  and  loyalty  to  you,  did  order,  of  your 
petitioners  own  accord,  and  with  joint  consent,  that 
your  majesty  should  be  forthwith  proclaimed  with  as 
much  solemnity  as  they  could,  in  all  the  towns  of  that 
country.  That  all  judicial  proceedings  and  acts  of 
power  should  issue  forth  in  your  royal  name,  and  that 
a  commission  and  letter  of  credence  should  be  sent 
unto  your  unworthy  petitioners,  in  order  to  make  their 
humble  address  unto  your  majesty. 

^'■Wherefore,  0  king!  seeing  it  hath  pleased  the  Most 
Holy  Majesty  on  High,  the  King  of  kings,  to  remember 
you  in  your  low  and  exiled  state,  with  such  wonderful 
and  obliging  favor,  whereby  as  it  were  without  hands, 
you  have  been  restored  to  and  clothed  with  more  excel- 
lent majesty,  and  more   absolute  sovereign  power,  than 
your  ancestors  have  attained  unto,  and  seeing  the  state 
of  the  case  with  your  poor  petitioners  is  really  such  as 
hath  been  presented,  ive  are  humbly  bold  to  congratu- 
late your  majesty  in  this  our  address,  humbly  prostrat- 
Proffertof  ing  ourselves  with  our  purchase  and  charter,  being  the 
thi^ln-^'"    titles  we  have  to  our   land   and  government,  at  your 
dians  and   majesty's  feet,  humbly  craving  we  may  find  such  grace 
Warwkk.  in  your  sight,  whereby  under  the  wing  of  your  royal 


THE    UNITED    STATES    OF   AMERICA.  349 


THE    COLONY    OF    RHODE    ISLAND.  PaRT    II. 

protection,  we  may  not  only  be  sheltered,  but  caused  to  s^ihoiuI  pe- 
flourish  in  our  civil  and  religious  concernment  in  these  {;i,aries  ii, 
remote   parts  of  the  world.     So   shall   your   servants  ^°''  '^^  ^har- 

*  •'  ter,  1660. 

take  themselves  greatly  obliged— while  they  are  quietly 
permitted  with  freedom  of  conscience  to  worship  the 
Lord  their  God,  as  they  are  persuaded — to  pray  for  the 
life  of  the  king,  even  that  he  may  live  forever  and  ever, 
and  to  make  it  their  study  which  way  they  may  best 
approve  themselves,  your  royal  majesty's  most  humble,  *i  Bart- 
faithful  and  obedient  subjects.  J^"^^  g°j 

John  Clarke."*     485.' 


^^  Second  Address  from  Rhode  Island  to  king-  Charles  the 
Second,  for  a  Charter. 

"  To  Charles  the  Second;  by  the  wonderful,  provident, 
and  gracious  disposing  of  the  Most  High,  of  England, 
Scotland  and  Ireland,  with  the  large  dominions  and 
territories  thereto  belonging : 

'•'■High  and  mighty  king:  The  humble  petition  and 
representation  of  John  Clarke  on  the  behalf  and  in  the 
name  of  the  purchasers  and  free  inhabitants  of  Rhode 
Island,  and  of  the  rest  of  the  colony  of  Providence 
plantations,  in  the  Narragansetts  Bay,  in  New  England : 
most  humbly  shoiveth,  that  forasmuch  as  the  state  of  the  Reference 
case  with  your  poor  petitioners  is  really  such  as  hath  *°  ^¥  ^^^^ 
been  presented  unto  your  majesty  in  their  former  hum- 
ble address,  being  hereunto  annexed :  As  also  to  the 
case  and  manner  of  their  first  going  forth  from  old 
England  to  new,  and  of  their  remove  from  the  place 
where  first  they  landed  unto  the  place  where  now  they 
arc  pitched. 

"As  to  the  wonderful  passages  of  the  providence  of  Derivation 
the  Most  High  (from  whence  the  plantations  have  taken  ^ame^nd 
their  name)  in  guiding  them  thither  and  in  making  planting  of 
room  for  them  there,  whereby  they  have  purchased,  °^  °^' 
possessed,  and  planted  these  parts  of  the  world  in  all 
desirable  freedom  and  liberty,  in  all  respects,  both 
among  themselves  and  from  all  others,  whether  Enff- 


350  THE   GOVERNMENTAL   HISTORY   OP 

Part  II.  new  England. 

Second  pe-  Hsli  OF  Indians  ;  as  to  their  humble  address  unto  your 
Charles* II  ^^J^^  father  for  his  further  and  more  particular  coun- 
for  a  char-  tenance  and  encouragement  of  them  in  these  their  so 
happy  and  so  successful  beginnings.  As  to  their  ob- 
taining a  charter  of  civil  incorporation  the  grounding 
of  their  government  thereupon,  and  causing  all  the 
visible  acts  of  power  to  issue  forth  in  his  majesty's 
name : 

^^And  lastly,  as  to  their  manner  of  the  entertaining 

.  the  first  intelligence  they  had  of  your  majesty's  return 

to  your  royal  throne,  in  causing  a  general  court  to  be 

forthwith  called,  and  therein  as  a  testimony  of  their 

Touching   ready  and  joyful  reception  of  you,  and  of  their  faithful 

recr'tion^  allegiance  and  loyalty  to  you,  in  that  they  did  order  of 

of  his  res-  their  own  accord    and  with  joint   consent,  that  your 

majesty  should  be  forthwith  proclaimed  with  as  much 

solemnity  as  they  could  in  all  the  towns  of  their  colony ; 

and   that   all  judicial   proceedings   and   acts  of  power 

should  issue  forth  in  your  royal  name. 

Affirma-         "  Wherefore  your  petitioners  humbly  pray  your  maj- 

tion  of  un-gg^y'g  favorable  aspect  towards  them,  who  have  still  in 

bending  *'  ^  .  „     ,     .  .  ,     . 

allegiance,  their  remove  and  in  the  rest  of  their  actings,  made  it 
manifest  that  they,  as  the  true  natives  of  England,  have 
firmly  adhered  in  their   allegiance  and  loyalty  to  the 
sovereignty  thereof,  although   by  strangers  by  many 
fair   proffers   again    and  again  allured  therefrom,  and 
have  it  much  on  their  hearts  (if  they  may  be  permitted) 
to  hold  forth   a  lively  experiment,  that  a  flourishing 
civil  state  may  stand,  yea,  and  best  be  maintained,  and 
that   among  English    spirits,   with   a   full   liberty   in 
religious   concernments,  and    that   true  piety  rightly 
Religious    grounded  upon  gospel  principles,  will  give  the  best  and 
secSy*of  greatest  security  to  true   sovereignty,  and  will  lay  in 
all  govern-  the  hearts  of  men  the  strongest  obligations  to  true  loy- 
^^^  '        alty  ;  to  which  end  we  are  humbly  bold,  royal  sire,  to 
present  to  your  majesty  this  our  first  and  second  ad- 
dress, and  therewith  humbly  prostrate  ourselves,  your 
royal  highness'  subjects,  with  our   purchase   and  our 


THE   UNITED    STATES   OF   AMERICA.  351 

THE    COLONY    OF    RHODE    ISLAND.  PaRT    II. 

governmeut,  at  your  majesty's  feet ;  hopefully  craving 
we  may  find  such  grace  in  your  sight,  as  to  receive  from 
your  majesty  a  more  absolute,  ample,  and  free  charter 
of  civil  incorporation,  whereby  under  the  wing  of  your  (^^p^^^gj. 
royal  protection,  we  may  not  only  be  sheltered,  but  of  the 
(having  the  blessing  of  the  Most  High  superadded  as  prayed  for. 
from  former  experience  we  have  good  grounds  to  ex- 
pect) may  be  caused  to  flourish  in  our  civil  and  reli- 
gious concernments  in  these  remote  parts  of  the  world  ; 
so  shall  your  servants  take  themselves  greatly  obliged — 
while  they  are  quietly  permitted  with  freedom  of  con- 
science to  worship  the  Lord  their  God  as  they  are  per- 
suaded— to  pray  for  the  life  of  the  king,  even  that  he 
may  live  forever  and  ever,  and  to  make  it  their  study 
whicli  way  they  may  best  approve  themselves. 

"  Your  Royal  Majesty's  most  humble,  faithful,  and  *  j  g^^^. 
obedient  subjects.  lett's  Coi. 

Rec    R  I 

John  Clarke."*     489"'   "  '* 


At  what  date  precisely  these  petitions  were  drawn.  The  peti- 
how  great  an  interval  elapsed  between  them,  or  what*'*'^^' 
were  the   particular   causes  of  delay  or   uncertainty 
which  attended  this  negotiation  for  a  charter  from  the 
crown,  we  have  no  means  of  ascertaining.     The  colo- 
nial records  are  silent  on  the  subject.     But  the  petitions 
themselves  are  important  as  showing  the  character  of ' 
the  people  who  planted  the  colony,  the  principles  which 
tliey  advocated,  and  the  nature  of  the  experiment  they 
had  undertaken  in  this  far  off  land,  in  the  midst  of  the 
fiercest  and  most  powerful  of  its  native  Indian  tribes. 
An  experiment  the  grandest  and  most  interesting  of 
any  that  had  as  yet  been  attempted  in  any  age  or  coun-Theexperi- 
try,  or  even  hitherto  in  New  England.     An  experiment  pf"*/'^ 
which  should  demonstrate  to  the  world  "that  a  flour- island, 
isliing  civil  state  may  stand,  yea  and  best  be  maintained, 
with  a  full  liberty  in  religious  concernments;  and  that 
true  piety  rightly  grounded  on  gospel  principles,  will 
give  the  best  and  greatest  security  to  true  sovereignty, 


352  THE   GOYERXMEXTAL    HISTORY   OF 

Part  II.  new  kngland. 

Reception  and  will  lay  in  the  hearts  of  men  the  strongest  obliga- 

ter\rom     tions  to  trucr  loyalty"  to  the  governing  power. 

Ki"g  The  earliest  intimation  we  have  of  the  result  of  this 

Charles  II.,  ..  .  .,.,  ipi--  f 

Nov.,  1663.  negotiation,  is  contained  m  the  record  ot  the  sitting  oi 
the  general  court,  at  Newport,  November  twenty-fourth, 
1663,  at  which  time,  we  are  informed, 

^^  It  urns  ordered  and  voted,  nem  contra  dicente, 
"  YoTED  1.  That  Mr.  John  Clarke,  the  colony  agent's 
letter  to  the  president,  assistants  and  freemen  of  the 
colony,  be  opened  and  read,  which  accordingly  was  done 
with  good  delivery  and  attention. 

"  Voted  2.  That  the  box  in  which  the  king's  gracious 
letters  were  enclosed  be  opened,  and  the  letters  with 
the  broad  seal  thereto  affixed  be  taken  forth  and  read 
The  char-  by  captain  George  Baxter  in  the  audience  and  view  of 
played  and ^^^  the  people,  whicli  vvas  accordingly  done;  and  the 
read  before  said  letters  witli  his  majesty's   royal  stamp  and   the 
'  broad  seal,  with  much  becoming  gravity,  held  up  on 
high  and  presented  to  the  perfect  view  of  the  people, 
and  then  returned  into  the  box  and  locked  up  by  the 
governor,  in  order  to  the  safe  keeping  of  it. 
Thanks  to       "  YoTED  3.  That  the  most  humble  thanks  of  this  colo- 
the  king.    ^^^  unto  our  gracious  sovereign  lord,  king  Charles  the 
second,  of  England,  for  the  high  and  inestimable,  yea 
incomparable  grace  and  favor  unto  the  colony  in  giving 
those   his   gracious   letters  pattent  unto   us;   may   be 
returned  by  the  governor  and  deputy  governor  on  the 
behalf  of  the  whole  colony." 
The  free        This  charter  incorporated  the  colony  as  The  Goverrir 
Charles  u  ^^  ^^^^  Company  of  the  English  Colonies  of  Providence 
1663.       'and   Rhode    Island    Plantations   in   New    England   in 
America.     It  was  in  substance  and  reality  a  re-afifirm- 
ance  of  the  grant  from  the  Earl  of  Warwick,  with  a 
more  accurate  designation  of  its  precincts.     It  placed 
the  colony  on    an  equal  footing  with  the  other  colo- 
nies, allayed  all  animosities,  and  led  to  the  cstablish- 
Tho  gov.     nicnt  of  a  fraternal  intercourse  between  them.     Under 

ernment      .       ,  , .  x     i  •  •  j       i. 

under  it.     it  the  exccutivc  powcr  was  vested  m  a  president  or  gov- 


THE   UNITED    STATES   OP   AMERICA.  353 

THE    COLONY    OF    RHODE    ISLAND.  PaRT    II. 

eriicr,  deputy  governor,  and  ten  assistants  elected  by  Under  the 
the  freemen  of  the  plantation.     The  legislative  author- 1^,.  ^f 
ity  consisted  of  the  chief  magistrates,  the  ten  assist- ^^'^'"^'^^  Pl- 
ants, and  delegates   chosen   from   the  several   towns. 
Newport  was  entitled   to  send  six  delegates,  and  the 
towns  of  Providence,  Portsmouth,  and  Warwick,  four 
each ;  and  all  other  towns  two  each.     The  governor  or 
deputy  governor,  with  six  assistants,  constituted  a  quo- 
rum for  the  transaction  of  executive  business.      The 
general  assembly  was  vested  with  full  power,  to  enact 
laws,  admit  freemen,  choose  public  officers,  establish 
courts  of  justice,  punish  offences,  and  generally  to  do 
whatever  was  necessary  for  the  common  defence  and 
general  welfare  of  the  inhabitants  of  the  colony. 

The  most  remarkable  feature  in  this  charter,  and  that  Religious 
which  distinguished  it  from  those  of  the  other  colonies,  ^^.^^.^Jj.^^  j, 
was,  unqualified  reliicious  toleration.     It  provided  "  that  charter 

.,.,,  -T  o  ,n  f'om  the 

no  person  within  the  colony  at  anytime  hereaiter  shall  down, 
be  in  any  way  molested,  punished,  or  destroyed,  dis- 
quieted, or  called  in  question,  for  any  difference  of  opin-»  2  Bart- 
ion  in  matters  of  religion,  and  do  not  disturb  the  peace '^'"'^^^'o'- 
of  the  colony."*  37. 

This  was  the  first  royal  charter  which  recognized  and 
protected  the  right  of  religious  liberty ;  and  it  may  at 
first  seem  strange  that  it  should  have  emanated  from 
such  a  monarch  as  Charles  II.,  and  at  such  a  time  in 
the  history  of  the  mother  country.     The  principle  for 
which  so  many  trials  had  been  endured,  for  which  so 
many  sacrifices  had  been  made,  so  many  lives  periled, 
and  so  much  blood  poured  out,  was  at  length  fully  guar- 
anteed under  the  royal  seal.     "We  will  not  boast  of  it 
as  a  New  England,  but  are  content  and  rejoice  to  say  it 
was  an  American  achievement.     It  was  the  proudest  tri-The  prot- 
umph  yet  recorded  for  the  advocates  of  human  liberty,  ^^^p^"*  ^J^l[ 
It  illustrates  the  progress  of  human  improvement,  and  vcioped  bj 
magnifies  while  it  demonstrates  the  power  and  the  lib-ter. 
eralizing  and  conservative  influences,  of  the  essential 
23 


354  THE   GOVERNMENTAL    HISTORY  OP 


Part  II.  new  England. 


Under  the  elements   of  froedom   inherent   in  a  true   Protestant 

free  char-    ^,     ...       ., 

ter  of         Christianity. 

Charles  II.  Hencc  there  may  well  linger  in  the  minds  of  the 
curious  and  the  inquisitive  a  degree  of  surprise  tliat  a 
charter  so  liberal  should  have  received  the  sanction  of 
Charles  11.  Among  the  variety  of  speculations  on  the 
subject  put  forth  by  different  historians,  I  have  found 
none  which  satisfy  the  enquiry.  The  charter  of  the 
colony  of  Connecticut,  procured  by  the  younger  Win- 
throp  from  the  same  monarch,  though  not  so  liberal  in 
its  provisions  as  this  to  Rhode  Island,  gave  rise  to  simi- 
lar speculations.  But  they  are  made  in  forgetfulness, 
or  disregard,  of  the  progress  of  free  principles  as  devel- 
oped both  in  England  and  America  during  the  suspen- 

Origin  of    sioii  of  the  regal  authority.      The  idea  of  supremacy 

provisions.  ^^^  ^^^^  sovereign,  if  not  wholly  annihilated  by  the  exe- 
cution of  Charles  I.,  became  at  any  rate  afterwards  so 
essentially  modified  throughout  Great  Britain  that  it 
could  not  again  command  the  same  unquestioned  alle- 
giance it  had  formerly  done.  Besides,  whatever  feel- 
ing of  dissatisfaction  might  endanger  the  stability  of 
the  throne,  in  the  person  of  the  restored  prince,  was 
well  disposed  of  by  turning  it  to  the  outlet  opened  in 
America.  Not  only  so,  but  the  experiment  had  already 
been  tried  in  New  England,  and  the  success  of  it  proved 
in  Rhode  Island,  that  freedom  of  opinion*  and  freedom 
of  conscience,  and  freedom  of  worship,  could  well  con- 
sist with  loyalty  to  the  civil  power  in  the  state.  It  is 
evident  that  these  liberal  sentiments  had  so  infused 
themselves  into  the  minds  of  all  classes  of  men,  both  in 
the  church  and  the  state,  that  the  sovereign  could  not 
with  safety  to  his  crown  refuse  to  recognize  their  dis- 

„    ,. ,       tinctive  existence  and  practical  operation. 

impres-  Again,  it  is  evident  -tiiat  until  after  the  restoration  ol 

sions  of      Charles  II.  the  full  extent,  value,  and  importance  of 

America  ' 

before  the  hcr  posscssious  ill  America  was  not  at  all  known,  or 

tioT'''      even  suspected,  in  England.     The  rapid  and  vigorous 

growth  of  the  colonies  of  New  England  and  Virginia, 


THE  UNITED   STATES  OP  AMERICA..  366 

THE    COLONY    OF    RHODE    ISLAND.  I'aKT    II. 

their  intercolonial  trade,  the  vast  resources  of  the  coun-  Under  the 
try,  did  not  begin  to  be  effectively  enquired  after  until  J.^^^^^  ^' 
the  increasing  commerce  opened  between  the  two  coun-  Charles  II. 
tries  disclosed  the  boundless  benefits  and  inexhaustible 
wealth  which  might  accrue  to  the  parent  state  from  its  See  Part  i. 
fuller  settlement  and  occupancy. 

Such   undoubtedly   were   the   considerations   which 
moved  the  crown,  and  prompted  the  policy  under  which 
these  charters  were  obtained.     Charles  II.  had  not  been 
an  idle  or  indifferent  observer  of  the  scenes  which  were 
enacting  in  England  during  the  intervening  years  of 
his  exile  from  the  throne.     The  mistaken  fiat  of  the 
father  interdicting  emigration,  and   thereby  confining 
within  the  limits  of  his  own  kingdom  the  seeds  of  that 
revolution  which  swept  him  from  the  sovereignty,  was 
a  voice  of  warning  to  the  son  which  he  dared  not  defy 
or  disregard.     Under  these  fortuitous  circumstances  it  The  mode 
was  that  the  ruling  men  in  the  colonies  ventured  to^^J^^^l^g 
draft  their  own  charters,  which  needed  only  the  auto- were  made, 
graph  of  the  prince  "with  the  broad  seal  annexed"  to 
give  them  absolute  efficiency,  and  which  was  obtained 
without  any  particular  inspection  of  their  provisions  by 
the  crown.    The  most  that  the  sovereign  cared  or  con-  How  re- 
cerned  himself  to  know  was,  that  it  was  essential  to  g'^''^*^^^y 

'  the  crown. 

people  his  extensive  domain  in  the  new  world  in  order 
to  render  it  a  source  of  revenue  to  his  exchequer,  that 
allegiance  to  his  sovereignty  was  secured,  and  that 
the  settlers  were  "  to  imitate  and  follow  as  near  as  may 
be  the  often  refined  and  wholesome  laws  of  England." 
Rhode  Island  was  more  indebted  to  Roger  Williams 
for  the  free  provisions  of  her  charter  than  she  was  to 
Charles  II. 

But  to  the  colonics   themselves  the  most  material  The  true 
value  of  their  charters,  or  patents,  consisted  in  the  fact  colonial 
that    they    were    a   conveyance  of   the   soil,  a   guar- charters, 
antee  of  their  rights  as  Englishmen,  of  their  title  to 
the  lands  they  occupied,  and  also  defined  their  juris- 
dictional precincts.     They  have  hardly  ever  been  of 


356  THE   GOVERNMENTAL    HISTORY   OF 

_ — _ ) 

Part  II.  new  England. 

Under  the  any  particular  service  to  them  in  any  other  regard, 
terof  ^^"  -^^^  their  peculiar  forms  of  government  or  administra- 
Charies  II.  tion,  all  their  judicial  establishments,  all  their  institu- 
tions of  commerce,  of  religion,  of  learning,  of  philan- 
thropy, and  of  charity,  were  of  their  own  creation. 
The  existence  of  these,  and  their  practical  operation 
and  benefits,  were  as  well  and  firmly  established  as  if 
no  charter  had  ever  been  issued.  Their  chief  aim, 
indeed,  was  the  security  and  protection  of  such  their 
rights,  but  their  anxieties  were  more  severely  exercised 
in  securing  an  unquestioned  title  and  jurisdiction  in 
their  territorial  possessions.  This  is  manifest  in  their 
eagerness  to  procure  a  patent,  or  a  grant,  or  a  recog- 
nition of  their  distinctive  existence,  from  the  supreme 
power  in  England  under  whatever  administration, 
whether  of  the  high  court  of  parliament,  the  lord 
See  ante,  protector,  or  his  majesty  the  king.  Hence  their  seem- 
ing readiness  to  recognize  such  supremacy,  as  from 
time  to  time  one  or  the  other  of  these  parties  had  the 
ascendency  in  the  councils  of  the  mother  country. 
Hence  also,  the  overthrow  or  repeal  of  their  charters 
did  not  necessarily  annihilate  their  governments  and 
•  institutions  of  freedom,  though  it  might  in  effect  rob 
them  of  their  title  and  jurisdiction  of  the  soil  so  far 
as  the  crown  was  concerned.  But  what  would  even 
this  signify  when  they  were  so  far  separated,  so  firmly 
planted,  and  so  well  established,  that  the  parent  power 
was  too  distant  and  too  feeble  to  wrest  from  them  that 
which  they  had  grown  to  consider  entirely  their  own  ? 

Rhode  Island  continued  under  this  charter  down  to 

the  time  of  the  American  Revolution  ;  and  the  frame 

of  government  and  policy  of  administration  originally 

established  under  it,  are  still  regarded  as  the  basis  of 

her  present  constitution  and  laws. 

The  charge      But  it  has  been  charged  against  Rhode  Island,  that 

Sormade  ^^^^  violated  the  principles  of  her  free  charter  in  the 

against  the  persecution  of  Quakers  and  Roman  Catholics.     I  find 

CO  ony.      ^^  -^yarrant  for  the  charge  in  her  records.     Her  oppo- 


THE   UNITED   STATES   OF  AMERICA.  357 

THE  COLONY  OF  RHODE  ISLAND.  PaRT  II. 


sition  to  them  was  chiefly  directed  to  those  doctrines 
which,  in  her  own  phrase,  "tended  to  the  very  absolute 
cutting  down  and  overturning  relations  and  civil  gov- 
ernment among  men,  if  generally  received."     In  1658, 
the  governor  and  council,  being  requested  by  the  com- 
missioners of  the  United  Colonies  of  New  England, 
"to  remove  those  quakers  that  have  been  received,  and 
for  the  future  prohibit  their  coming  among  them," 
replied — "  as  concerning  these  quakers  (so  called)  we  voice  of 
have  no  law  among  us  whereby  to  punish  any  for  only  ^^^'l  9,°^  ^ 
declaring  by  words,  <fec.,  their  minds  and  understand- cii  as  to  the 
ings  concerning  the  things  and  ways  of  God  as  to  sal- 1^5^^^^' 
vation  and  an  eternal  condition :  And  we,  moreover, 
find  that  in  those  places  where  these  people  aforesaid 
in  this  colony  are  most  of  all  suffered  to  declare  them- 
selves freely,  and  are  only  opposed  by  arguments  in 
discourse,  that  there  they  least  desire  to  come.     And 
we  are  informed  that  they  begin  to  loath  this  place, 
for  that  they  are  not  opposed  by  the  civil  authority, 
but  with  all  patience  and  meekness  are  suffered  to 
say  over  their  pretended  revelations  and  admonitions ; 
jior  are  they  likely  or  able  to  gain  many  here  to  their 
way:  Surely  we  find  that  they  delight  to  be  persecuted 
by  civil  powers ;  and  when  they  are  so,  they  are  like 
to  gain  more  adherents  by  the  conceit  of  their  patient  ^-n   ^^  „. 
sufferings,  than  by  consent   to   their  pernicious  say- Colonial 
ings."*  ^"'°''^- 

So  also  the  general  assembly  of  the  colony,  to  whom  Voice  of 
the  request  of  the  general  commissioners  was  submit- ^^^j^^f' 
ted  by  the  governor  and  council,  declared  in  reply,  that  sembiy. 
^^Wliereas,  freedom  of  different  consciences  to  be  pro- 
tected from  iuforcements  was  the  principal  ground  of 
our  charter,  both  with  respect  to  our  humble  suit  for 
it,  as  also  the  true  intent  of  the  honorable  and  re- 
nowned parliament   of  England   in   granting   of  the 
same   unto  us ;   which  freedom  we  still  prize  as  the 
greatest  happiness  that  men  can  possess  in  this  world: 
Therefore,  we  shall,  for  the  preservation  of  our  civil 


358  THE   GOVERNMENTAL   HISTORY   OP 

Fart  II.  new  England. 

.« . 

The  charge  peace  and  order,  the  more  seriously  take  notice  that 
tu>rmade  ^^^°^®  peoplc  and  any  other  that  are  here,  or  shall  come 
against  the  among  US,  be  impartially  required,  and  to  our  utmost 
^°  °^^"      constrained,  to  perform  all  duties  requisite  towards  the 
maintaining  the  right  of  his  highness  and  the  govern- 
ment of  that  most  renowned  parhament  of  England, 
in  this  colony ;  which  is  most  happily  included  under 
the  same  dominion,  and  graciously  taken  into  protec- 
tion thereof.      And  in  case   they,  the   said  quakers, 
which  are  here,  or  who  shall  arise  or  come  among  us, 
Voice  of    do  refuse  to  subject  themselves  to  all  duties  aforesaid, 
rdai^'°'    ^^  training,  watching,  and  such  other  engagements  as 
sembiy  as  other  members  of  civil  societies,  for  the  preservation 
Quakers.    ^^  ^^^^  same  in  justice  and  peace ;  then  we  determine, 
yea,  and  we  resolve.,  to  take  and  make  use  of  the  first 
opportunity  to  inform  our  agent  resident  in  England, 
that  he  may  humbly  present  the  matter,  (as  touching 
the   considerations    premised,   concerning    the    afore- 
named people  called  quakers,)  unto  the  supreme  au- 
thority of  England,  humbly  craving  their  advice  and 
order,  how  to  carry  ourselves  in  any  further  respect 
towards  these  people,  so  that  therewithal  there  may  be 
no  damage  or  infringement  of  that  chief  principle  in 
our  charter  concerning  freedom  of  consciences — And 
we  also  are  so  much  the  more  encouraged  to  make  our 
addresses  unto  the  lord  protector,  his  highness  and 
government  aforesaid ;  for  that  we  understand  there 
*  Bartlett's  are  or  have  been  many  of  the  aforesaid  people  suffered 
Records,    to  live  in  England,  yea  even  in  the  heart  of  the  nation."* 
It  is  evident  that  these  men  understood  too  well  the 
principles  of  freedom  which  they  had  made  the  basis 
of  their  charter  and  their  government,  to  infringe  its 
requirements.     There  could  not   be  a    more   pohited 
or  comprehensive  concession  to  the  Quakers,  of  the 
right  of  freedom  and  protection  in  religious  matters, 
than  is  here  set  forth ;   or  a  more   precise  and  just 
discrimination  between  the  exercise  of  that  right  and 
the  requisitions  of  the  civil  authority. 


THE   UNITED    STATES   OP   AMERICA.  359 

THE  COLONY  OF  RHODK  ISLAND.  FaUT  II. 

Ho\7  far  their  future  action  on   this  subject  might  Charge  of 
have  been  controlled  or  guided  by  "the  supreme  author- £'y^,^''n,^^jc 
ity  in  England"  to  which  it  was  resolved  to  submit  the '^Sj^''^^*  t^^® 
question  in  case  of  need,  it  is  impossible  to  conjecture. 
The  accession  of  Cliarlcs   II.  to  the   throne  followed 
close  upon  these  proceedings,  and  the  new  charter  with 
the  government  established  under  it,  were  a  surer  guar- 
antee of  freedom  of  conscience  to  all  her  inhabitants. 
In  a  report  made  by  the  king's  commissioners  concern- Voice  of 
ing  the  New  England  colonies,  soon  after  the  issuing  of  commia- 
this  charter,  it  was   stated  with   reference   to   Rhode  f^<^"<^'f'^ 

'  ...  Ucc.  1665. 

Island — "this  colony,  (lohich  noiv  admits  all  religions , 
even  quakers  and  generalists,')  was  begun  by  such  as  the 
Massachusetts  Bay  would  not  suffer  to  live  among  them, 
and  is  generally  hated  by  the  other  colonies,  who 
endeavored  several  ways  to  suppress  them."* 

So  much  in  reference  to  the  Quakers.  As  to  the  Treatment 
Roman  Catholics,  it  is  very  doubtful  whether  any  law  cathoUcs! 
was  ever  enacted  restraining  the  exercise  of  their  reli- 
gion in  the  colony.  All  that  the  records  disclose  on 
this  subject  is  an  enactment  which  provided — "  that  all 
men  professing  Christianity,  and  of  competent  estates, 
and  of  civil  conversation,  who  acknowledge  and  are 
obedient  to  the  civil  magistrate  though  of  different 
judgments  in  religious  affairs,  (Roman  Catholics  only 
excepted)  shall  be  admitted  freemen,  and  shall  have 
liberty  to  choose  and  be  chosen  officers  in  the  colony, 
both  military  and  civil."* 

Mr.  Bartlett  thinks  the  words  in  the  parenthesis 
excepting'  Roman  Catholics,  were  interpolated,  and 
argues  very  justly  in  favor  of  this  view,  that  "  any  such 
act  as  that  in  question  was  totally  at  variance  with  the 
uniform  policy  of  the  colony  from  the  beginning,  as 
well  as  with  the  antecedents  of  Roger  Williams  and  the 
first  settlers  of  the  colony,  and  their  opinions  regard- 
ing freedom  of  conscience  and  religious  liberty  when- 
ever expressed."  And  I  a^jrce  in  the  opinion;  it  can-*2Bart- 
1  11  11  •  1  ,        'ett'3  Col. 

not  be  reasonably  supposed  that  at  a  time  when  they  Rec.  R.  L 


360  THE   GOVERNMENTAL   HISTORY    OP 

Part  II.  nkw  enrland. 

Charge  of  wcre  exhibiting  so  much  gratitude  that  the  principle  of 
tiou  made  rcligious  liberty  had  been  incorporated  into  their  char- 
against  the  ter  by  the  crown;  and  just  when  they  Avere  placing  the 
topmost  stone  upon  the  grand  and  original  fabric  of  a 
civil  government  established  upon  the  principles  of  uni- 
versal religious  toleration,  and  which  they  had  labored 
so  hard  to  maintain,  they  should  pass  any  law,  or  sanc- 
tion any  conduct  in  the  magistracy,  directly  at  variance 
with  it  all. 

But  suppose  they  did?     Is  nothing  to  be  extenuated 
by  the  age  in  which  they  lived,  the  circumstances  by 
which  they  were  surrounded,  or  the  newness  of,  and  the 
opposition    to,  the  experiment   they  had  undertaken? 
Is  nothing  to  be  excused  for  errors  which  may  have 
been  committed  under  the  vexations  which  oppressed 
them  while  they  were  "generally  hated  by  the  other 
colonies,   who   endeavored   several   ways   to    suppress 
them?"     Or  is  it  at  all  strange  that  they  feared  the 
power  of  Romanism?     They  learned  this  of  the  mother 
See  the  old  Country.     It  was  a  part  of  the  colonial  common  law 
&c*'^Part    incorporated  into  all   their  ancient  charters  from  the 
I-  crown.      The  Avhole  development  of  the   reformation 

taught  them  and  mankind  this  great  truth ;  that  as  the 
political  elements  of  Protestantism  tended  to  the  utter 
severance  of  the  church  and  the  state  so  also  the 
political  elements  of  Romanism  tended  to  the  union  of 
both  and  the  subjection  of  the  latter  to  the  supremacy 
of  the  former.  The  essential  elements  in  either  were 
antagonistic  to  the  other,  and  their  moral  affinities 
The  com-  wcrc  sucli  that  they  could  not  both  subsist  together 
fhdrco''n.  without  strife.  It  was  a  difficult  task  at  this  early 
dition.  period  to  draw  the  line  between  their  several  and 
respective  political  and  religious  aims  and  say  where, 
or  how,  the  two  could  act  in  harmonious  safety:  Or 
so  to  uphold  the  power  of  the  civil  administration  "  as 
not  to  infringe  the  great  principles  of  religious  liberty 
secured  by  their  charter." 

But  T  care  not  to  search  for,  or  to  enquire  after,  any 


THE  UNITED    STATES   OP    AMERICA.  361 

THE    COLONY    OF    RHODE    ISLAND.  PaRT    II. 

occasional  violations  of  it  upon  which  to  pronounce 
sentence  of  condemnation  against  Rhode  Island:  Nor 
can  I  sympathize  with  those  who  revel  with  a  malicious 
joy  over  any  such  transient  exhibitions  of  the  weakness 
or  waywardness  of  her  infant  life.  It  is  enough  to 
know, — and  to  the  lasting  glory  and  honor  of  their 
memories  and  their  names  let  it  be  recorded — that  the 
founders  of  this  colony  sunk  their  shaft  deep  in  the 
quarry  of  the  reformation,  and  from  tlie  confused  and 
heterogeneous  mass  of  its  composite  elements  brought 
forth  that  golden  ore  of  free  toleration  which  graced 
the  most  polished  corner  in  the  great  temple  of  freedom 
reared  in  New  England.  Call  their  errors  the  acts  of 
sectaries  or  enthusiasts,  of  heretics  or  bigots,  if  you 
will ;  they  were  nevertheless,  but  traces  of  the  ingrained 
shackles  of  the  human  mind  emerging  from  the  thral- 
dom in  which  the  ignorance  and  superstitions  of  past 
ages  had  so  long  bound  it,  and  endeavoring  to  assert  its 
individual  sovereignty  and  independence  in  the  domain 
of  thought  and  conscience ;  thus  clearing  the  way  for  a 
far  brighter  day  of  liberty,  religion,  and  justice. 

Such  was  the  origin,  and  such  as  I  have  successively  Further 
traced  them,  were  the  general  governmental  features  P^i^'"^?*^'"*, 
of  the  principal  colonies  embraced  in  the  early  history  opmcntsia 
of  New  England.     Causes  mostly  of  a  similar  character  gio^„*^ofj^e'p 

led  to  a  still  further  dispersion  and  extension  of  theu-  settle- 
ments. 
settlements  over  the  face  of  the  country.     New  sects 

and  new  leaders  springing  up  from  time  to  time  among 
them,  and  finding  their  opinions  but  little  respected, 
went  out  and  planted  new  townships.  In  the  early  his- 
tory of  the  colony  of  Connecticut,  as  also  of  Massachu- 
setts Bay,  several  towns  were  planted  by  adventurers 
who  attempted  to  establish  their  civil  government  on  as 
independent  a  basis  as  the  religious  organizations  of 
their  settlement,  claiming  that  each  towai  should  be  as 
distinct  and  independent  of  every  other  and  of  the 
colony,  as  each  church  or  congregation  was  of  any  sis- 
ter association.     These  tenets,  however,  had  but  a  tcm- 


362  THE   GOVERNMENTAL   HISTORY   OP 

Part  II.  new  England. 

Triumph    porary  existence,  though  in  course  they  contributed 
anUsmIn   their  share  to  the  peculiar  characteristics  of  the  general 
the  revolu-  colonial    administration.      Thousands    also    from   the 
1688-90.    mother   country  continued   daily  to  throng  the  New 
England  coast,  and  to  pour  into  her  unoccupied  terri- 
tories ;  so  that  at  the  time  of  the  revolution  in  England 
she  contained  more  than  one  hundred  and  fifty  towns, 
about  sixty  churches,  and  upwards  of  fifty  thousand 
♦Winter-  inhabitants.*     That  revolution,  which  terminated  in  the 
elevation  of  William  and  Mary  to  the  throne,  formed  an 
important  era  in  the  governmental  annals  of  the  colonies 
in  America  as  well  as  those  of  the  mother  country. 
It  was  the  grand  triumph  of  the  political  elements  of 
Protestantism  which  made  the  law  the  dispenser  of  the 
Change  in  crowu,  and  the  will  of  the  people  the  source  of  its  sov- 
constitu-     ereignty  and  stability.     The  liberal  theory  of  the  prot- 

tion,  and    ggtant  successiou,  which  it  grafted  into  the  British  consti- 
colonial  ,  '  °  Ti         1         T  1 

policy.  tution,  became  the  guarantee  oi  a  more  liberal  and  less 
changeful  colonial  policy.  Under  it  the  capacities  and 
resources  of  this  new  world  were  more  rapidly  devel- 
oped, while  the  crown  and  the  nation  year  by  year 
thought  more  proudly  of  its  possessions  in  America. 
Relations  From  this  period  to  the  time  of  our  own  revolution 
nL*s*from''' ^^^^  progress  of  New  England  was  one  of  rapid  and 
this  period,  unrivaled  prosperity.  Though  scattered  widely  over 
her  extended  territory,  and  under  different  jurisdictions, 
the  inhabitants  of  the  different  colonies  yet  cultivated 
a  fraternity  of  feeling  and  interchange  of  trade  with 
each  other.  Whatever  might  be  their  religious  differ- 
ences they  yet  intermingled,  and  on  occasion  banded 
together  for  their  mutual  protection  and  safety.  In 
these  necessary  associations,  and  occasional  confedera- 
See  Part  cies,  with  each  other  and  with  other  colonies,  they  learned 
how  one  general  and  harmonious  union  might  consist 
with  a  variety  of  local  interest,  or  opinion,  or  religious 
faith,  or  even  sectional  rivalry.  They  also  learned, 
and  grew  in  the  conviction,  that  freedom  of  opinion, 
freedom  of  conscience,  and  freedom  of  worship,  were 


THE   UNITED   STATES   OF   AMERICA.  363 

NEW    ENGLAND.  PaRT    II. 

essential  elements  of  liberty,  and  not  incompatible  with 
freedom  or  sovereignty  in  the  state.  That  tlie  machin- 
ery of  government,  however  extended  or  complicated, 
could  be  successfully  and  effectively  operated,  no  matter 
how  widely  its  subjects  might  differ  in  judgment  or 
opinion  on  questions  of  church  or  state  policy.  By 
this  experience,  too,  running  through  an  entire  century, 
the  colonies  of  both  North  and  South  Virginia  learned 
those  lessons  of  concession  and  conciliation  which  pre- 
pared them  for  that  future  era  of  a  greater  and  more 
permanent  confederacy. 

Here  I  close  the  history  of  North  Virginia  or  New  Conclusioa 
England,  the  second  grand  division  of  the  continent  ° 
made  by  James  I.,  which  I  have  made  the  second  part 
of  this  work.  It  cannot  be  that  we  have  gone  over  it 
without  interest  or  instruction.  We  have  seen  a  wild, 
inhospitable,  cheerless,  and  lonely  shore,  converted  into 
a  cheerful,  inviting,  and  fruitful  garden  of  freedom. 
We  have  seen  the  wilderness  bud  and  blossom  as  the 
rose,  and  the  desert  and  the  solitary  place  made  glad  with 
the  voices  of  industry,  civilization,  and  religion.  We 
have  seen  the  pure  principles  of  civil  and  religious  lib- 
erty thrown  out  from  among  the  discordant  elements 
of  political  and  ecclesiastical  tyranny  and  usurpation, 
without  a  home  or  a  resting  place,  defended  only  by 
the  poor,  the  illiterate,  the  despised,  and  the  persecuted, 
acquiring  strength  and  energy  in  the  darkest  hour  of 
their  peril,  until  they  awaken  the  interest  and  the  re- 
gard of  the  opulent,  the  honorable,  the  powerful  and 
the  mighty  among  men.  We  have  seen  how  the  bonds 
of  social  fraternity,  and  political  union  are  originated, 
and  how  their  spirit  is  formed  in  its  infant  state.  We 
have  seen  small  communities  of  men  planting  them- 
selves and  their  feeble  families  on  the  edge  of  an  un- 
explored continent ;  we  have  seen  these  communities 
reared  and  transformed  into  larger  corporate  bodies ; 
and  have  also  remarked  how,  as  they  grew,  the  opera- 
tive  principles  of  republicanism  and  the  political  ele- 


364  THE   GOVERNMENTAL   HISTORY   OP 

Part  II.  new  England. 

General  meiits  of  protestantism,  have  respectively  developed 
remarks,  themselves.  While  at  the  same  time  we  have  discov- 
ered by  what  a  singular  and  peculiar  instrumentality, 
and  influenced  by  what  causes,  the  characteristic  quali- 
ties of  this  portion  of  our  country  have  been  originally 
acquired  and  successively  delineated.  The  survey 
should  awaken  the  ardor  and  quicken  the  energy  of 
our  devotion  to  institutions  so  wisely  framed,  and  with 
so  much  toil,  so  much  sacrifice,  so  much  care,  and  so 
much  blood  consecrated  by  our  forefathers.  It  should 
teach  us  to  appreciate  more  fully,  and  to  prize  more 
highly,  the  noble  heritage  they  have  transmitted  to  us. 
Above  all,  it  should  rekindle  our  vigilance,  and  excite 
in  us  a  lively  jealousy  of  all,  of  any  dogmas  or  systems, 
whether  political  or  religious,  which  tend,  either  in 
theory  or  in  thought,  to  undermine  the  foundations 
which  they  have  laid. 

END  OP  PART  n. 


PART    III. 

GOVERNMENTAL   HISTORY    OF   THE  ANGLO-AMERICAN  COLONIES  FROM 

THE  ACCESSION  OP  WILLIAM  AND  MARY,  TO  THE  DECLARATION 

OF  THEIR  INDEPENDENCE. 

In  the  foregoing  parts  of  this  work  I  have  traced  the 
governuiental  history  of  British  America  in  its  two  early 
and  grand  divisions,  until  we  have  seen  its  settlements 
assume  the  rank  and  consideration  of  regularly  organ- 
ized political  bodies,  each  under  its  separate  and  peculiar 
policy  of  government  and  forms  of  administration,  as 
established  at  the  time  of  the  accession  of  William  and 
Mary  to  the  throne.  I  propose  in  this  part  to  continue 
the  subject  in  their  smaller  colonial  divisions,  from  this 
time  to  the  time  of  our  revolution.  This  survey  will  in- 
clude a  view  of  the  causes  which  led  to  that  event,  and 
to  tlie  declaration  of  their  independence  ;  which  will 
bring  me  to  the  fourth  and  last  part  of  my  design,  in 
which  I  shall  treat  of  their  consequent  union  as  sover- 
eign states  under  the  confederation,  give  an  exposi- 
tion of  the  defects  of  those  articles,  and  pursue  the 
subject  until  its  termination  in  their  more  perfect,  per- 
manent, and  happy  union,  under  the  present  federal 
constitution. 

In  reviewing  the  history  of  the  early  settlements 
made  in  New  England,  I  have  already  pointed  out  the 
causes  which  led  to  the  origin  of  the  several  colonies  em-  Their  sub- 
braced  in  that  portion  of  the  continent.  Most  of  the  ^^^'°°' 
other  colonies  wliich  existed  at  the  time  of  our  revo- 
lution under  separate  organizations,  were  originally 
comprehended  within  the  indefinite  limits  of  the  patent 
granted  by  James  I.,  to  the  first  colony  of  Virginia  or 


36G  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.  thk  thirteen  colonies. 

the  London  company,  sometimes  also  called  the  south 
Virginia  company.  On  the  dissolution  of  that  corpo- 
ration their  lands  reverted  to  the  crown,  and  were  sub- 
sequently granted  under  new  charters  and  their  pre- 
cincts limited  within  more  definite  boundaries. 

NEW   YORK 

NbwTork.     "Was  originally  settled  by  emigrants  from  Holland, 
who  seem  to  have  taken  occasion  during  the  apathy  of'^ 
the  crown,  or  while  both  the  crown  and  parliament  were 
agitated  and  absorbed  by  domestic  dissensions,  to  take 
possession  of  the  country  ;  which,  with  the  present  ter- 
ritory of  New  Jersey  and  Long  Island,  was  originally 
called  the  New  Netherlands. 
Expedition     The  Dutch  founded  their  claim  to  it  on  the  discover- 
^  Henry   j^g  made  by  Henry  Hudson,  the  celebrated  navigator, 
who  discovered  the   river  which  now  bears  his  name 
and  the  countries  adjacent,  iinder  the  auspices  of  the 
Dutch  East  India  company.     This  voyage  of  Hudson 
was  based  upon  the  theory  originally  promulgated  by 
Columbus,  that  a  passage  to  the  East  Indies  could  be 
made   by  sailing  westward,  or    towards  what   is   now 
called  the  Pacific  Ocean.     It  was  under  the  impression 
that  he  had  discovered  an  inlet  to  a  passage  through 
the  continent  of  North  America  to  the  great  ocean 
Discovery  beyond,    that  he   anchored    off    Sandy   Hook,   passed 
of  Hud-     through  the  narrows,  and  sailed  up  that  majestic  river. 
'  He  continued  his  voyage  for  eleven  days,  penetrating 
as  far  ur>  as  the  place   where  the  city  of  Hudson  now 
staT-  us  ;  meeting  with  obstructions  in  this  vicinity  he 
terninated  his  explorations,  dropped  down  the  stream, 
laid  returned  to  Europe. 
The  Dutih      The  Dutch  East  India  Company  continued  to  occupy 
WesUn-    the  settlement  of  New  Amsterdam  on  the  island  of 
dia  com-    Manhattan,  now  New  York  City,  as  a  trading  station, 

panics.  '  111  J  • 

until  their  occupancy  was  superseded  by,  or  mergca  m, 

that  of  the  Dutch  "West  India  company,  which  was 

orgJvnizcd  in  the  year  1621.     This  company  had  the 


THE   UNITED   STATES   OF   AMERICA.  3G7 


THEIR    ORIGIN    AND    DESIGNATIONS.  PaRT    III. 

exclusive  privilege,  granted  to  them  by  the  States  Gen- New 
eral  of  Holland,  to  trade  and  plant  colonies  on  any    ""^' 
part  of  the  American  coast,  from  the    straits  of  Magcl- 

f  ,  ,    ^'  °       *  Wilson's 

Ian  to  the  extreme  north.  u.  s. 

The  directors  of  the   company,  as    patrons    or  pa- Operations 

troons,  took  possession  of  large  tracts  of  land  upon  the  Dutch 

Hudson  river,  and  also  planted  their  trading  stations  ^^^^*  ^"' 
'  ^  ^  dia  Com- 

upon  the  Connecticut  and  the  Delaware :  In  fact,  under  pany. 
the  very  liberal  grant  contained  in  their  charter  the 
territory  of  the  New  Netherlands  seemed  to  extend 
indefinitely  in  all  directions.!  In  the  almost  intermin- 
able strifes  which  arose  between  the  Dutch  and  the 
English  settlers  by  the  extension  of  its  claims  into  the 
limits  of  New  England,  of  Maryland,  and  even  of  Vir- 
ginia ;  the  company,  and  its  agents  and  governors,  came 
to  be  exceedingly  unpopular  in  America.  But  the 
more  enterprising  spirit  of  the  English  at  length  retal- 
iated upon  the  Dutch,  and  the  energy  of  the  Saxon 
drove  back  the  stubborn  aggressions  of  the  Hollander. 

The  planters    of   New   England    and  Virginia   had  Title  of 
always  disputed  the  title  of  the  Dutch,  and  their  right*  ^  ^"*°  * 
to  make  any  settlement   had  never  been  admitted  by 
Great   Britain.     She    insisted    on   a   priority   of    title 
founded  upon  the    discoveries  which  were   made  by 
Cabot,  under  Henry  VII.     It  will  be  remembered  that  g^e  ante 
under  his  patronage  Cabot  had  explored  the  coast  of  ^-^^^  ^• 
North  America,  from  Labrador  to  the  southern  bound- 
ary of  Virginia ;  and  we  have  already  noticed  the  cir- 
cumstances which  induced  a  suspension  of  the  claim 
at  that  early  period.     The  supremacy  of  the  pope,  how- 
ever, having  terminated  in  England,  priority  of  discov- 
ery came  to  be  considered  as  establishing  a  good  title 

f  This  company  failed  in  the  year  1634,  and  from  a  statement  of 
their  accounts,  drawn  up  in  the  following  year,  it  appears  that  Fort  Am- 
sterdam in  New  Netherlands  cost  the  company  4,172  guilders,  10  stuy- 
vers;  and  that  New  Netherland  (the  province)  cost  412,800  guilders  and 
11  stuyvers.     See  1  Hazard's  state  papers,  397. 


368  THE    GOVERNMENTAL    HISTORY   OP 

Part  III.  the  thirteen  colonies. 

New  to  the   country,  and  the  right  thereby  acquired  was 

Patent  of  I'GCOgnized  as  paramount  in  the  intercourse  of  nations : 
Charles  II.  Accordingly,  soon  after  his  restoration,  Charles  11. ,  with- 
Duke  of  o'^^t  regard  to  the  claims  of  the  Dutch,  granted  by  pat- 
'^^^^y        ent  to  his  brother  James,  then  the  Duke  of  York  and 

1664. 

Albany,  "  all  that  region  of  country  extending  from 
the  western  bank  of  the  Connecticut  river  to  the  east- 
ern shore  of  the  Delaware,  together  with  the  Island  of 
Long  Island."  The  Duke  was  at  the  same  time  there- 
by invested  with  all  the  powers  of  government,  both 
civil  and  military,  with  authority  to  correct,  punish, 
pardon,  govern  and  rule,  according  to  such  laws  as  he 
Precincts    gaw  fit  to  establish,  all  subjects  who  should  inhabit  in 

and  now-  .  -,     ■,        ,  •  .  •    i  i         • 

ers.  the  territory ;  and  also  to  exercise  martial  law  in  case 

of  rebellion,  insurrection,  seditious  meeting,  or  invasion, 
^^  provided  always  that  the  said  laws  were  not  contrary 
to,  but  as  near  as  might  be  agreeable  with,  the  laws  of 
England,"  reserving  in  the  crown  a  right  to  hear  and 

*  Story,      determine  all  appeals.* 

The  Dutch  were  in  possession,  under  Governor  Stuy- 
vesant,  when  this  charter  was  published ;  but  no  in- 
fringement of  their  rights  as  freemen  was  permitted, 
and  they  were  required  to  be  treated  rather  as  subjects 
than  as  enemies  or  aggressors.  They,  however,  were 
not  disposed  to  yield  quietly  to  the  domination  of  the 
English,  and  several  times  struggled  for  the  mastery  of 
the  soil.     They  were  finally  reduced  to  submission  in 

Reduction  i\^q  y^ar  1G74,  when  the  Duke  of  York,  in  order  to  put 

of  tlie  .  .  . 

Dutch  set-  at  rest  all  questions  which  might  arise  as  to  the  valid- 
tiers,  1671.  -^y  Q^-  ^|jg  original  grant,  applied  for  and  obtained  a 
Second      new  patent  from  the  crown,  under  which  the  whole 
theVuke    province,  as  well  as  the  capital,  received  the  name  of 
of  York.    j^Tg^y  York.      This  grant   conferred  the   same  powers 
whicli  were  enumerated  in  the  former  patent,  with  the 
further  provision  that  no  trade  should  be  carried  on 
with  the  colony  without  permission  of  the  Duke  ;  while 
the  colonists  were  permitted  to   import  merchandize 
upon  paying  duties  according  to  the  laws  of  England. 


THE    UxNlTKU    STATES    Of    AMEiilCA.  369 

THEIH    ORIGIN    AND    DKSIGNATION.'?.  TaRT    III. 

Sir  Edmond  Aiidros,  who  was   also  mado  governor- Xkw 
ffeiieral  of  New  England  after  the  Duke  succeeded  to  ^^^' 

°  .  .  Sir  Eil- 

tlie  throne,  was  now  appointed  to  the  office  of  governor  ,„oiui  Au- 
of  New  York.     It  was  upon  the  provisions  of  this  grant  ''™'^  ^ov- 

^       _  J  y  enior. 

that  Sir  Edmond  based  his  ckxim  to  the  jurisdiction 
upon  the  Connecticut  river,  when  he  advanced  upon 
Saybrook  in  1675.     Ilis  administration  under  his  com- 
mission was  arbitrary  and  oppressive,  and  was  untram- 
meled  by  the  intervention  of  any  representative  assem 
biy  of  the  people.     He  returned  to  England  in  1682,  t'oi.  Don- 
and  was  succeeded  in  the  office  of  governor  of  Ncw^nior 
York,    by    Colonel   Thomas    Dongan,    who   had  becn^*^^^- 
instructed  by  the  duke  to  call  a  representative  assem 
bly  of  the  people.     This  assembly,  with  the  consent  of 
the  new  governor,  enacted  a  Charter  of  Liberties  which 
declared — "  that  the  supreme  legislative  power  should 
forever  reside  in  the  governour,  council,  and  people,  in 
general  assembly  convened — that  every  freeholder  and  Declara- 
freeman  might  vote    for    representatives  without  re-l'!'!?^^,, 
straint — that   no    freeman  should  suff'er  but  by  judg-ii^'r  the 

cliurtGr  of 

ment  of  his  peers,  and  that  all  trials  should  be  by  a  liberties 
jury  of  twelve  men — that  no  tax  should  be  assessed,  ^*^'^^' 
on  any  pretence  whatever,  but  by  the  consent  of  the 
assembly — that  no  seaman  or  soldier  should  be  quar- 
tered on  the  inhabitants  against  their  will — that  no 
martial  law  should  exist — and  that  no  person  profess- I'rotestant 

„.,.^,-_  r-t-i     •  111  •         freedom 

ing  laith  in  (jrod,  l)y  Jesus  Christ,  should  at  any  tune  e.stab- 
be  in  any  way  disquieted  or  questioned  for  any  differ- ^'^^^''^* 
ence  of  opinion  in  matters  of  religion."  * 

This  Charter  of  Liberties  continued  to  be  the  basis 
of  the  government  after  the  duke  of  York  succeeded 
to  the  title  of  James  II.  The  course  of  legislation  and 
policy  of  administration,  were  thereafter  more  nearly 
assimilated  to  that  of  the  parent  country,  than  in  any*storv 
of  the  colonies.*  ^^'^^^n! 

New  Jersey. 
Long  Island  and  the  present  territory  of  New  Jersey 
were  both  originally  comprehended  in  the  provisions  of 
24 


370  THE   GOVERNMENTAL    HISTORY   OP 

Part  III.  the  thirteen  colonies. 


New  Jkr-  the  grant  to  the  Duke  of  York.  In  the  same  year  in 
Grant  by  "^^^^^^^^  ^^  "^^^  maclc  to  him,  he  granted  to  Lord  Berke- 
the  Duke  ley  and  Sir  George  Carterett  "all  the  tract  adjacent  to 
Lord"'^^  °New  England,  lying  westward  of  Long  Island — bound- 
Berkeley,  Q({  on  the  east  by  the  main  sea  and  partly  by  Hudson's 
etc.,  166-1.     .  ''  i         J      J 

river,  on  the  west  by  Delaware  bay  or  river,  and  extend- 
ing southward  to  the  main  ocean  as  far  as  Cape  May, 
at  the  mouth  of  Delaware  bay,  or  river,  which  is  forty- 
one  degrees  forty  minutes  lat. ;   which  tract  is  to  be 
Precincts    called  Ncw  Ccsarca  or  New  Jersey — together  with  all 
ony.        *  political  powers,  privileges  and  royalties  thereunto  ap- 
*  Story,      pertaining."*     It  was  called  New  Jersey  in  honor  of 
Lord  Carterett,  one  of  the  proprietors,  who  was  gov- 
ernor of  the  island  of  Jersey  in  the  English  channel. 
Under  the  well  directed  enterprise  of  these  grantees  it 
was  soon  settled  with  a  flourishing  population. 
Govern-  The  first  Constitution  of  government  provided  that 

th*^"'^  ?^     the  executive  authority  of  the    colony  should  reside 
in  a  governor  and  council,  and  the  legislative  in  a  gen- 
eral assembly  composed  of  the  governor  and  council, 
and  representatives  chosen  by  the  people.     The  powers 
of  legislation  were  full,  provided  the  laws   and  ordi- 
nances enacted  should  "be  consonant  to  reason,  and  as 
near  as  may  be  conveniently  agreeable  with  the  laws 
Taxes        ^^^^    customs   of   liis  majesty's   realm   of   England :  " 
Freedom    Freedom  from  taxation  unless  imposed  by  an  act  of  the 
scieuTe.&c.  Colonial  assembly,  equality  of  privileges,  and  freedom 

of  conscience,  were  guaranteed  to  all. 
Subject  to       On  the  accession  of  the  Duke  of  York  to  the  throne, 
SoiS\n-  '^^^  Jersey  became  subject  to  the  government  of  Sir 
dros,  1685.  Edmond  Andros,  together  with   New  York  and  the 
*June,       New  England  colonies.      After  his  authority  termin- 
^^^^'         ated,*  it  became  subject  to  the  executive  administra- 
tion of  the  governor  of  New  York,  though  still  having 
its  own   legislative    assembly.      In    the   year  1738  it 
was  made  an  independent  colony  under  a  royal  gov- 
ernor. 


THE   UNITED    STATES    OF    AMERICA.  371 

TU£IK    OUIGIN    A^D    DESIGNATIONS.  TaUT    III. 

PENNSYLVANIA. 

The  earliest  settlements  in  Pennsylvania  were  made  Pennstl- 
by  Swiss,  German,  and  other  emigrants,  who  derived 
their  titles  from  various  sources.     They  were  brought 
under   the   administration  of  the   governors  of  New 
York,  who   predicated   their   authority  on  the   patent 
given   to   the   duke  of  York,  in  1664.      The    source 
whence  their  power  was  derived,  however,  caused  it 
to  be  regarded  as  defective,  and  the  governors  were 
looked  upon  as  usurpers.     It  remained  under  this  fickle 
jurisdiction  until  the  year  1681,  when  it  was  granted 
by  Charles  II.  to  William  Penn,  a  son  of  Admiral  Penn,  Grant  to 
and  a  member  of  the  society  of  Friends,  as  sole  pro-  pg™^  ^ 
prietor.     The   considerations  fortius   grant  were,  the  Charles  n., 
services  rendered  by  his  father,  the  admiral,  to  the  Brit- 
ish nation,  and  the  expressed  desire  of  the  grantee  "  to 
extend  the  dominions  of  the  crown,  and  to  reduce  the 
natives,  by  just   and   gentle   treatment,  to  the  love  of 
civilized  society  and   the   christian  religion."     Under 
the  charter  to  Penn  its  boundaries  were  clearly  defined 
and  limited,  and  the  territory  embraced  in  its  precincts 
was  formally  assigned  to  him  by  the  duke  of  York.     He 
acted   as   governor  of  the  colony  until  the  year  1684, 
when  he  went  to  England,  and  being  involved  in  the 
stirring  scenes  of  the  English  revolution,  the  proprie- 
torship of  the  colony  was  taken  from  him  and  given  to  i692. 
the  governor  of  New  York.     It  was  restored  to  him 
again  in  1694,  and  thenceforth  remained  under  the 
proprietorship  of  himself,  or   his  heirs,  down  to  the 
time  of  our  revolution. 

DELAWARE. 

The  present  state  of  Delaware,  so  called  after  Lord  Dkla- 
De-La-War,  was  also  originally  appended  to  New  York,  ''^^^^' 
and  was  purchased  of  the  duke  by  William  Penn  in 
1682,  when  it  was  united  to  the  province  of  Pennsylva- 
nia, in  which  year  the  first  general  assembly  of  the 


872  Tlii^    (iOVEUiSx>ii:.:>;TAL    HISTOKT    Or' 

Fart  III.  the  thirtkex  colonies. 

colony  was  hold,  at  Chester.  This  union  was  dissolved 
in  the  year  1703,  from  which  period  down  to  the  time 
of  our  revolution,  the  two  territories  were  under  the 
same  executive  administration  or  proprietary,  but  en- 
acted their  laws  by  separate  legislatures  of  their  own 
choosing. 

MARYLAND 

Maryland.      "\yag  i\^q  ^^.g^  instance  of  the  division  of  a  colony  and 

*  Marshall,  the  establishment  of  another  within  its  territorial  limits, 

which  was  made  directly  by  the  crown.*  In  the  year 
1632,  Charles  I.  issued  a  patent  to  Sir  George  Calvert, 
Lord  Baltimore,  granting  to  him  and  his  heirs,  "  all 
that  region  in  America  bounded  by  a  line  drawn  from 
Precincts.  Watkin's  point  in  the  bay  of  Chesapeake,  to  the  ocean 
on  the  east — thence  to  that  part  of  the  estuary  of  Dela- 
ware on  the  north,  imder  the  fortieth  degree,  where 
New  England  is  terminated — thence  in  a  right  line,  by 
the  said  degree,  to  the  meridian  of  the  fountain  of  the 
Potomac — thence  following  its  course  by  the  farther 

*  Terram    bank,  to  its  Confluence  with  the  Chesapeake,  and  thence 
MarijE.       ^Q  Watkin's   point."     It   was   called    Mari-land*  after 

Henrietta  Maria,  the   daughter  of  Henry  IV.,  king  of 

France,  and  the  wife  of  Charles  I. — and  was  erected 

into  a  colony  under  a  frame  of  government  entirely 

independent  of  the  colony  of  Virginia. 

Design  of      This  charter  to  Lord  Baltimore  Avas  evidently  a  jcsu- 

prietors  to  iiical  productioR,  and  was  the  basis  of  the  first  attempt 

mtroduce  j^^^dc  to  introduce  Bomanism  into  the  English  posses- 

Komanism     _  .  . 

into  sions  on  the   continent  of  America.     Sir  George  Cal- 

^^^^^^-    vert  was  an  avowed  Bomanist.     He  had  endeavored  to 
establish  a  colony  of  Boman  Catliolics  in  New  Found- 
land  in  1621 ;  but,  failing  in  tliat  enterprise,  he  after- 
Death  of    wards  visited  Virginia  and  was  very  favorably  impressed 
Lord  Bal-  -yyith   the   couutry.     Being  a  favorite  with  the   royal 
family  he  readily  obtained    the   patent  of  land  above 
referred  to.     But  he  died  before  the  execution  of  his 
Patent  to   purpose  of  planting  a  colony,  and  the  patent  was  con- 
hisson.      fii^ii^ej   to   his   son    and   heir,  Cecil  Calvert,  who  was 
equally  devoted  to  the  interest  of  the  church  of  Borne. 


THE   UNITED    STATES    OF   AMERICA.  373 

THEIR    ORIGIN    AND    DESIGNATIONS.  PaRT    III. 

The  charter  was  written,  in  the  Latin  tongue,  and  those  Maryland. 
provisions  of  it  which  rehxted  to  matters  of  religion 
were  couched  in  language  whicli  might  well  elude 
the  notice  of  the  crown,  and  at  the  same  time  serve  to 
further  the  designs  of  the  patentee.  All  that  it  con- 
tained in  favor  of  toleration  was  the  equivocal  proviso 
"  that  no  construction  be  made  thereof  whereby  God's 
holy  and  truly  christian  religion  should  receive  any 
prejudice  or  diminution."  ♦ 

The  first  plantations  established  under  it  were  com-rianta- 
posed  of  and  largely  patronized  by  men  professing  the  ^eil^th""' 
Roman   Catholic   faith.     But   as   it  grew,  there  came  patent  to 
within  its  jurisdiction  many  who  had  imbibed  the  more  vert. 
tolerant  principles  of  protestantism,  and  were  decidedly 
opposed  to  the  political  elements  of  papacy.     It  was  Conflict 
unavoidable  that   the  colony  of  Maryland   should  beestantism. 
measurably  affected  ])y  the  principles  of  freedom  which 
Avere  developing  with  the  progress  of  the  reformation 
in  the  mother    country,  and  which  were    now  being 
evolved  with  a  more  practical  and  conservative  energy 
in  xVmerica. 

The  suspension  of  the  monarchy  consequent  uponAscend- 
the  civil  war  under  Charles  I.  gave  to  protestantism  the  profestent- 
ascendancy  in  the  colony,  and  was  for  a  while  produc-^^'"  i°  ^^^ 
tive  of  a  more  lenient  government  as  well  as  more  tol-  ^^  °"^' 
erant  laws.     But  the.  entire  abolition  of  the  regal  power 
was  too  fatal  to  the  prerogatives  of  supremacy  claimed 
by  the  Romish  church,  and  sought  to  be  re-established 
in  America,  to  escape  the  vigilant  energy  of  Sir  Cecil 
Calvert,   now    Lord    Baltimore,   in    whom   was    con- 
centered all  her  hopes  of  supremacy  in  the  new  world.  Allegiance 
The  governor,  or  lieutenant  as  he  was  called,  and  allofth'ecolo- 
the  memljcrs  of  the  colonial  council,  were  bound  by  emm^nT 
oath  "  to    defend   and   maintain   the    Roman    Catho-  '^  Roman- 
lie  religion   in  the   full   and   free  exercise  thereof."*  *  i  Haz- 
Thus  it  came  to  pass  that,  under  the  protectorate  and  papeS''^^ 
the  commonwealtli,  an  open  and  decided  opposition  was 
made  to  the  charter  and  the  government  of  Lord  Balti- 


3T4 


THE   GOVERNMENTAL   HISTORY   OF 


Part  III. 


THE    TUIRTEKN    COLONIES. 


Maryland,  more  ;  and  parliament  proceeded  to  revoke  the  one  and 

overthrow   the  other.     The   record  of  this  conflict  is 

The  com-   to  be  found  in  what  was  termed  "A  Breviat  of  the  pro- 

monweaith  ceedings  of  the    Lord    Baltimore    and  his  officers  and 

revoke  the  •      T»r        i       i  "v^^-i^  uxivi 

charter,  complicrs  in  Maryland  against  the  authority  of  the  par- 
liament of  the  Commonwealth  of  England,  and  against 
his  highnesse  the  Lord  Protector's  authority,  laws,  and 
government,"  dated  in  the  year  1656,  which  declares 

♦  that 

Reasons         "  The  province  of  Maryland  in  that  state  wherein 

for  reduc-  j^.  gtood  Tinder  Lord  Baltimore's  government  had  more 

ing  his  ^ 

need  of  reducing  than  any  English  plantation  in 
America,  for  these  reasons,  viz  : 

"  1.  The  covenant,  laws,  and  platform  of  ^vernment 
established  in  England,  declare  the  suppression  and  ex- 
tirpation of  popery,  to  which  his  highnesses  oath  tends ; 
but  the  Lord  Baltimore's  government  declares  and 
swears  the  upholding  and  countenancing  thereof,  both 
by  the  officers  and  people. 

"  2.  The  Lord  Baltimore  exercised  an  arbitrary  and 
tyrannical  government,  undertook  a  princely  jurisdic- 
tion, stiles  himself  absolute  lord  and  proprietor,  con- 
stituted a  privy  council,  most  of  papists  and  the  rest 
sworn  thereto.  This  privy  council  must  be  the  legis- 
lative power,  that  is  to  put  in  execution  such  laws,  the 
laws  which  the  Lord  Baltimore  himself  makes  and  im- 
poseth,  and  he  makes  what  laws  he  pleaseth.  The  peo- 
ple are  indeed  called  to  assemblies,  but  have  neither  leg- 
islative power,  nor  of  judicature,  that  being  appropria- 
ted to  the  privy  council  or  upper-house,  so  that  what  is 
determined  by  them  admits  of  no  reference  or  appeal. 

"  3.  The  Lord  Baltimore's  grants  of  land  are  made 
the  end  that  the  grantees  might  be  the  better 
enabled  to  do  him  and  his  heirs  all  acceptable  service, 
for  the  terme  is  for  all  service ;  to  which  they  must  all 
swear  before  they  have  any  grants,  without  any  relation 
to,  or  mention  of,  the  supreme  authority  of  England, 
either  in  this  or  anything  else  that  passetli  there. 


govern- 
ment, 
1656. 

That  he 
upholds 
Roman- 
ism. 


For  the  su- 
premacy 
and  papa- 
cy of  his 
govern- 
ment. 


For  the  na- 
ture of  his  to 
grants, 


THE   UNITED   STATES   OF   AMERICA.  375 

THEIR    ORIGIN    AND    DESIGNATIONS.  PaRT    III. 


"4.  That  the  Lord  Baltimore  issued  writs  and  allM.v 


UYLAND. 


other  process  whatsoever  in  his  own  name.  ^'^r  '''■^ 

"5.  Charles  Stewart,  son  of  the  late  king,  was  in 
Maryland  proclaimed  king  of  England,  &c.;   against  For  pro- 
which  no  act,  order,  or  proclamation,  hath  been  P^^ib- charies^ll 
lished  by  the  Lord  Baltimore  or  his  officers. 

"  6.  That  there  was  a  notable  practice  of  compliance  For  his 
of  the  Lord  Baltimore  and  his  party,  with  the  late  ^""^^^tti'^e  ^ 
king's  party  in  A^irginia,  against  the  parliament  and  regal 
their  ships — the  said  Lord   Baltimore    having  gotten 
commission  from  the  king  at  Oxford  to  seize  and  take 
the  ships  and  goods  of  all  such  as  would  not  pay  the 
customs   there,    which   the   Lord    Baltimore    was    to 
receive ;  and  undertook  to  put  in  execution,  but  failed 
thereof  through  the  country's  non-compliance. 

^^Arid  that  since  the  reducement  of  the  said  province 
under  the  obedience  of  the  commonwealth  of  England, ^^'P^^'^'^- 

"1.  That  the  Lord  Baltimore  hath  utterly  disowned  For  his 
and    contradicted    the    said    rqducement — terming   itparii^.'' 
rebellion  against  himself   and  his  government  there,  i"ent. 
scandalizing   and    abusing  the    commissioners    of   the 
commonwealth  of  England  with  the  opprobrious  names 
of  factious,  seditious,  jLialicious,  and  rebellious  persons, 
that  they  should  stir  up  the  people  to  sedition  and 
rebellion,  and  were  the  abettors  thereof. 

"2.    That  the  Lord  Baltimore  hath  from  time   to  For  his  re- 
time instigated  and  animated  his  officers  to  oppose  and  ^'^*^"^^  *<* 
act  contrary  to  the  said  reducement,  as  well  by  force  nion- 
of  arms  as  otherwise,  commanding  them  to  apprehend  ^^"^'^*  ' 
the  state's  commissioners  and  their  complices  as  rebels 
to  him,  and  deal  with  them  accordingly ;  requiring  his 
officers  to  proceed  in  his  own  way  of  government,  and 
to  carry  all  in  his  name  as  before ;  notwithstanding 
anything  done    l)y    the    said   commissioners ;    and   to 
undertake  to  justify  them  in  such  their  proceedings, 
and  to  bear  them  out  in  it.  Slcncf '' 

"3.  The  Lord  Baltimore  in  his  last  letter  to  Capt.  ^i'^i  t^^ 
Stone,  doth  blame  him  for  resigning  up  his  govern- of  Ya. 


376  THE   GOVERNMENTAL   HISTORY   OP 

Part  III.  the  thirteen  colonies. 

Mai.t:  AND.  ment  into  the  hands  of  the  lord  protector  and  common- 
Reasoiiri of -yyealth  of  En ghmd,  without  striking  one  stroke;  tax- 
foiTbdu-  ing  him  with  cowardice,  that  having  to  many  men  in 
cmg  the  ^YY^-^^^  \iq  wouM  not  opposo  ;  saying,  that  Bennett  and 
Lord  Bal-  Claiborne  durst  as  well  have  been  hanged  as  have  op- 
I6b6.^'      posed  liim,  or  to  that  effect. 

His  abuse  "'^-  That  in  the  last  rebellion  against  his  highnesse 
of  the        tiie  \qj.(\  protector  and  commonwealth  of  England,  and. 

T  ord  Pre*  cj  > 

lector,  &c.  the  government  established  in  Maryland  by  their  au- 
thority, the  said  Lord  Baltimore  and  his  officers  have 
in  high  measure  abused  the  name  of  the  lord  protector, 
and  under  that  notion  have  committed  many  notorious 
robberies  and  murders  against  peaceable  and  loyal  sub- 
jects of  the  commonwealth  of  England  and  his  high- 
ness the  lord  protector  ;  and  to  this  end  raised  men  in 
arms,  conferring  honours  upon  base  and  bloody-minded 
people,  as  well  papists  ns  others,  and  employed  them 
in  a  violent  and   formidal;lo   manner  in   battle  array, 
Fighting    with    Lord    Baltimore's    colours    displayed,    to    fight 
against  the  j^gg^jj^jg^  the  lord  protector's  government  and  people, 
wealth.       yea,  to  slioot  against  his  highnesses  colours,  killing  the 
ensign-bearer  ;  by  which  means  much  blood  hath  been 
shed,  many  made  widows    and   fatherless,  and  great 
damage,  danger,  and  distress,  brought  upon  the  whole 
province :    the  Indians   likewise   taking  occasion   and 
advantage  hereby  to  fall  upon  the  frontier  plantations, 
have  killed  two  men  and  taken  some  prisoners. 
Obtained        ^''Before   the   alteration   of    the  government  here  in 
his  patent  j^fia-lancl — The  Lord  Baltimore  obtained  a  pattent  from 

by  iraud.  ^  ^ 

tlic  king,  for  a  tract  of  land  in  the  bay  of  Chcsapiak 
in  Virginia,  pretending  the  same  to  be  unplanted ;  by 
this  means  takes  away  the  lands  from  the  Virginians, 
to  whom  the  same  of  right  belongs ;  and  not  only  so, 
but  takes  away  the  trade  with  the  nations  which  they 
had  many  years  enjoyed ;  and  not  being  able  to  man- 
age the  trade  himself,  left  it  to  the  Swedes  and  Dutch, 
who  furnished  the  Indians  with  powder,  shot,  and  guns, 
to  the  great  damage  and  danger  of  those  plantations, 


THE   UNITED    STATES   OP   AMERICA.  377 

TIIEIK    ORIGIN    AND    DESIGNATIONS.  PaI!T    III. 

and  his  hig-lmesses  subjects  ;  and  further  most  unjustly  Maryland. 
and  cruelly  disseized  Capt.  Claiborne  and  others  of  the  iiis  disper- 
island  called  Kent,  though  seated  and  peopled  under  haburutr" 
the  A^irginian  government   three  or  four  years  before  of  Vir- 
the  king's  grant  to  him  ;  and  not  the  land  only,  but 
the  estates  and  lives  too  of  such  as  opposed  him  or  his 
officers,  hanging  some  and  killing  others  who  sought 
the   preservation   of   their    rights   and   interests   from 
popish  violence.      Such  a   beginning    had   that   poor 
unhappy   plantation,   being   founded    upon  the  rights  *iHaz- 
and  labours  of  other  men,  and  begun  in  bloodshed,  ^l^'^  ^*^^*® 
robbery,  and  all  manner  of  cruelty."*  628. 


Here  we  have  a  graphic  picture  of  the  bloody  and 
fearful  strife  which  took  place  in  Maryland  under  the 
effort  to  establish  the  papal  power  in  America.     The 
abolition  of  the  regal  authority  in  the  mother  country, 
as  I  have  elsewhere  had  occasion  to  remark,  was  the 
result  of   the   freer   development  of  the  elements  of 
political  liberty  embraced  in  the  protestantism  of  the  Elements 
puritans.     They  were  utterly  antagonistic  to  the  po- ^j^|||"^^f *'' 
litical  elements  of  Romanism,  and  the  record  shows  t"een  Ro- 
how  impossible  it  was  for  the  two  to  subsist  together  and  pro- 
in    harmony.     Puritanism    opposed    royalty    not    on  testantism. 
account  of  any  inherent  aversion  it  had  to  that  form 
of   supreme  administration    in   the    government,  but 
because  the  sovereign  claimed  to  hold  his  crown,  with 
all  its  prerogatives  of  power,  by  a  hereditary  succes- 
sion derived  under  a  divine  appointment,  independent 
on  and  irrespective  of  the  will  of  the  subject.     Hence' 
Romanism  could  not  hope    to    gain    or  to  retain  an 
ascendency  in   any   of   the    British   possessions,  if  it 
warred  against  the  divine  right  of  the  king,  or  favored 
the  idea  of  sovereignty  in  the  people.     Claiming  to 
have  in  itself  the  vicegerency  of  divinity  on  earth,  it 
must  necessarily  claim  for  the  crown  a  title  which 
could  be  derived  from  no    other  or  inferior  source. 
This  therefore  was  the  political  aspect  of  the  contro- 


378  THE   GOVERNMENTAL   HISTORY   OP 

Part  III.  the  thirteen  colonies. 

Maryland,  versy  ;  and  it  was  this,  in  brief,  which  enlisted  Roman- 
ism against  Protestantism,  and  Protestantism  against 
Romanism,  both  in  England  and  America,  and  which 
engendered  a  fierce  civil  war  between  them  in  Mary- 
land as  well  as  in  the  mother  country. 
The  con-        The  conflict  here  was  a  terrible  one,  but  the  fiery 
M%^i  nd   ordeal  must  be  passed  through  before  the  victory  could 
be  complete,  and  it  was  well  that  it  should  take  place 
in  the   infancy  of   their  colonial    existence.      It  was 
another  of  those  experiences  in  the  progress  of  human 
freedom,  the  contemplation  of  which  makes  the  soul 
'     shudder,  the  heart  weep,  and  the  blood  to  curdle  as  it 
courses  through  the  veins.     Still  it  mus't  needs  be  that 
it  should  come,  and  its  issue  was  the  surer  triumph  of 
Final  as-    freedom  and  humanity.     Still  Protestantism  was  not 
of  Protest-  fully  ascendant  in  Maryland  iintil  after  the  accession  of 
antism.      "William  and  Mary  to  the  throne,  when  the  dogma  of  the 
divine  right  of  the  king  to  rule  independently  of  the 
will  of  the  people,  was  forever  abolished  in  England, 
and  ceased  to  be  defended  or  respected  in  America. 
In  1692,  Maryland  was  established  as  a  royal  colony 
Estab-       under   a    protestant    government,  administered    by   a 
^^r^teltant^  SO^'^^^^or  and  council  appointed  under  a  commission 
colony,      from  tlic  crowu,  with  an  assembly  of  representatives 
/       chosen  by  the  people.     This  continued  until  the  year 
1715,    when   the   proprietorship    of    the    colony   was 
restored  to  the  heirs  of  Lord  Baltimore,  and  so  con- 
^„     „,.,  tinued  down  to  the  era  of  our  revolution.* 

*See  Wil- 
son's U.  S. 

THE  CAROLINAS. 

The  territory  of  the  Carolinas,  so  called  originallyf 

f  1564.      in  honor  of  Charles  IX.  of  France,  was  the  place  which 

witnessed  Sir  Walter  Raleigh's  early  attempts  to  plant 

an  English  colony  in  America.     It  was  conveyed  by 

^,3g.        Charles  11.  to  lords  Clarendon  and  others,  in  April, 

marie        1663,  who  planted  Albemarle  county  colony.    The  con- 

cokTny.      stitution  at  first  adopted  by  the  proi)rietors  provided 

that  the  powers  of  government  should  be  vested  in  a 


THE   UNITED   STATES   OF   AMERICA.  379 

THEIR    ORIGIN    AND    DESIGNATIONS.  PaKT    III. 

governor,  to  be  chosen  by  the  proprietors  from  a  conn-  The  Caro- 
cil  of  thirteen  persons,  who  were  to  be  nominated  by  '-'''"'^s- 
the  planters ;  and  a  general  assembly  composed  of  the  Govcrn- 
governor  and  council  and  the  representatives  of  the 
people  of  the  several  plantations.     They  were  invested 
with  full  powers  of  legislation,  subject  to  the  decision 
of  the  proprietors.     The  charter  itself  secured  freedom  I'reedom 
of  religious  opinion.     Each  settler  was  to  receive  oneg^.;jQ°!g 
hundred  acres  of  land  for  himself,  and  fifty  for  every  secured. 
servant,  provided  he  came  into  the  province  within  five 
years  from  this  period.     At  its  first  meeting  the  general  Induce- 
assembly  enacted  that  no  freeman  should  be  sued,  for  settlers. 
any  cause  of  action  originating  out  of  the  colony,  within 
the  space  of  five  years,  and  all  persons  were  prohibited 
receiving  a  power  of  attorney  for  the  purpose  of  re-*Winter- 

,      T    1  ,     ;it  botham. 

covering  such  debts.* 

The  proprietors  finding  their  plantation  to  grow  very 
tardily,  notwithstanding  these  inducements  to  settlers, 
attributed  it  to  tlie  plan  of  government  they  had  adopted, 
and  the  famous  philosopher,  John  Locke,  was  requested 
and  employed  to  draft  a  constitution  for  the  province,  Constitu- 
which  should  "  make  the  government  of  Carolina  agree  j°|^ '^°^' ^^ 
as  nearly  as  possible  to  the  monarchy  of  which  it  was  a  Locke. 
part ;  and  to  avoid  erecting  a  numerous  democracy."!  f  Wilson's 

Locke's  political  theories  were  ill-adapted  to  the  times  ^'  ^' 
in  which  he  lived,  to  the  actual  condition  of  man,  or  to 
the  existing  relations  of  society.  His  plan  of  govern- 
ment demonstrated  the  inability  of  mere  closet  specu- 
lation to  provide  for  the  regulation  of  communities,  or 
the  amelioration  of  the  condition  of  mankind.  It  was 
found  in  practice  to  be  inadequate  to  the  wants,  the  * 
feelings,  the  condition  and  character  of  the  people,  and 
was  at  length  abandoned,  when  the  older  form  was  sub- 
stantially re-established. 

The  Alliemarle  county  colony  and  Cape  Fear  settle-  The  early 
ments  were  the  earliest ;  these  were  followed  by  the  colonies. 
Clarendon  county  colony,  the  Cartaret  county  colony 
and  others. 


380  THE   GOVERNMENTAL   HISTORY  OP 


Part  III.  the  thirteen  colonies. 


French  A  companj  of  French  protestauts,  refugees  from  the 

fpts  01-'     persecutions  of  France,  came  over  in  the  year  1679,  and 

Hugve-      aided  in  laying  the  foundation  of  the  present  city  of 

°!*^^"         Charleston.     All  of  these  plantations  were  eventually 

ton.  brought  under  one   general  board  of  proprietors.     In 

1729,  the  patent  to  Lord  Clarendon  wjis  surrendered 

back  to  the  crown,  when  new  patents  were  issued  estab- 

North  andlishing  the  colonies  of  North  and  South  Carolina  under 

c°"^rna     separate  charters,  the  governments  under  which  went 

into  full  operation  in  1732. 

GEORGIA. 

Georgia.        In  June,  of  tlie  same  year,  a  plan  was  formed  in  Eng- 
land, for  planting  a  colony  in  America,  on  the  territory 
lying   between   the  rivers  Savannah  and  Altamahaw, 
Object  of    adjacent  to  Carolina.     The  object  of  the  proprietors 
ture.^  ^'^°' was  declared  to  be  "  to  establish  an  asylum  for  perse- 
cuted protestants  of  all  countries,  to  strengthen  the 
province  of  Carolina,  and  to  provide  a  home  for  suffer- 
b^hanr*  iug  and  indigent  families  in  Great  Britain  and  Ireland, 
Wilson.     In  a  country  where  poverty  would  be  no  reproach."* 

General  James  Oglethorpe,  then  a  prominent  mem- 
ber of  parliament,  was  the  originator  of  this  movement. 
Charter      He  obtained  a  charter  of  incorporation  from  George  II., 
060^6  II  which  conferred  the  usual  powers  of  corporations  in 
England.     It  placed  the  management  of  the  colony  in 
the  proprietors  of  the  company  and  a  council  of  sixteen 
persons,  to  be  first  nominated  by  the  crown  and  after- 
wards chosen  by  the  proprietors.     General  Oglethorpe 
Embarka-  himself  headed  the  adventure,  and  embarked  with  one 
tioa  of    «  hundred  and  sixteen  persons,  in  November,  1732.    They 

Gen.  Ogle-  ^  ,     ,  i     i  j  i 

thorpe       touched  at  Charleston  and  thence  proceeded  to  explore 
knd  rm.  *^^^  country  for  a  convenient  place  to  plant  their  settle- 
ment.    Arriving  at  Yamacraw  they  descried  a  beauti- 
ful and  elevated  plain,  above  the  bluffs  which  lined  the 
Planting  of  hank  of  a  river  called  by  the  natives  Savannah  ;  here 
Savannah,  ^^j^y  planted  the  city  which  now  bears  that  name,  and 
thus  was  laid  the  foundation  of  Georgia,  so  called  in 


THE   UNITED   STATES   OP   AMERICA.  381 

TIIEIR    ORIGIN    AND    DKSIGNATIONS.  PaRT    III, 

honor  of  the  sovereign  from  whom  they  procured  their  Gkorgia. 
charter. 

General  Oglethorpe  soon  afterwards  visited  England.  Second  ex- 
He  returned  again  in  1736  with  tliree  hundred  emi-P''^'*'^,'',^^ 
ffrants,  and  erected  forts  at  Augusta,  Darien,  and  other  thorpe, 

1*736 

places,  which  were  the  basis  of  further  settlements. 
But  the  colony  did  not  flourish,  although  the  object  of 
the  proprietors  was  so  humane  and  benevolent.  It 
required  a  more  material  patronage  than  was  within 
the  reach  or  the  control  of  the  settlers,  to  defend  them 
from  the  embarrassments  occasioned  by  the  wars  be- 
tween the  French  and  the  Indians.  The  charter  was  Charter 
surrendered  back  to  the  crown,  when  a  royal  govern- ^^^^j^^^^ 
ment  was   established  over  the  colony.     But  being  at  tiie  crown, 

.  .  1752. 

that  time  a  frontier  settlement,  Georgia  was  subject  to 
more  embarrassments  than  beset  the  other  colonies, 
and  which  materially  impeded  her  growth  and  retarded 
her  prosperity.  The  plantation  remained  in  a  very  crip- 
pled condition  until  after  the  surrender  of  the  Floridas 
to  Great  Britain. 

NEW   HAMPSHIRE. 

This  territory  was  originally  a  part  of  Massachusetts  New 
Bay,  and  most  of  its  early  colonial  history  was  developed  ^^^^" 
under   the    auspices    and  general  jurisdiction  of  that 
colony.     The  land  lying  within  its  limits,  with  a  part 
of  the  territory  now  within  the  precincts  of  the  state  of 
Maine,  was  granted  by  the  council  at  Plymouth,  to  Sir 
Ferdinand  Gorges   and   Capt.    John  Mason,  of  Hamp- patent  to 
shire,  England,    under    the    name  of  Laconia.     They  ^^'' ^^''^^" 

,  "^  nand 

planted  Little  liarbor,  near  the  mouth  of  the  Piscata- Gorges, 
qua  river,    and    Cochecho    now  called   Dover,  on  the     "^"* 
Cochccho  river  a  few  miles  above  its  confluence  with 
the  Piscataqua.     The  colony  was  afterwards  called  New 
Hampshire,  and  was  variously  and  uncertainly  governed  Designa- 
until  1641,  when  it  came  more  immediately  under  the  coionf .  ^^^ 
administration  of  Massachusetts  Bay.     It  was  separa- 
ted again  in  the  year  1680,  by  a  charter  from  the  crown. 


382  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.  the  thikteen  colonies. 

New-        which  erected  it  into  a  distinct  province.*     The  gov- 
sniRE.        crnment  under  it  was  composed  of  a  president  and  coun- 
*  Wilson's  cil  appointed  by  the   king,  and  a  house  of  delegates 
jj_g  *gj.j^_  chosen  by  the  people.     Its  first  general  assembly  met 
raent.        at  Portsmouth,  in  March,  1680,  and  enacted  "  that  no 
act,  imposition,  law  or  ordinance,  should  be  made,  or 
imposed  upon  them,  unless  adopted  by  the  assembly 
and  approved  by  the  president  and  council."     The  ad- 
ministration of  Andros  was  extended  over  New  Hamp- 
shire while  he  ruled  in  New  England.     When  he  was  de- 
posed the  people  took  possession  of  the  government  as 
a  distinct  colony  until  1690,  when   they  again   placed 
themselves   under   the   government  of  Massachusetts 
Bay.     This  union  was  again  dissolved  by  the  crown  a 
few  years  afterwards,  and  again  renewed  in  the  year 
„,  1699.     The  two  provinces  were  under  the  administra- 

Changes  '- 

in  her  gen-  tiou  of  the   same  royal  governor,  though  each  had  its 

mhiistra-    s^oparatc  legislative  assembly,  from  this  period  down  to 

tion-  the  year  1741,  when  New  Hampshire  was  permanently* 

jj  J.    jj^     established  as  a  separate  province  :  As  Georgia  suffered 

barrass-     from  her  location  on  the  extreme  southern  frontier,  so 

New   Hampshire  was  harassed,  her  towns  plundered, 

.her  houses  pillaged  and  conflagrated,  and  her  children 

butchered  or  led  away  captive,  during  the  French  and 

Indian  wars  which  for  years  disturbed  tlic  northern 

frontier.  

Classifica-       This  cursory  reference  to  the  origin  of  the  several 
coion^iL^^^°  colonies  into  which  New  England  and  Virginia  were 
govern-      subdivided,  prepares  us  to  proceed  with  their  general 
governmental  regulations.     In  doing  this  I  find  them 
resolved  into  proprietary,  provincial  and  charter  gov- 
ernments. 

The  Proprietary  Governments 
.„      .       Were  so  denominated  because  the  individual  to  whom 
ry  govern- the  grant  was  made  was  invested  with  all  power  and 
ments.       authority  in  the  colony,  independent  on  any  interfer- 
ence of  the  crown  or  parliament,  except,  as  it  was 


THE   UNITED    STATES   OF   AMERICA.  383 

THEIR    ORGANIC    DIFFERENCES.  PaRT    III, 

expressly  provided,  when  the  grantee  departed  from  PropHeta- 
thc  objects  of  the  grant.  The  Proprietary  possessed  ^^  govern- 
all  the  prerogatives  of  royalty,  and  the  inferior  powers 
of  legislation  which  formerly  belonged  to  the  owners 
of  counties  Palatine  in  England.  He  was  authorized 
to  frame  all  laws,  ordinances,  and  institutions,  which 
he  deemed  necessary  to  protect  or  to  promote  the 
interests,  or  for  the  better  regulation  and  government 
of  the  colony.  He  appointed  the  governor  over  it, 
and  had  power  to  direct  him  to  call  an  assembly  of  the 
freemen  or  their  delegates,  to  demand  their  assistance 
in  devising  the  mode  in  which  the  functions  of  the 
government  shovild  be  administered,  or  he  might  him- 
self devise  that  mode.  The  chief  executive  power 
resided  in  the  proprietary. 

In  the  early  history  of  the  colonies  under  this  form  Character 
of  administration,  the  whole  body  of  the  people  met^^j^^^J^^ 
to  enact  laws  and  to  provide  for  the  general  welfare  of  traticus. 
the  plantation,  but  their  ordinances  were  always  sub-^       , 
ject  to  the  revision  of  the  proprietary,*  who  was  often  stone, 
non-resident.  ^^^* 

It  is  obvious  that  under  such  a  policy  of  government 
many  occasions  might  arise  when  the  exercise  of  the 
prerogatives  vested  in  the  proprietary  would  be  of 
great  detriment,  and  tend  even  to  the  oppression  of 
the  colonists.  Laws  which  in  their  view  were  whole- 
some, just,  and  necessary,  unless  they  were  sanctioned 
by  his  approval,  became  wholly  inoperative  and  void. 
Thus  the  will  of  the  people  was  made  subject  to  the 
opinions,  the  wishes,  and  sometimes  even  to  the  arbi- 
trary caprices,  of  the  proprietary.  This  was  more 
particularly  the  case  where  his  power  was  delegated, 
as  in  frequent  instances  it  was,  to  a  lieutenant  or  a 
governor.  Hence  the  history  of  those  colonies  which 
were  subject  to  this  form  of  administration,  presents  PropHeta- 
an  almost  uninterrupted  series  of  controversies  be- [iipnts  at"' 
tween  the  proprietors  or  their  lieutenants  and  the  ♦'^c  *'™^  ^^ 
people.     At  the  time  of  our  revolution,  Pennsylvania,  lution. 


884 


THE   GOVERNMENTAL   IIISTOKY   OF 


Part  III. 


THE    TIIIKTEEN    COLOXIES. 


Provincial 

govern- 

meuts. 


Peculiari- 
ties of 
these  ad- 
ministra- 
tions. 


Delaware,  and  Maryland,  existed  under  this  form  of 
government. 

The  Provincial  Governments 

Were  those  which  were  framed  under  a  commission 
issued  by  the  crown,  which  usually  contained  the 
appointment  of  the  individual  to  whom  they  were 
chiefly  directed  to  the  oifice  of  governor,  or  vicegerent 
of  the  king.  They  derived  their  characteristic  fea- 
tures from  the  nature  of  these  commissions  and  the 
instructions  with  which  they  were  accompanied.  The 
governor,  or  vicegerent  as  he  was  sometimes  called, 
was  required  to  conduct  the  administration  of  the 
government  agreeably  to  the  laws  of  England,  and 
was  liable  to  be  punished  by  those  laws  in  case  of  mal- 
administration. A  council  was  also  named  in  the  com- 
mission, who  were  associated  with  the  governor  as 
assistants  in  the  performance  of  his  executive  func- 
tions. With  their  consent,  the  governor  had  power  to 
establish  courts ;  to  appoint  judicial  and  other  officers, 
and  magistrates ;  to  pardon  ofi'ences ;  to  remit  fines 
imposed,  or  forfeitures  incurred ;  to  collate  to  churches 
and  benefices ;  to  levy  military  forces  for  attack  or 
defence,  and  to  establish  martial  law  in  times  of  war, 
invasion,  or  rebellion.  The  governor  also  had  absolute 
power  to  suspend  any  member  of  the  coiincil  from 
office,  and  to  fill  any  vacancies  which  might  occur,  till 
the  pleasure  of  the  crown  should  be  known  in  the 
premises. 

Tbese  commissions  also  provided  for  calling  an  as- 
sembly of  the  freemen  by  delegates  or  representatives, 
chosen  by  the  people  of  the  several  towns.  These, 
with  the  governor  and  council  of  assistants,  composed 
the  legislative  branch  of  the  government,  the  governor 
and  council  composing  the  upper  branch,  and  the  house 
of  delegates  the  lower,  with  a  negative  upon  their 
enactments  vested  in  the  governor  ;  all  laws  after  their 
final   passage  in   the   province   being   subject   to   the 


Assembly 
of  the 
people. 


THE   UNITED   STATES   OF  AMERICA.  38^ 

THEIR    ORGANIC    DIFFERENCES.  ParT    III. 

revision  of  the  crown  in  England.  Both  the  governor 
and  judicial  officers  were  dependent  upon  appropria- 
tions made  by  the  general  assembly  for  their  compen- 
sation, which  regulation  operated  as  a  healthful  check 
against  any  violent  assumption  of  authority  or  abuse* story, 
of  power.  Appeals  lay  to  the  crown  from  the  higher  ^lack. 
courts  of  judicature.*  stone.  • 

New  Hampshire,  New  York,  New  Jersey,  Virginia,  Provincial 
Georgia,  North  and  South  Carolina,  existed  under  this  i^i°ciits"at 
frame  of  administration  at  the  time  of  our  revolution,  the  time  of 

mi  1  1  •  •     •         n  •        ^^^'^  ReVO- 

ihe  two  last  named  provmces  were  originally  propnc- lution. 
tary,  but  this  form  of  government,  as  we  before  said, 
was  attended  with  great  embarrassment.  The  haughty 
and  independent  spirit  of  the  people  rebelled  against 
the  insolence  and  opi^ression  of  the  proprietary.  They 
threw  off  their  authority,  proclaimed  themselves  inde- 
pendent, and  elected  their  own  governor  and  council, 
in  1719.     They  were  subsequently  divided  and  erected^     „ 

"^        .  T  .     .  „  See  Caro- 

into  separate  provinces  under  a  commission  from  the  Unas,  ante, 
crown. 

The  Charter  Governments 
Were  such  as  derived  their  existence  under  a  charter  Charter 

govern 
ments. 


of  incorporation,  containing  a  grant  of  political  powers  "*^'^®™" 


and  privileges  to  the  company  generally.  Their  gov- 
ernor was  appointed  in  the  first  instance  hy  the  crown, 
and  after  that  he  was  chosen  by  the  company.  Wo 
have  already  seen  what  were  the  general  provisions  of  Ti^g-irpecu. 
these  charters,  and  how  they  were  evaded  or  departed  li^rities. 
from  in  the  several  colonies  or  companies  established 
by  them  >  and  how  in  the  progress  of  their  history 
they  gi-adually  grew  into  the  exercise  of  more  liberal 
ej^ecutive,  legislative,  and  judicial  powers,  than  were 
conferred  or  warranted  by  their  early  charters.  The 
new  charters  which  some  of  them  received  at  a  later 
day,  expressly  secured  to  them  many  of  these  immu- 
nities and  privileges.  Their  governors  were  appointed 
by  the  crown,  while  the  council  of  assistants  was  chosen 
25 


386  THE   GOVERNMENTAL    HISTORY   OP 


Part  III.  the  thirteen  colonies. 


Charter      by  tlic  general  assembly,  and  the  representatives  by 
ments'at    *^^°    people    tliemselves.     Massachusetts    Bay,   Rhode 
the  time     Island,  and  Connecticut,  were  the  onlv  charter  erovcrn- 
olution.^^'iT^cnts  existing  at  the  time  of  our  revolution.     The  two 
last  named  were  more  purely   democratic   tlian   any 
of  the  others.     The  governor,  deputy  governor,  coun- 
cil of   assistants,  and  house  of  representatives,  were 
chosen  directly  by  the  people,  and  all  other  officers 
were  appointed  by  them. 


Such  were  the  principal  features  wherein  the  several 
English  colonies  in  America  diifered  in  their  general 
Rimilarity  governmental  organizations.     I  now  propose  to  point 
adininis-     ^^^^  tliosc  in  wliicli  they  were  similar,  and  which,  while 
tratioiis.     they  proclaim  their  consanguinity  to  each  other  and  to 
the  mother  country,  at  the   same  time  illustrate  the 
origin  and  the  growth  of  those  ties  of  political  rela- 
tionship and  fraternity  which  served  in  the  maturity 
of  their  development  to  harmonize  their  opinions,  to 
blend  and  confirm  their  sympathies,  and  ultimately  to 
bind  them  together  in  a  perfect,  permanent,  and  happy 
union. 
Constitu-        1.    To  all  of  the  colonists  and  their  descendants,  in 
rights  and  cvcry  of  thc  colonics,  were  guaranteed  "  all  the  rights, 

rcstric-       privileges  and  immunities   of  native-born  subjects  of 
tioiie.  1  c)  " 

England,"  while  upon  the  legislative  powers  of  each 

was  imposed  the  restriction  that  their  laws  should  not 

be  repugnant  to,  but  as  near  as  might  be  agreeable 

with,  the  laws  of  England.     This  restriction  was  but 

little  regarded,  however,  in  most  of  the  colonies,  and 

does  not  appear  to  have  been  rigidly  enforced  by  the 

crown.     Their  general  assemblies  availed  themselves 

of  the  qualification  it  seemed  to  contain,  and  adopted 

a  latitude  of  construction  which  admitted  thc  passage 

of  laws  and  ordinances    diflbring   from    those   of   the 

parent  state,  wherever  the   latter  were    regarded   as 

inappropriate  to    their   circumstances    and    condition. 

Occasions  frequently  arose  which  rendered  this  liberty 


THE   UNITED    STATES   OF   AMERICA.  387 

THEIR    ORGANIC    SIMILITUDES.  PaRT    III. 

of  legislation  necessary  to  their  preservation  and  pros-  English 
perity.     Indeed,  in  the  several  colonies  the  same  pro- [^,""|,'q" 
visions  of  the  English  laws  were  not  found  of  a  like  regarded 

.  T       •  1  .1       among 

suitable  application,  but  were  adopted  with  a  singular  them, 
variety  of  construction.  Hence,  although  each  of 
them  regarded  the  Common  Law  of  England  as  its  just 
and  hereditary  right,  and  the  basis  of  its  own  system 
of  jurisprudence  and  administration,  it  were  difficult 
to  trace  the  varied  superstructure  in  each  to  the  same 
original  source. 

Wc  find,  however,  a  much  wider  departure  from  their  Departures 
charter  provisions  in  their  legislative  enactments  than  of  Eng-"^ 
in  their  judicial  decisions.     These  provisions  as  well  as  ^^'^^• 
the  laws  of   the  mother  country,  whether   springing 
from  the  ordinances  of  the  crown  or  the  enactments  of 
parliament,  were  alike  disregarded,  unless  where  they 
had  reference  to  their  relations  with  the  mother  coun- 
try, or  with  each  other,  and  did  not  interfere  with  their 
internal  policy. 

2.   Tlie  right  of  the  people  to  choose  delegates,  who  The  rio-ht 
should  constitute  a  branch  of  their  general  assembly,  ^^  repre- 

-I       •         .  SG11lU,110I1» 

to  represent  and  protect  their  interests,  and  to  enact 
their  laws,  was  rigidly  insisted  upon  and  enjoyed  by  all 
the  colonies.  This  right  had  been  already  claimed  as 
a  fundamental  principle  and  was  conceded  in  the  orig- 
inal organization  of  the  proprietary  and  charter  gov- 
ernments ;  while  under  the  provincial  organizations  fre-  Controver- 
quent  controversies  arose  between  the  crown  and  the  !^-^  ^'^*^"* 

■*  _  _  tins  right, 

colonists  as  to  its  nature  and  limitations.     "  Virginia 

was  for  many  years  distracted  under  the  government 

of  presidents  and  governors  with  councils,  in  whose 

nomination  or  removal  the  people  had  no  voice  ;  until 

a  house  of  burgesses  broke  out  in  the  colony,  without 

any  powers  or  directions  from  the  king,  or  the  grand  See  Part  I, 

council   at  home,  permitting  it.      The   governor  and 

assistants  of  Massachusetts  Bay  at  first  intended  to  rule 

the  people,  and  for  awhile  obtained  their  consent  for  it, 

but  this  lasted  only  two  or  threie  years,  and  although 


888  THE  GOVERNMENTAL    HISTORY  OP 

Part  III.  the  thirtkkn  colonies. 

Kight  of  there  was  no  colour  for  it  in  the  charter,  yet  a  house 
ation.  of  deputies  suddenly  appeared  in  1634,  to  the  surprise 
of  the  magistrates,  and  the  disappointment  of  their 
schemes  for  power.  The  colony  of  Connecticut  soon 
followed  the  plan  of  Massachusetts  Bay.  In  the  col- 
See  Part  II.  ony  of  New  Haven,  although  the  people  had  the  high- 
est reverence  for  their  leaders,  and  for  nearly  thirty 
years  submitted  to  their  magistracy  (who,  however,  he 
it  remembered,  were  annually  chosen,)  without  a  jury, 
yet  in  matters  of  legislation  from  the  beginning  they 
would  have  their  share  by  their  representatives.  The 
people  of  the  colony  of  New  Hampshire  continued 
together  under  the  same  form  as  Massachusetts  Bay. 

"Lord  Say -tempted  the  principal  men  of  the  Massa- 
chusetts Bay  company,  to  make  themselves  and  their 
heirs  nobles,  and  absolute  governors  of  a  new  colony, 
but  under  this  plan  they  could  find  no  people  to  follow 
them.     After  the  restoration  of  Charles  II.  there  is  no 
instance  of  a  colony  settled  in  America  without  a  repre- 
Controver-  sentative  assembly  of  the  people ;  nor  any  attempt  to 
sy  about,    (^gp^-iyQ  ^lie  colouics  of  this  privilege  except  in  the 
James  II.    arbitrary  reign  of  James  II."*     The  crown  claimed 
*  Hutchin-  ||^g^j.  ^^as  privilege  of  popular  representation  originated 
not  in  any  inherent  right  in  the  people  to  participate 
in  the  government  of  the  colony,  but  in  its  own  good 
pleasure  and  bounty.     That  even  the  bestowal  of  the 
privilege  under  the  provisions  of  a  charter,  or  a  commis- 
sion from  the  crown,  or  by  parliament,  did  not  deprive 
the  king  of  the  power  to  recall  the  grant,  or  restrain 
Claim  of    its  Gxcrcise.     It  was  claimed,  moreover,  that  the  sover- 
e  crown.  ^.^^^  ^^^^  ^  right,  in  the  exercise  of  his  prerogatives  of 
sovereignty,  to  fix  the  number  of  representatives,  to 
determine  how  and  when  they  should  be  chosen,  when 
and  how  often  they  should  assemble,  and  how  long 
Claim  of    their  sessions  should  continue.     On  the  other  hand  it 
the  colo-  claimed  by  the  colonies  that  from  the  beginning  it 

was  stipulated  that  they  should  be  invested  with  and 
enjoy  "  all  the  liberties,  privileges  and  franchises  of 


mes. 


THE   UNITED   STATES   OP   AMERICA.  389 

THEIR    ORGANIC    SIMILITUDES.  PaRT    III. 

native  born  subjects  of  England,"  and  one  of  these  was,  Right  of 
the  right  of  representation  in  their  general  assemblies  atfj^^^^*' 
by  delegates  chosen  by  the  people  themselves.     This, 
it  was  well  reasoned,   was  in  effect  taken  away  if  a 
power  resided  in  the  crown  to  continue  an  assembly 
without  a  new  election  of  delegates,  under  any  circum- 
stances.    Although  in  its  origin  this  controversy  pre- 
sented itself  in  a  local  aspect,  the  point  at  issue  was 
of  too  serious  a  nature  to  be  regarded  by  the  colonists 
as  of  merely  local  importance.     It  elicited  the  interest 
and  awakened  the  anxieties  of  all.     They  truly  argued 
that  if  such  a  doctrine  were  to  prevail  over  any  portion 
of  the  continent,  or  over  any  one  of  the  colonies,  it 
would  open  the  way  for  a  wider  usurpation  of  sover- 
eignty on  the  part  of  the  crown  ;  and  the  same  arbi- 
trary sway  would  be  in  course  extended  over  all  the  claim  of 
rest.     They  felt  that  the  question  involved  a  vital  prin- *^gg^"l°V 
ciple  of  political  freedom,  and  that  it  would  endanger  listed. 
all  their  liberties  to  give  it  up.     Accordingly  the  sev- 
eral colonial  assemblies  passed  resolutions  in  a  bold, 
manly,  and  decisive  spirit,  insisting  on  this  right,  and 
claiming  it  as  an  established  and  fundamental  element 
in  their  organization  :     So  that  at  the  time  of  our  revo- 
lution there  was  not  one  of  them  without  a  represent- 
ative assembly  of  its  own  choosing. 

3,  The  tenure  by  which  lands  were  Ao/i/ew,  was  also  Tenure  of 
the  same  in  all  of  the  colonies,  and  of  the  most  free  ^^"^^' 
and  liberal  nature,  they  being  "  holden  of  the  crown 
in  free  and  common  soccage,  and  not  in  capites  or  by 
kniglit-service."  They  were  thus  exempted  from  the 
oppressions  and  servitude  which  feudalism  had  intro- 
duced into  the  mother  country.  Being  independent 
on  the  will  of  a  superior  lord,  they  almost  universally 
regarded  themselves  as  sole  owners  and  proprietors  of 
tlie  soil  which  they  occupied  and  cultivated.  The  nec- 
essary result  of  this  system  of  tenure  was,  that  it  pro- 
duced one  uniform  and  simple  mode  of  conveying  and 
transferring  property  in  all  America.     Deeds  and  other 


390  THE    GOVERNMENTAL   HISTORY    OP 

Part  III.  the  tiiikteen  colonies. 

Tenure  of  instruments  of  conveyance  or  transfer,  when  executed, 
lauds.        acknowledged,   and   recorded,  were    considered   fully 
efficient  in  transferring  the  title,  without  any  of  the 
attendant  ceremonies  of  livery  of  seizin,  or  taking  pos- 
session, which  prevailed  in  England.* 
p  ...    ,  4.    In  their  local  municipal  organizations  the  colo- 

Reiatioiis.'  nics  were  distinct  and  independent  of  each  other,  each 
colony  exercising  within  its  own  territorial  limits  all 
the  powers  necessary  for  its  own  internal  regulation, 
while  at  the  same  time  they  were  each  and  all  depend- 
ent upon  the  kingdom  of  Great  Britain,  declared  and 
admitted  to  be  a  part  of  its  dominions.     They  freely 
acknowledged  their  allegiance  to  the  crown,  were  ex- 
*  Black-     eluded  from  all  connection  with  foreign  states,  and,  as 
ry,  Kent. '  dependencies,  they  followed  the  fate,  and  were  willing 
to  follow  and  to  fight  the  fortunes  of  the  parent  coun- 
try.    As  such  also  they  severally  claimed  and  enjoyed 
the  right  of  appeal  to  the  crown  from  the  adjudications 
of   their   respective    colonial   governments,  and  their 
appeals  were  heard  and  determined  by  the  king  in 
council.* 
Their  reii-      5.    The  Holy  Bible  was  receiiied  as  of  divine  inspiror 
mter-^^      /io«,  and  Protestant  Christianity  in  whatever  form  was 
course        recognized  as  an  element  in  the  organization  of  civil 
government  and  civil  society,  which  gave  to  either  and 
insured  to  both,  its  life,  its  efficiency,  its  freedom  and 
its  permanency,  and  was   the  predominant  system  of 
religious  faith  in  all  of  the  colonies.     They  recognized 
the  first  day  of  the  week  as  th(i  Christian  Sabbath  or 
Lord's  Day,  and  generally  observed  it  as  a  day  of  pub- 
lic worship,  and  private  devotion  and  rest,  while  they 
Their  fra-  prohibited  its  desecration  and  disturbance  by  ordinary 
harmoAy    sccular  business,  or  noisy  mirth.     Thus  it  came  to  pass 
and  unity,  j^^^j^  {^v  their  intercourse  and  relations  with  each  other 
they  were  perfectly  amicable,  fraternal,  and  harmonious. 
Each  inhabitant  enjoyed  the  privilege  of  free  ingress  and 
egress  from  one  colony  to  the  other,  and  could  claim 
the  same  rights,  liberty,  and  protection,  in  the  one  as  in 


THE   UNITED    STATES    OF   AMERICA.  391 

AT  THE  TERMINATION  OF  THE  FRENCH  WAR.  PaRT  III. 

the  other.  Like  brethren  of  the  same  family,  sharing 
the  same  henefits,  receiving  the  same  protection  and 
enjoying  the  same  blessings,  under  the  care  and  over- 
sight of  the  same  common  parent,  whom  they  all  loved 
and  venerated,  they  were  One  People, — one  in  origin, 
one  in  language,  one  in  religion,  one  in  dependence, 
one  in  inheritance,  one  in  interest,  one  in  sympathy, 
and  one  in  destiny. 


The  Treaty  of  Peace,  which  was  definitively  signed  at  Close  of 
Fontainbleau,  wherein  France  ceded  to  Great  Britain  JJ'^jg^^y"Jg 
all  of  her  possessions  east  of  the  Mississippi  River,  was  peace  of 
an  important  era  in  the  governmental  history  of  the 
colonies.     It  put  an  end  to  the  French  wars  which  had 
so  much  distracted  the  country,  and  relieved  the  colo- 
nists from  the  agitations  and  embarrassments  so  preva- 
lent during  the  existence  of  that  power  in  America,  and 
which  had  so  materially  disturl^ed  their  tranquillity  and 
impeded  their  prosperity.     Had  England  taken  advan- 
tage of  the  grateful  feelings  awakened  among  them  by 
the  peace  of  17(33,  she  might  have  secured  forever  theirits  effect 
loyalty  and  allegiance.     We  may  be  permitted  to  gx- "J|^"  *^^^"' 
press  our  surprise  at  the  policy  Avhich  she  pursued,  but  with  Eug- 
it  was  not  the  province  nor  was  it  in  the  power  of  human 
ingenuity,  to  uncover  the  mysterious  designs  of  that 
Providence  who  directs  the  allotments  of  men  and  of 
empires.     Already,  as  we  have  seen,  had  been  developed 
and  set  in  operation  in  the  growth  of  the  colonies,  a 
train  of  causes  whose  progressive  influences  must  bring 
about  their  independence.     The  principles  of  civil  and  inherent 
religious  liberty  which  had  grown  to  lie  an  inherent  and  ^''"r^^^t^ 

'^  ....  f^'  ludo- 

vital  part  of  their  constitutional  existence,  were  nowpeudeuce. 
necessarily  brought  into  collision  and  conflict  with  the 
paramount  authority  exercised  over  them  by  the  parent 
state.  The  component  and  essential  elements  of  their 
political  organism  as  well  as  their  political  life,  hitherto, 
were  wholly  antagonistic  to  the  condition  of  political 
dependence.     And  had  it  not  been  the  event  which  how 


S92  THE   GOVERNMENTAL   HISTORY   OP 

PaKT    III.  ORIGIN    AND    C4CSES    OF    THE    REVOLUTION. 

gave  origin  to  the  controversy  which  brought  about  the 
revolution,  the  severance  of  their  allegiance  to  the 
mother  country  would  just  as  surely  have  followed  upon 
some  other  exigency.  It  was  a  foregone  conclusion  in 
the  decrees  of  the  Omniscient,  that  this  great  continent 
of  North  America,  with  all  its  vast  resources  of  abun- 
dance and  happiness  to  our  race,  must  become  the  abode 
of  a  great  nation — the  home  of  free  principles — the 
sanctuary  of  true  religion, — the  refuge  of  the  oppressed 
— the  hope  of  mankind — nor  could  any  human  fore- 
thought or  sagacity  stay  the  tendencies  to  this  result. 
It  was  foreseen  by  the  sagacious  Count  de  Vergennes 
when  he  remarked  upon  the  conclusion  of  the  treaty, 
— "they  will  no  longer  need  the  protection  of  England, 
she  will  call  upon  them  to  contribute  toward  supporting 
the  burdens  they  have  helped  to  bring  on  her,  and  they 
WaSi  ^^^^  answer  by  striking  off  their  dependence."*  And 
ton.  so  it  was. 

Peace  was  proclaimed,  but  to  accomplish  it  had 
thrown  a  heavy  burden  of  debt  upon  England,  while  to 
preserve  it,  it  was  supposed,  would  require  a  large 
increase  of  her  military  establishment.  Finding  her 
own  resources  insufficient  to  sustain  this  weight  of  debt, 
and  to  supply  this  increase  of  expenditure,  it  was  re- 
solved that  it  was  "just  and  necessary  that  a  revenue 
should  be  raised  in  America."  Accordingly,  in  the 
spring  of  1764,  Sir  George  Granville,  then  Chancellor 
of  the  Exchequer,  introduced  and  carried  through  par- 
liament an  act  which  recited  that, — 

"  Whereas  it  is  just  and  necessary  that  a  revenue  be 

raised  in  America  for  defraying  the  expenses  of  defend- 

Thereve-  ing,  securing,  and  protecting  the  same.  We,  the  House 

or  prrii^'  of  Commons,  &c.,  towards  raising  the  same,  give  and 

nientary     gfant  uuto  your  Majesty  the  sum  of  £ — ."     Here  fol- 

^a^xa  ion,    ^^^^^  ^  specification  of  duties  and  imposts  to  be  levied 

in  the  colonies  on  West  India  goods,  French  and  East 

India  produce,  and  various  foreign  articles  of  luxury — 

"  the  monies  arising  therefrom  to  be  paid  into  the  re- 


THE   UNITED    STATES   OF   AMEEICA.  393 

THE    RETENUE    STSTEM    OP    TAXATION.  PaRT    III. 

ceipt  of  his  majesty's  exchequer,  to  be  entered  separate,  Pariiamen- 
and  reserved  to  be  disposed  of  by  parliament  towards  ^^^J^  ^^^64 
defraying  the  necessary  expenses  of  defending,  protect- 
ing, and  securing  America." 

In  defining  tlieir  relations  with  the  mother  country  How  re- 
the  several  colonies  had  early  taken  a  distinction  between  America, 
the  ordinances  of  the  crown  and  the  enactments  of  par- 
liament. Tliey  admitted  that  they  were  bound  to  ren- 
der all  due  allegiance  to  the  former,  while  they  denied 
the  supremacy  of  the  latter.  They  insisted  that  in 
tliemselves  they  possessed  all  legislative  powers,  and 
were  not  bonnd  by  any  enactments  in  which  their  own. 
representatives  had  had  no  voice,  or  to  which  they  had 
not  given  their  assent,  and  they  had  always  complained 
of  all  such  acts  as  grievances.  At  times,  however,  the 
decisions  of  their  judiciary  had  compelled  them  to 
relinquish  this  position  so  far  as  to  acquiesce  in  the 
power  of  parliament  to  pass  such  acts  as  were  made  to 
promote  their  general  welfare,  or  to  regulate  their  com- 
merce, or  to  establish  their  relations  with  the  mother 
country  and  their  intercourse  with  foreign  nations. 
And  they  had  even  gone  so  far  as  to  assent  to  the  impo- 
sition of  duties  which  were  laid  for  these  purposes. 
But  still  they  had  always  stoutly  insisted  that  parlia- 
ment had  no  right  whatever  to  give  away  their  property, 
or  to  levy  any  internal  tax,  without  their  assent.*  It  *  Marshall, 
was  not  that  they  were  unwilling,  in  their  own  way,  Kent^'  etc. 
and  by  the  action  of  their  own  assemblies,  to  contribute  ^^^  ^^ 

\  .  .        '  ante,  Parts 

their  just  proportion  towards  defraying  any  expenses  i.  aud  II. 

incurred  expressly  for  their  benefit.  But  that  the 
House  of  Commons,  in  which  they  were  not  represent 
ed,  should  take  to  itself  the  prerogative  to  give  and  grant 
their  property  ivithout  their  consent,  was  what  roused 
their  opposition  to  the  measure. 

They  were  always  particularly  sensitive  on  this  sub- 
ject of  taxation  for  the  mere  purpose  of  increasing  the 
revenues  of  the  crown.  The  experiment  was  proposed 
under  the  ministration  of  Sir  Robert  Walpole,  and  he 


394  THE   GOVERNMENTAL    HISTORY   OP 


Part  III.  origin  and  causes  of  the  revolution. 


Parliamen- declared  ill  opposition  to  the  proposal,  that — "it  must 

tfirv  ttiXti-    1  X       X  / 

tion,  1764.  ^^  ^  bolder  man  than  himself,  and  one  less  friendly  to 
commerce,  who  should  venture  on  such  an  expedient."* 
As  early  as  the  year  1692,  the  general  court  of  Massa- 
chusetts Bay  passed  an  act  wherein  they  denied  the  ex- 
Opposition  istence  of  any  right  in  parliament  to  impose  any  tax 
colonies     Upon  them.     Subsequently  to  this  the  general  assembly 
generally,  of  New  York  passed  a  similar  resolution,  wherein  the 
.  supremacy  of  parliament  was  denied,  not  merely  on  the 
point  of  taxation,  but  with  regard  to  legislation  gen- 
f  Story,      orally. f     In  the  years  1760-61,  attempts  were  made  to 
collect  duties  on  sugars  and   molasses  imported   into 
Boston,  and  ivrits  of  assistance  were  issued  to  the  cus- 
tom house  officers  to  aid  them  in  enforcing  their  collec- 
tion.    But  the  execution  of  these  writs  was  opposed  by 
the  merchants  and  tha  people,  and  their  opposition  to 
them  was  so  eloquently  defended  by  James  Otis,  that 
John  Adams  subsequently  alluding  to  that  contest  as 
the  first  scene  of  opposition  to  the  arbitrary  claims  of 
Great  Britain,  declared  that  "then  and  there  American 
independence  was  born." 
Blindness       Deluded   by   the    specious   pretext  of  meeting  the 

of  the  min-  .  ^    -,       ,  ,       -A  i  n         i        i 

istry.  expenses  nicurred  durmg  the  French  war  for  the  ben- 
efit of  the  colonies,  and  of  providing  for  their  future 
protection  and  defence,  the  ministry  seemed  to  have 
overlooked  entirely  the  vast  interest  of  Great  Britain 
in  securing  and  maintaining  them  in  their  allegiance 
to  her  sovereignty.  Otherwise  it  seems  incredible  that 
they  should  not  have  seen  how  much  more  easy  it  was 
to  accomplish  their  object  by  encouraging  their  trade 
to  the  utmost,  one-half  of  the  profits  of  which  would 
be  sure  to  flow  into  the  royal  exchequer  through  the 
increased  demand  for  British  manufactures.  This, 
*ilrving's ^s  Sir  Robert  Walpole  had  said,  "  would  be  taxing  them 
Washing-   agreeably  to  their  own  constitution  and  laws."* 

The  colonies  also  spurned  the  idea  of  a  fostering 
care  over  them  in  parliament,  even  had  they  felt  that 
they  needed  its  protection.     It  seemed  to  be  exercised 


THE   UNITED    STATES  OF  AMERICA.  395 

THE    REVENUE    SYSTEM    OF    TAXATION.  PaRT    III. 

only   to  deprive   them  of  their  liberties,  and  assumed  Pariia- 
too  much  the  attitude  and  the  character  of  a  hostile  "'*^"'?^y 

taxation, 

exaction.      Their    general    voice   was — "if  a  British  i764. 
parliament  in  which  we  are  unrepresented,  and  over  Voice  of 
which  we  have  no  control,  can  take  from  us  any  part  l^^^^^  °' 
of  our  property,  by  direct  taxation,  they  may  take  so 
much  as  they  please,  and  we  have  no  security  for  any- 
thing that  remains,  but  a  forbearance  on  their  part, 
less  likely  to  be  exercised  in  our  favor,  inasmuch  as 
they  lighten  themselves  of  the  burdens  of  government  *  gtory 
in  the  same  proportion  that  they  impose  them  upon  ^^i"*^'-''"' 
us."* 

Until  this  period  in  their  history,  no  act  had  been  Xoveltj 
passed  by  parliament  for  the  distinct  and  avowed  pur-  "ueLure. 
pose  of  raising  a  revenue  in  America.  All  its  previous 
acts  related  to  the  establishment  and  regulation  of  their 
commerce,  from  which  source  alone  their  contributions 
to  the  support  of  the  empire  of  Great  Britain  were 
sought  to  be  derived.  The  causes  which  under  other 
circumstances  operated  to  produce  their  acquiescence 
in  the  superintending  care  which  had  been  thus  exer- 
cised by  the  home  government,  which  was  mainly 
embodied  in  the  restrictions  which  were  imposed  by 
the  acts  of  navigation,  are  very  vividly  portrayed  in  a 
speech  delivered  in  the  House  of  Commons  at  this 
time,  and  on  this  very  question,  by  Sir  Edmund 
Burke. 

"The  colonies,"  he  says,  "have  submitted  hitherto  Speech  of 
to  these  infringements  of  their  liberties  because  men^"'^?' 
do  bear  the  inevitable  constitution  of  their  nature  with  Burke 
all  its  infirmities.     The  Act  of   Navigation  attended  ^°^^^  '  * 
the  colonies  from  their  infancy,  grew  with  their  growth 
and  strengthened  with  their  strength.     They  were  con- 
firmed in  their  obedience  to  it  even  more  by  usage 
than  by  law.     They  scarcely  had  remembered  a  time 
when  they  were  not  subject  to  its  restraints.     Besides, 
they  were  indemnified  for  it  by  a  pecuniary  compensa- 
tion.    Their  monopolist  happened  to  be  one  of  the 


396 


THE   GOVERNMENTAL    HISTORY   OP 


Pakt  III. 


ORIGIN    AND    CAUSES    OF    THE    RETOLUTION. 


Parlia- 
mentary 
taxation, 
1764. 


Speech  of 
Sir  Ed- 
mund 
Burke 
against  it. 


*  Burke's 
Works. 


richest  men  in  the  world.  By  his  immense  capital — 
primarily  employed  not  for  their  benefit  but  his  own — 
they  were  enabled  to  proceed  with  their  fisheries,  their 
agriculture,  their  ship-building,  and  their  trade,  too,  in 
the  limits,  in  such  a  manner  as  got  far  the  start  of  the 
slow  and  languid  operations  of  unassisted  nature. 
This  capital  was  a  hot-bed  to  them.  Nothing  in  the 
history  of  mankind  is  equal  to  their  progress.  For 
my  part,  I  never  cast  an  eye  on  their  flourishing  com- 
merce, and  their  cultivated  and  commodious  life,  but 
they  seem  to  me  rather  ancient  nations  grown  to  per- 
fection through  a  long  series  of  fortunate  events,  and 
a  train  of  successful  industry,  accumulating  wealth  in 
many  centuries,  than  the  colonies  of  yesterday ;  than 
a  set  of  miserable  outcasts  a  few  years  ago,  not  so 
mucli  sent  as  thrust  out  on  the  bleak  and  barren  shore 
of  a  desolate  wilderness,  three  thousand  miles  from  all 
civilized  intercourse.  All  this  was  done  by  England, 
while  England  pursued  trade  and  forgot  revenue.  You 
not  only  acquired  commerce,  but  you  actually  created 
the  very  objects  of  trade  in  America;  and  by  that 
creation  you  raised  the  trade  of  this  kingdom  at  least 
four-fold.  America  had  the  compensation  of  your 
capital,  which  made  her  bear  her  servitude.  She  had 
another  compensation  which  you  are  now  going  to  take 
away  from  her-  She  had — except  the  commercial 
restraint — every  characteristic  mark  of  a  free  people 
in  all  her  internal  concerns.  She  had  the  image  of 
the  British  constitution,  she  had  the  substance.  She 
was  taxed  by  her  own  representatives  ;  she  chose  her 
own  magistrates  ;  she  paid  them  all.  She  had  in  effect 
the  sole  disposal  of  her  own  internal  government. 
This  whole  estate  of  commercial  servitude  and  civil 
liberty,  taken  together,  is  certainly  not  freedom ;  but 
comparing  it  with  the  ordinary  circumstances  of  human 
nature,  it  is  a  happy  and  a  liberal  condition."* 

This  speech  not  only  points  out  the  causes  of  the 
submission  of  the  colonies  to  the  legislative  authority 


THE   UNITED    STATES   OP  AMERICA.  397 

THE    UEVENUE    SYSTEM    OF    TAXATION.  PaET    III. 

hitherto  exercised  over  them  by  the  mother  country,  Pariia- 
but  it  also  discloses  those  which  now  inspired  their  ["^"^?^"^ 
resistance.     As  I  have  ah^eady  observed,  until  now  no  I'^'S'i. 
act  had  been  passed  by  parliament  for  the  avowed  pur- 
pose  of   raising   a   revenue   in   America.     The   word 
revenue  had  not  been  even  used  in  any  previous  acts, 
which  ran  through  a    period  of  about  one    hundred 
years.*     It  was  avoided  in  all  laws  respecting  them,  *  From 
which  always  had  reference  more  particularly  to  com-  i^^^l  ^^ 
merce  and  not  to  revenue ;  and  while  these  conduced 
to  the  mutual  advantage  of  the  colonies  and  the  crown, 
they  submitted  to  the  principle  of  commercial  monop- 
oly thus  exercised  by  the  parent  government. 

But  the  revenue  system,  of  which  this  was  the  com-  Tiie  prin- 
mencement,  involved  the  introduction  of  a  new,  an  solved!' 
altogether  different,  a  more  oppressive  and  an  offensive 
policy.  It  was  an  innovation  which  aimed  a  fearful 
blow  at  their  dearest  and  most  sacred  rights.  It  was 
utterly  at  war  with  what  tliey  had  learned  to  regard 
and  cherish  as  the  very  spirit  and  essence  of  civil  lib- 
erty, and  a  fundamental  mrfxim  of  political  economy. 
They  had  grown  up  with  the  persuasion  and  in  the 
belief,  that  their  own  representative  assemblies  were  to 
them  what  the  House  of  Commons  was  to  the  people 
of  England,  and  that  taxation  and  representation  were 
concomitant  and  inseparable  qualities  in  a  free  govern- 
ment. 

But,  while  the  principle  involved   in  the  revenue  Mode  of 

its  ODiorpP" 

policy  roused  the  opposition  of  the  colonies,  the  man-ment. 
ner  in  which  its  provisions  were  sought  to  be  enforced 
excited  their  bitter  indignation  and  resentment. 
Men-of-war  were,  for  the  first  time  in  the  history  of 
commerce,  armed  with  the  regular  commissions  of  cus- 
tom-house officers  ;  with  these  they  invested  the  coasts, 
and  gave  to  the  collection  of  the  revenue  the  air  of  a 
hostile  contribution.  They  fell  so  indiscriminately  on 
all  sorts  of  contraband,  or  supposed  contraband  arti- 
cles, that  some  of  the  most  valuable  branches  of  trade 


398 


THE   GOVERNMENTAL   HISTORY   OF 


Fart  III. 


ORIGIN    AND    CAUSES    OF    THE    REVOLUTION. 


Parlia- 
mentary 
taxation, 
1764. 

*  Burke. 


Trial  of 
delin- 
quents. 


*Bissett. 


were  driven  violently  from  their  ports,  which  caused  an 
universal  consternation  throughout  the  colonies.*  Be- 
sides this,  jurisdiction  over  delinquents  or  supposed 
offenders,  was  confined  to  a  court  of  admiralty  in  Eng- 
land. On  mere  accusation  or  even  suspicion,  parties 
were  arrested,  and  without  any  preliminary  examina- 
tion or  hearing,  were  transported  over  an  ocean  of 
three  thousand  miles  in  extent,  separated  from  their 
kindred  and  country,  deprived  of  the  opportunity  of 
carrying  on  their  legitimate  business  by  which  their 
families  were  supported,  and  subject  to  the  trouble  and 
expense  of  procuring  the  attendance  in  England  of  wit- 
nesses on  their  behalf,  or  else  were  convicted  and  con- 
demned without  the  benefit  of  their  testimony.*  Thus 
they  were  deprived  of  one  of  the  first  rights  of  English- 
men, trial  by  a  jury  of  their  own  countrymen  in  their 
own  vicinage.  Nor  was  this  the  only  or  full  extent  of 
the  evil :  the  admiralty  judge,  receiving  his  appoint- 
ment from,  and  holding  his  office  during  the  good 
pleasure  of  the  crown,  and  withal  deriving  his  com- 
pensation out  of  the  penalties  and  forfeitures  arising 
under  his  jurisdiction,  could  hardly  be  supposed  to 
admihister  judgment  with  an  impartial  hand. 

Such  was  the  character  and  such  the  operation  of 
parliamentary  taxation  in  America  at  the  close  of  the 
Its  effect    year  1764.     The  press,  that  engine  of  freedom,  more 
inthecolo-pQ^gj,f^^l  and  formidable  than  the  battering-ram  of  the 
ancients,  in  every  variety   and   form  of   publication, 
teemed  with  appeals  to  the  people  of  both  countries, 
protesting  against  this  arbitrary  exercise  of  kingly  pre- 
rogatives and  parliamentary  authority.     The  merchants 
resolved  not  to  import,  and  the  people  not  to  consume, 
or   use,   beyond   the   limit   of    actual    necessity,   any 
articles  of  British  production  or  British  manufiicture. 
f  1  Irving's  So  that  "  in  Boston  alone  the  demand  for  such  goods 
Washing-   ^^^  lessened  upwards  of  £10,000,  during  the  year."t 
Such  evident  tokens  of  dissatisfaction  we  might  nat- 
urally enough  suppose  would  not  pass  unheeded  by  the 


THE   UNITED    STATES   OF   AMERICA.  399 

THE    REVENUE    SYSTEM    OF    TAXATION.  1'aRT    HI. 

ministry  of  Great  Britain.     Instead,  however,  of  taking  Pariia- 
the  alarm,  and  adopting  more  cautionary  measures,  or  l!JxaUon. 
a  more  constitutional  mode  of  accomplishing  the  object 
in  view,  it  was  still  deliberately  insisted  that  it  was 
right  and  just  to  raise  a  revenue  in  America  by  parlia- 
mentary taxation.     In  pursuance  of  this  policy  a  bill  Bill  for 

.  ,..  ,  iiTj/^  stamp  du- 

for  laymg  stamp  duties  was  introduced  by  Lord  ueorge  ties,Marcb, 
Grenville,  then  at  the    head  of    the  government,  in^'^^^- 
March,  1765. 

This  bill  became  generally  characterized  as  the  Stamp 
Act.  It  provided  that  instruments  in  writing,  which 
were  used  in  all  business  and  commercial  transac- 
tions, all  legal  documents,  promissory  notes,  deeds,  Provisioift 
commercial  papers,  official  certificates,  contracts,  con- °^  *^^ 
veyances,  etc.,  should  be  null  and  void  in  the  colonies 
unless  they  were  executed  on  stamped  paper  or  parch- 
ment ;  which  paper  or  parchment  was  impressed  with 
the  stamp  of  the  home  government,  and  charged  with 
a  duty  imposed  by  parliament.  The  payment  of  the 
duty  fell  upon  any  person  who  purchased  the  paper  for 
ordinary  or  necessary  uses.  It  operated  in  fact  as  a 
direct  personal  tax  upon  almost  every  inhabitant  of  the 
colonies.  The  introduction  of  the  bill  drew  forth  in 
defence  of  the  position  taken  by  them,  or  rather  ivt 
opposition  to  the  violations  of  constitutional  liberty 
contained  ift  its  provisions,  some  of  the  ablest  exposi- 
tions of  the  true  elements  of  civil  liberty  which  were 
ever  made  in  the  halls  of  the  British  parliament. 

Mr.  Charles  Townshend,  one  of  the  advocates  of  the  Speech  of 
measure,  in  the  conclusion  of  a  speech  in  support  of  xo^n-^^^^ 
it,  said — "and  now  will    these  Americans,    children ^^^^^' ^" 
planted  by  our  care,  nourished  by  our  indulgence,  till  the  act. 
they  are  grown  to  a  degree  of  strength  and  opulence  ; 
and  protected  by  our  arms,  will  they  grudge  to  con- 
tribute their  mite  to  relieve  us  from  the  heavy  weight 
of  that  burden  which  we  lie  under?" 

Col.  Barre  of   the    opposition,  who  had  served  in  Col.  Barre 
America  during  the  French  war,  replied — "  Tliey plant-^^'  ^'^^^^' 


400  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.  origin  and  causes  of  the   revolution. 

Pariia-       ed  by  your  care  ?  no,  your  oppression  planted  them  in 
taxation.    -^iT^^ci'ica.     They  fled  from  tyranny  to  a  then  unculti- 
vated and  inhospitable  country,  where  they  exposed 
themselves  to  almost  all  the  hardships  to  which  human 
nature  is  liable,  and  among  others  to  the  cruelties  of  a 
savage  foe,  the  most  subtle,  and  I  will  take  vipon  me 
to  say,  the  most  formidable  of  any  people  on  the  face 
of  the  earth.     And  yet,  actuated  by  principles  of  true 
English  liberty,  they  met  all  hardships  with  pleasure, 
compared  with  those   they  suffered  in  their  own  coun- 
try from  the  hands  of  those  who  should  have  been 
their  friends.     They  nourished  by  your   indulgence  ? 
The  Stamp  They  grew  up  by  your  neglect  of  them :     As  soon  as  you 
Act,  i76o.  |3ggr^i^  iQ  care  about  them,  that  care  was  exercised  in 
Col.  Bane,  sending  persons  to  rule  them  in  one  department  and 
another,  who  were  perhaps  the  deputies  of  deputies  to 
some  members  of  this  house,  sent  to  spy  out  their  lib- 
erties, to  misrepresent  their  actions,  and  to  prey  upon 
them ;  men  whose  behavior,  on  many  occasions,  has 
'  caused  the  blood  of  these  sons  of   liberty  to  recoil 
within  them;  men  promoted  to  the  highest  seats  of  jus- 
tice, some  who,  to  my  knowledge,  were  glad,  by  going  to  a 
foreign  country,  to  escape  being  brought  to  the  bar  of 
the  court  of  justice  in  their  own.     They  protected  by  your 
arms  ?     They  have  nobly  taken  up  arms  in  your  defence, 
have  exerted  a  surprising  valour,  amidst  their  constant 
and  laborious  industry,  for  the  defence  of  a  country 
whose  frontier  was  drenched  in  blood,  while  its  interior 
part  yielded  its   little    savings    to    your  emolument: 
And  believe  me ;  remember  I  this  day  told  you  so ; 
that  same  spirit  of  freedom  which  actuated  that  people 
at  first  will  accompany  them  still.     But  prudence  forbids 
me  to  explain  myself  further.     God  knows,  I  do  not  at 
this  time  speak  from  any'  motives  of  party  heat.     What 
I  deliver  are   the   genuine    sentiments   of  my  heart. 
However  superior  to  me  in  general  knowledge  and 
experience  the  respectable  body  of  this  house  may  be, 
yet  I  claim  to  know  more  of  America  than  most  of 


THE   UNITED    STATES   OF   AMERICA.  401 

THE    REVENUE    SYSTEM    OF    TAXATION.  PaRT    III. 

you,  having'  seen  and  been  conversant  in  that  country,  rariia- 
Tho  people,  I  believe,  are  as  truly  loyal  as  any  sub- [^^^Jj'jy 
jects  the  king  has,  but  a  people  jealous  of  their  liber- 
ties, and  who  will  vindicate  them  if  ever  they  should 
be  violated — but  the  subject  is  too  delicate  ;  I  will  say 
no  more." 

Sir  Edmund  Burke,  on  the  part  of  the  opposition  to 
the  bill,  rose  and  said — "  The  a-reat  contests  for  free-  ^P^Sf^  °^ 

'  ^  _  bir  Ed- 

dom  in  England  were  from  the  earliest  times  chiefly  jmmd 
upon  the  question  of  taxing.  On  this  point  of  ^^^cs^^^'^^g^^^ 
the  ablest  pens  and  most  eloquent  tongues  have  been  Act,  1765. 
exercised ;  the  greatest  spirits  have  acted  and  suffered. 
In  order  to  give  the  fullest  satisfaction  concerning  the 
importance  of  this  point,  it  was  not  only  necessary  fqr 
those  who  in  argument  defended  the  excellence  of  the 
English  constitution  to  insist  on  this  privilege  of  grant- 
ing money  as  a  dry  point  of  fact,  and  to  prove  that  the 
riglit  had  been  acknowledged  in  ancient  parchments 
and  blind  usages  to  reside  in  a  certain  body  called  a 
House  of  Commons.  They  went  further ;  they  at- 
tempted to  prove,  and  they  succeeded,  that  in  theory 
"it  ought  to  be  so,  from  the  very  nature  of  a  House  of 
Commons  as  an  immediate  representation  of  the  people , 
whether  the  old  records  delivered  this  oracle  or  not. 
They  took  infinite  pains  to  inculcate,  as  a  fundamental 
principle,  that  in  ail  monarchies  the  people  must  iu 
effect  themselves,  mediately  or  immediately,  possess  the 
power  of  granting  their  own  money,  or  no  shadow  of 
liberty  could  subsist.  The  colonies  draw  from  you,  as 
with  their  life  blood,  these  ideas  and  principles.  Their 
love  of  liberty  as  with  you,  is  fixed  and  attached  on 
this  specific  point  of  taxing.  Liberty  might  be  safe  or 
might  be  endangered  in  twenty  other  particulars,  with- 
out their  bchig  much  pleased  or  alarmed.  Here  they 
felt  its  pulse,  and  as  they  found  that  beat  they  thought 
tliemsclves  sick  or  sound.  And  your  mode  of  govern- 
ing them,  whether  through  lenity  or  indolence,  through 
26 


402  THE  GOVERNMENTAL    HISTORY  OP 

Part  III.  origin  and  causes  of  the  rkvolution. 

Pariia-       wisclom  or  mistake,  confirmed  tliem  in  the  imagination 

uxaS.    ^^^^^  ^^^'^y  ^^  ^^^^^  ^^  y^^  ^^^^  ^^  interest  iu  these  com- 
mon principles." 
Taxation        Charles  I.  attempted,  during  his  reign,  to  levy  ship- 
Charles  I.  money  and  other  taxes,  without  the  intervention  of  par- 
and  James  liament,  and  the  attempt  was  resisted  as  an  infringe- 
ment of  the  liberties  of  the  people,  as  well  as  a  violent 
invasion  of  the  rights  secured  to  them  by  the  English 
constitution.     It  involved  him  in  a  passionate  contro- 
versy with  his  subjects  which  terminated  in  bringing 
his  neck  to  the  block.     James  II.  undertook  to  exer- 
cise a  similar  policy,  but,  as  we  have  seen,  it  resulted 
in  his  expulsion  from  the  throne  and  a  transfer  of  his 
crown  to  William  and  Mary,  the  prince  and  princess  of 
Orange. 
Develop-        These  were  some  of  the  phases  in  which  the  political 
the  revolu-  elements  of   freedom  embraced  in    the  protestantism 
tion  of       of  the  puritans  were  developed.     And  accordingly  as 
they  reached  a  more  distinct  and   tangible  form,  the 
religious  aspect  of  the  controversy  died  away,  and  in 
its  place  arose  those  more  disastrous  conflicts  between 
the  political  liberties  claimed  by  the  people  on  the  one 
side,  and   the    assumed     prerogatives   of    the    crown 
on  the  other;  which  ended  only  in  the  establishment 
of  those  fundamental  principles  of  civil  liberty  which 
were  the  basis  of  the  English  constitution,  and  which 
declare — ^^that  it  was    the    undoubted    right  of  Eng- 
lish  subjects,  being  freemen  or    free-holders,  to  give 
their   property  only  by  their  own  consent, — that   the 
Principles  Housc  of  Commous  cxcrcised  the  sole  right  of  granting 
cstaWished  the  moncy  of  the  people  of  England  because  that  House 

by  the  ^a^'-  alone  represented  them  :  that  the  taxes  were  the  free  gift 
olution  of  ,     .  1  1       •.        r  J.1 

1688.         of  the  people  to  their  rulers:  that  the  authority  oi  tne 

sovereign  was  to  be  exercised  only  for  the  good  of  his 

subjects — that  it  was  the  right  of  the  subjects,  of  the 

people,  peaceably  to  meet  together  and  consider  their 

grievances,  and  to  petition  for  a  redress  of  them;  and 

if  intolerable  grievances  were  unredressed,  it"  petitions 


THE  UNITED    STATES   OP   AMERICA.    -  403 

THE    REVENUE    SYSTEM    OF    TAXATION.  PaRT    III. 

and  remonstrances  failed  to  produce  relief,  they  had  the  Pariia 
right  to  seek  it  by  forcible  means,  by  revolution.  taxation. 

While  the  struggles  which  resulted  in  the  establish- 
ment of  these  principles  were  going  forward  in  the 
parent  state,  the  colonies  were  forming  in  America. 
They  had  imbibed,  and  incorporated  into  their  own 
organizations,  all  these  notions  of  liberty.  The  idea 
therefore  of  their  submitting  to  such  an  infringement 
of  their  constitutional  rights  as  was  now  proposed,  it 
seems  could  hardly  have  been  seriously  entertained  by 
the  advocates  of  the  measure.  "It  must  have  been 
supposed,"  says  governor  Bernard  of  Massachusetts  Opinion  of 
Bay,  "that  such  an  innovation,  as  a  parliamentary  tax- Bemard. 
ation,  would  cause  great  alarm,  and  meet  with  much 
opposition  in  most  parts  of  America.  It  was  quite  new 
to  the  people  and  had  no  visible  bounds  to  it."*  botham. 

Dr.  Franklin  was  in  Boston  when  governor  Shirley 
communicated  to  him  the  profound   secret,  the  great 
design  then  entertained,  of  taxing  the  colonies  by  act 
of  parliament.    In  remarking  upon  the  proposed  scheme.  Opinion  of 
Dr.  Franklin  denied  the  right  of  parliament  to  impose  jj^'  jf/^nti- 
any  tax,  or  to  compel  the  colonies  to  pay  money  for  cipation  of 
their  own  defence,  without   their  consent.      He  then 
declared   that   all   America   would   deny   it,  insisting 
at  the  same, time,  "if  parliament  is  to  tax  the  colonies, 
their  assemblies  of  representatives  may  be  dismissed  as 
useless ;  that  taxing  the  colonies  by  parliament  for  their 
own  defence  against  the  French,  would  not  be  more 
just,  than  it  would  be  to  oblige  the  cinque-ports,  and 
other  parts  of  Great  Britain,  to  maintain  a  force  against 
France,  and  tax  them  for  this  purpose,  without  allow- 
ing them  representatives  in  parliament;  that  the  colo- 
nies have,  at  the  hazard  of  their  lives  and  fortunes,  ex- 
tended the  dominions  and  increased  the  commerce  and 
riches  of  the  mother  country;  that  therefore  the  colo-^„    -.. 
nists  did  not  deserve'  to  be  deprived  of  the  native  right  of  Joha 
of  Britons,  the  right  of  being  taxed  only  by  representor  >^o1^i^? 
tives  chosen  by  themselves"* 


404  THE   GOVERNMENTAL   HISTORY    OF 

PaUT    III.  ORIGIN    AND    CAUSES    OF    THE    REVOLUTION. 

Pariia-  "We  liacl  Considered  ourselves,"  says  John  Adams, 

taxation.    "  ^^  Connected  with  Great  Britain,  but  we  never  thought 
Opiuion  of  parliament  the  supreme  legislature  over  us.     We  never 
tmT  ^*^    generally  supposed  it  to  have  any  authority  over  us,  but 
from  jiecessity,  and  that  necessity  we  thought  confined 
to  the  regulation  of  trade,  and  to  such  matters  as  con- 
cerned all  the  colonies  together.      We  never  allowed 
Duties  on   them  any  authority  in  our  internal  concerns.     Duties 
*uif  ""'trd'^  for  regulating  trade  we  paid,  because  we  thought  it  just 
to.  and  necessary  that  they  should  regulate  the  trade  "Which 

their  power  protected.      As  for  duties  for  a  revenue^ 
none  were  ever  laid   by  parliament  for  that   purpose 
until  1764,  when,  and  ever  since,  its  authority  to  do  it, 
*Life  of    has  been  constantly  denied."*     In  the  same  year  Mr. 
John  Ad-    Q|-jg   -j^  ij^jg  j^io-hts  of  the  Colonies,  showed  conclusively 

anis,  vol.  7  o  7    ^  ./ 

iv.  that  it  was  inconsistent  with  the  right  of  British  sub- 

jects that  they  should  be  taxed  but  by  their  own  repre- 
sentatives. And  now,  while  the  Stamp  Act  was  yet 
pending  in  parliament,  petitions  against  the  measure 
were  sent  to  the  king,  and  remonstrances  were  ad- 
dressed to  parliament,  by  the  several  colonial  assem- 
blies, through  the  medium  of  the  Board  of  Trade  in 
London.  These  papers  were  committed  to  the  agency 
of  Dr.  Franklin  and  others  who  added  their  personal 
protest  against  the  measure.  But  they  .;ivere  ungra- 
ciously received,  the  mad  policy  was  persisted  in,  the 
Passage  of  Stamp  Act  was  passed,  and  every  variety  of  stamped 
«ie^  Stamp  pr^pQj.  designated  by  it  was  transported  in  large  quanti- 
ties to  America,  to  be  placed  in  the  hands  of  British 
agents  to  be  sold. 

The  publication  of  the  act  in  the  colonies  produced 

the  greatest  excitement.     And  it  is  a  singular  fact  in 

the  history  of  the  controversy  it  originated,  that  the 

Demon-      first  demonstration  of  opposition  to  its  provisions  should 

stratious    |         emanated  from  Virginia,  the  most  royal,  and  per- 

against  it  o  '  n  • 

ill  Virginia.  lia])s,  too,  the  most  truly  loyal  colony  in  all  America. 

See  Part  I.  Yet  if  wc  refer  back  to  her  early  experience  we  will 

hnd  that  whatever  her  attachments  to  the  mother  coun- 


THE   UNITED    STATES   OP   AMERICA.  405 

THE    REVENUE    SYSTEM    OP    TAXATION.  I'aRT    III. 

trv  Yirfifinia   was   always   peculiarly  tenacious  of  the  The  stamp 
authority  of  her  general  assembly,  and  extremely  sen- 
sitive on  this  very  point  of  taxing.     It  now  so  happened, 
and  we  may  well  believe  it  was  not  a  mere  chance  co- 
incidence, that   her   general  assembly  was  in   session 
when  the  passage  of  the  Stamp  Act  was  announced  on 
this  side  of  the  Atlantic,  and  on  the  twenty-ninth  day  Its  recep- 
of  May  the  discussion  of  it  was  commenced.     Among  viro-ima. 
the  burgesses  sat  the  afterwards  eminent  patriot,  Pat- 
rick Henry,  then  a  young  man,  who  had  recently  dis- 
tinguished himself  as  a  lawyer  in  arguing  a  case  which, 
on  his  side,  involved  opposition  to  the  exercise  of  the 
prerogatives  of  the  crown  in  church  matters.     He  was 
now  for  the  first  time  returned  as  a  member  of  the 
assembly.     He  had  studied  the  old  records  of  the  colo-  Patrick 
ny,  and  imbibed  from  them  the  true  spirit  of  liberty    *^"'^^* 
with  which  they  were  rife.     Above  many  of  his  time, 
and  of  his  years,  he  had  watched  the  developments  of 
protectant  freedom,  both  In  the  old  world  and  the  new, 
and  with  prophetic  confidence  had  cherished  the  con- 
viction that  a  higher  emancipation  from  the  restraints 
of  arbitrary  and  oppressive    kingly  prerogatives,  and 
parliamentary  authority,  was  in  store  for  his  country 
and  for  mankind.     Rising  in  the  midst  of  the  discus- 
sion, all  eyes  were  at  once  directed  towards  him,  and  all 
ears  gave  wrapt  attention  as  he  proposed  and  read  the 
following  preamble  and  resolutions: 

"Whereas,  The  Honorable  the  House  of  Commons  Virginia 
in  England,  has  of  late  drawn  into  question  how  far  the  l^^^^' 
general  assembly  of  this  colony  hath  power  to  enact 
laws  for  laying  taxes  and  imposing  duties,  payable  by 
the  people  of  this  his  majesty's  most  ancient  colony, 
for  settling  and  ascertaining  the  same  to  all  future 
times,  the  House  of  Burgesses  of  the  present  general 
assembly  have  come  to  the  several  following  resolu- 
tions: 

"  Resolved,  that  the  first  adventurers  and  settlers  of  Rig^^ts  of 
this   his   majesty's  colony  and  dominion  of  Virginia,  settlers. 


406  THE   GOVERNMENTAL   HISTORY   OP 

Part  III.  origin  and  causes  of  the  revolution. 

The  Stamp  brought  with  them,  and  transmitted  to  their  posterity, 
ginia^neT^^^^  all  Others  his  majesty's  subjects  since  inhabiting  in 
this  his  majesty's  colony,  all  the  privileges  and.  immuni- 
ties that  have  at  any  time  been  held,  enjoyed,  and  pos- 
sessed, by  the  people  of  Great  Britain. 
Their  char-     "  Resolved,  that  by  two  royal  charters,  granted  by 
SeePARil  king  James  I.,  the  colonies  aforesaid  are  declared  enti- 
tled to  all  the  privileges  of  denizens,  and  natural  born 
subjects,  to  all  intents  and  purposes  as  if  they  had  been 
abiding  and  born  within  the  realm  of  England. 
Taxation        "  RESOLVED,  that  the  taxation  of  the  people  by  them- 
seutaticm'  solves,  or  by  persons  chosen  by  themselves  to  represent 
character-  them,  wlio  Only  can  know  what  taxes  the  people  are 
British       ^blc  to  bear,  and  the  easiest  mode  of  raising  them,  and 
freedom,    ^^q  cqiially  affected  by  such  taxes  themselves,  is  the 
distinguished   characteristic   of  British   freedom,   and 
without  which  the  ancient  constitution  cannot  subsist. 
An  ancient     "  Resolved,  that  liis  majesty's  liege  people  of  this 
vfroiuL     ii^ost  ancient  colony,  have  uninterruptedly  enjoyed  the 
right  of  being  thus  governed  by  their  own  assembly  in 
the  article  of  their  taxes  and  internal  police,  and  that 
the  same  hath  never  been  forfeited,  nor  in  any  other 
way  yielded  up,  but  hath   been  constantly  recognized 
by  the  king  and  people  of  Great  Britain. 
Dcstruc-         "  Resolved  therefore,  that  the  general  assembly  of 
freedom  in  *^^^^  colony  have  the  sole  power  to  lay  taxes  and  impo- 
America     sitious  upon  the  inhabitants  of  this  colony,  and  that 

and  En"--  , ,  ,    j  i  ^ 

land.  ^iiy  attempt  to  vest  such  a  power  in  any  person,  or  per- 

sons, whatsoever,  other  than  the  general  assembly  afore- 
^  g  said,  has  a  manifest  tendency  to  destroy  British  as  well 

at  large,     as  American  freedom."* 
Speech  of       Mr.  Henry  went  into  an  able  and  elaborate  argument 

Patncic      ^Q  vindicate  these  resolutions  as  expressive  of  the  con- 
Henry.  ^ 

stitutional  rights  of  the  colonies,  and  closed  with  those 
glowing  words  of  warning  and  of  eloquence  so  well 
described  by  Wirt — "  Caesar  had  his  Brutus,  Charles 
the  First  his  Cromwell,  and  George  the  Third" — 
"  Treason  1  treason !  "  cried  the  speaker,  Mr.  Robinson, 


THE    UNITED    STATES    OF    AMERICA.  407 

THE    REVENUE    SYSTEM    OF    TAXATION.  PaRT    III. 

and  others — "  may  profit  by  their  example,"  continued  The  stump 
the  orator,  and  then  nodding  to  the  speaker,  added — ^in^ialu  "^ 
"  Sir,  if  this  be  treason  make  the  most  of  it !  "  and  then  ivos. 
sat  down.     The  resolutions  were  passed.*  *SeeIrv- 

Soon  after  their  passage,  the  lieut.  governor,  Fau- Washing- 
quier,  dissolved  the  assembly,  and  writs  were  issued  ^^°' 
directing  a  new  election  of  burgesses.  Those  who  had 
voted  for  the  resolutions  "were  unanimously  re-elected, 
while  those  who  had  opposed  them  were  defeated. 
Resolutions  proclaiming  the  same  doctrines  and  breath- 
ing the  same  spirit,  were  also  passed  by  the  assemblies 

of  New  York,  Massachusetts  Bay,  South  Carolina,  and  l"  ^ew 

York  etc. 
most  of  the  other  colonies  as  they  convened. 

"  These  resolves,"  says  John  Adams,  "  expressed  the 
universal  opinion  of  the  continent  at  that  time,  and  the 
alacrity  with  which  every  other  colony,  and  the  con- 
gress at  New  York,  adopted  the  same  sentiment  in  simi- 
lar resolves,  proves  the  entire  union  of  the  colonies  in 
it,  and  their  universal  determination  to  avow  and  sup- 
port it."t     Town  meetings  were  everywhere  called,  at  f  Life  of 
which  the  people  passed  resolves  instructing  their  I'ep- "^"^j^^^g 
resentatives  in  the  provincial  assemblies  to  oppose  any  vol.  iv. 
measure  whose  object  was  to  uphold  the  Stamp  Act. 

The  following  letter  of  instructions  emanating  from  A  voice 
the  spot  where  the  first  settlement  in  New  England  waspjy™  J^^^ 
planted,  the  old  town  of  New  Plymouth  in  Massachu- 
setts Bay,  addressed  by  his  constituents  to  their  repre- 
sentative in  the  general  assembly  of  that  colony,  is  inter- 
esting not  only  for  the  spirit  which  it  breathes,  and  the 
sentiments  which  it  contains,  but  also  as  illustrative  of 
the  feeling  of  hostility  to  the  proceedings  of  parliament 
which  pervaded  all  the  colonies. 

"You,  sir,  represent  a  people  who  are  not  only  de- 
scended from  the  first  settlers  of  this  country,  but  in- 
herit the  very  spot  they  first  possessed.  Here  was  first 
laid  the  foundation  of  the  British  empire  on  this  part 
of  America,  which,  from  a  very  small  beginning,  has 
increased  and  spread  in  a  manner  very  surprising,  and 


408  THE   GOVERNMENTAL   HISTORY   OP 

PaKT    III.  ORIGIN    AND    CAUSES    OF    THK    REVOLUTION. 

The  Stamp  almost  incredible,  especially  when  we  consider  that  all 
cVptioii  i'n "  ^^^^^  has  been  effected  without  the  aid  or  assistance  of 
America,    any  power  on  earth  ;  that  we  have  defended,  protected, 
and  secured  ourselves  against  the  invasions  and  cruelty 
of  savages,  and  the  subtlety  and  inhumanity  of  our  in- 
veterate and  natural  enemies,  the  French ;  and  all  this 
without  the   appropriation  of  any  tax   by  stamps,  or 
stamp  acts,  laid  upon  our  fellow-subjects,  in  any  part 
of   the  king's  dominions,  for  defraying   the   expense 
thereof. 
A  voice         "  This  place,  sir,  was  at  first  the  asylum  of  liberty, 
pj^™  ^^^  and  we  hope  will  ever  be  preserved  sacred  to  it,  though 
it  was  then  no  more  than  a  barren  wilderness,  inhabited 
only  by  savage  men  and   beasts.     To  this  place  our 
fathers — whose  memories  be  revered — possessed  of  the 
principles  of  liberty  in  their  purity,  disdaining  slavery, 
fled  to  enjoy  those  privileges  which  they  had  an  un- 
doubted right  to,  but  were  deprived  of  by  the  hands  of 
violence  and  oppression  in  their  native  country. 

"  We,  sir,  their  posterity,  the  freeholders  and  other 
inhabitants  of  this  town,  legally  assembled  for  that 
purpose,  possessed  of  the  same  sentiments,  and  retain- 
ing the  same  ardor  for  liberty,  think  it  our  indispensa- 
ble duty,  on  this  occasion,  to  express  our  sentiments 
of  the  Stamp  Act  and  its  fatal  consequences  to  this 
country,  and  to  enjoin  upon  you,  as  you  regard  not 
only  the  welfare,  but  the  very  being  of  this  people,  that 
you — consistent  with  our  allegiance  to  the  king,  and 
relations  to  the  government  of  Great  Britain — disre- 
garding all  proposals  for  any  other  purpose,  exert  all 
your  power  and  influence  in  opposition  to  the  Stamp 
Act,  at  least  till  we  hear  the  success  of  our  petitions 
for  relief.  We  likewise,  to  avoid  disgracing  the  memo- 
ries of  our  ancestors,  as  well  as  the  reproaches  of  our 
own  consciences,  and  the  curses  of  posterity,  recom- 
mend it  to  you,  to  obtain,  if  possible,  in  the  honorable 
house  of  representatives  of  this  province,  a  full  and 
explicit  assertion  of  our  rights,  and  to  have  the  same 


THE   UNITED    STATES   OF   AMERICA.  409 


THE    KEYENUE    SYSTEM    OF    TAXATION.  PaRT    III. 

entered  on  their  pnblic  records,  that  all  generations  yet  The  Stamp 
to  come  may  be  convinced,  that  we  have  not  only  a  iust  ^^^'  ^}? 
sense  of  our   rights    and   liberties,  but  that  we  never,  in  Ameri- 
with  submission  to  Divine  Providence,  will  be  slaves  to    ' 
any  power  on  earth." 

George  Washington  of  Virginia,  was  a  miember  of  George 
the   house   of  burgesses  of  that   colony  when  Patrick  ^^^shmg- 

.  t.oa. 

Henry  moved  the  resolutions  already  referred  to,  and 
gave  to  them  his  approval.  After  the  adjournment  of 
the  assembly  he  retired  to  his  seat  at  Mount  Vernon. 
Hitherto  he  had  taken  no  active  part  in  political  life  ; 
out  the  proceedings  of  the  assembly,  and  the  general 
aspect  of  things  throughout  the  colonies,  now  evidently 
seemed  to  attract  his  most  interested  attention.  With 
that  calm  composure  and  thoughtfulness  for  which  he 
was  always  so  remarkable,  he  surveyed  the  scene,  and 
thus  expressed  himself  in  a  letter  to  Mr.  Francis  Dan- 
dridge,  then  in  London,  dated  September  twentieth. 

"The  stamp  act  imposed  on  the  colonies  by  the  par- Opinion  of 
liament  of  Great  Britain,  engrosses  the  conversation  of  ^^'^^'^'°s- 

,       .  ton  upon 

the  speculative  part  of  the  colonists,  who  look  upon  its  policy. 
this  unconstitutional  method  of  taxation  as  a  direful 
attack  upon  their  liberties,  and  loudly  exclaim  against 
the  violation.  What  may  be  the  result  of  this,  and  of 
some  other  (I  think  I  may  add  ill-judged)  n>easures,  I 
will  not  undertake  to  determine ;  but  this  I  may  ven- 
ture to  affirm,  that  the  advantage  accruing  to  the 
mother  country,  will  fall  greatly  short  of  the  expecta- 
tion of  the  ministry ;  for  certain  it  is,  that  our  whole 
substance  already  in  a  manner  flows  to  Great  Britain, 
and  that  whatsoever  contributes  to  lessen  our  importa-  ^ow  hurt- 
tions  must  be  hurtful  to  her  manufactures.  The  eyes  f"'  *o  ^ng- 
of  our  people  already  begin  to  be  opened,  and  they 
will  perceive  that  many  luxuries,  for  which  we  lavish 
our  substance  in  Great  Britain,  can  well  be  dispensed 
with.  This  consequently  will  introduce  frugality,  and 
be  a  necessary  incitement  to  industry.  If  Great  Brit- 
ain therefore,  loads  her  manufactures  with  heavy  taxes 


410  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.  origin  and  causes  of  the  retoldtion. 

The  Stamp  will  it  not  facilitate  such  results  ?     They  will  not  com- 
ception  [n  P^^  ^^^^  ^  think,  to  give  our  money  for  their  exports, 
America,    whether  we  will  or  not :  And  I   am  certain,  that  none 
of  their  traders  will  part  with  them  without  a  valuable 
consideration.     Where,   then,   is   the    utility  of  those 
restrictions  ?     As  to  the  Stamp  Act,  regarded  in  a  sin- 
gle view,  one  of  the    first  bad  consequences  attending 
it,  is,  that  our  courts  of  judicature  must  inevitably  be 
shut  up  ;  for  it  is  impossible,    or  next  to  impossible, 
under  our  present   circumstances,  that  the  act  of  par- 
liament can  be  complied  with,  were  we  ever  so  willing 
to  enforce  its  execution.     And  not  to  say  (which  alone 
would  bo  sufficient)  that  we  have  not  money  enough 
to  pay  for  the  stamps,  there  are  many  other  cogent  rea- 
sons which  prove  that  it  would  be  ineffectual.     If  a  stop 
*  Writinga  is  put  to  our  judicial  proceedings,  I  fancy  the  merchants 
inffton       ^^  Great    Britain   trading  to    the  colonies  will  not  be 
vol.  ii.       among  the  last  to  wish  for  a  repeal  of  the  act."* 
The  gener-     At  this  Crisis  the  general    assembly  of  Massachusetts 
biy  of        Bay  resolved  that  it  was  expedient  to  convene  a  gen- 
Massachu-  q^hI  congress  of  delegates  from  the  several  colonies,  in 

setts  Bay  o  o  7 

proposes  a  Order  to  consult  together  as  to  the  most  advisable  mode 
congress     ^^   meeting   the  exigences   of  the   country.     Pursuant 
to  this  resolution   circular    letters  were  addressed  to 
the  several   provincial    assemblies,  recommending  the 
.    holding  of  such  a  convention  in   the  city  of  New  York 
Responded  on  the  first  Monday  of  October    then  next.     The  legis- 
SouthCai-lature  of  South  Carolina  was    the  first  south  of  New 
oiina.        England  to  accede  to  this  proposal.     The  influence  of 
her  example  served  to  allay  the  apprehensions  of  those 
colonies  which  doubted  the  expediency  of  the  measure : 
And   so   universal   was   the    sentiment   of    opposition 
throughout  America,  that  at  the  time  and  place  desig- 
nated twenty-eight  delegates   assembled,  representing 
And  other  Massachusetts   Bay,   Rhode    Island,   New  York,   New 
colonies,     j^^^^^^  Pennsylvania,  Delaware,  Maryland,  and  South 
Carolina. 

The   governors   of    Virginia,   North    Carolina,    and 


THE   UNITED    STATES    OF    AMERICA.  411 

THE    REVENUE    SYSTEM    OF    TAXATION.  PaRT    III. 

Georgia,  interfered  and  prevented  tliose  colonies  from  The  coio- 
sending  delegates;  but  each  of  them  forwarded  peti- °J.^gg^°^'' 
tions  and  resolutions,  in  which  they  strongly  condemned  ^"ew  York, 
the  policy,  and  insisted  upon  the  unconstitutionality  of 
the  Stamp  Act. 

This  congress  addressed  a  petition  to  the  crown,  a  Its  pro- 
memorial  to  the  House  of  Lords,  and  a  remonstrance  °  ' 
to  the  House  of  Commons,  stating  their  grievances  and 
praying  for  redress.  They  also  prepared  and  pul)lished 
a  Declaration  of  Rig-hts,  in  which  they  set  forth  the 
wrongs  of  which  they  complained,  and  the  rights  which 
they  insisted  upon.  As  exhibiting  their  true  position  in 
relation  to  the  mother  country  at  this  stage  of  the  con- 
troversy, it  necessarily  forms  a  part  of  our  history. 


Declaration  op  Rights  by  the  Colonial  Congress. 

"The  members  of  this  Congress,  sincerely  devoted l?eclara- 
with  the  warmest  sentiments  of  affection  and  duty  to  rights,  Oct. 
his  majesty's  person  and   government,  inviolably   at-^^*'^* 
tached  to  the  present  happy  establishment  of  the  pro- 
testant  succession,  and  with  minds  deeply  impressed  by 
a  sense  of  the  present  and  impending  misfortunes  of 
the  British  colonies  on  this  continent,  having  consid- 
ered, as  maturely  as  time  will  permit,  the  circumstances 
of  the  said  colonies,  esteem  it  our  indispensable  duty 
to  make   the    following    declarations  of   our   humble 
opinion  respecting  the  most  essential  rights  and  liber- 
ties of  the  colonists,  and  of  the  grievances  under  which 
they  labour,  by  reason  of  several  acts  of  parliament. 
They  declare  therefore, — 

"  I.  That  his  majesty's  subjects  in  these  colonics,  owe  Xature  of 
the  same  allegiance  to  the  crown  of  Great  Britain  that  1\\*;""  f  1^' 
is  owing  from  his  subjects  born  within  the  realm,  and  the  crown, 
all  due   submission  to  that  body,  the  parliament  of 
Great  Britain. 

"H.  That  his  majesty's  liege  subjects  in  these  colo- Their 
nies  are  entitled  to  all  the  inherent  rights  and  liberties  gu^jecS! 


tioiial 
taxes. 


412  THE   GOVERNMENTAL    HISTORY   OF 

PaHT    III.  ORIGIN    AND    CAT7SES    OF    THE    EEYOLUTION. 

Deciara-     of   liis  natural-bom  subjects  within  the   kingdom  of 

tionof        ^  -r^  .     . 

rights.        Great  Britain. 

Consent         "  HI.  That  it  is  inseparably  essential  to  the  freedom 

to*taxa-^^  of  a  people,  and  the  undoubted  right  of  Englishmen, 

^^^^'  that  no  taxes  be  imposed  on  them  but  with  their  own 

consent,  given  personally  or  by  their  representatives. 

Represent-      u  jy^  rpj^^^^  ^|^g  people  of  these  colonies  are  not,  and 

ation  in  i         i      . 

parliament  from  their  local  Circumstances  cannot  be,  represented 

cTbi?^*'"    ^^  ^^^°  House  of  Commons  in  Great  Britain. 

Constitii-  "Y.  That  the  only  representatives  of  these  colonies 
are  persons  chosen  therein  by  themselves,  and  that  no 
taxes  ever  have  been,  or  can  be  constitutionally,  im- 
posed upon  them,  but  by  their  respective  legislatures. 

Supplies  to      «  Yi.  That  all  supplies  to  the  crown  being  free  gifts 

the  crown.  ,        .     \  ,  ,  ,    .  . 

from  the  people,  it  is  unreasonable  and  inconsistent 
with  the  principles  and  spirit  of  the  British  constitu- 
tion, for  the  people  of  Great  Britain  to  grant  to  his 
majesty  the  property  of  the  colonies. 
Trial  by  "  YH.  That  trial  by  lurv  is  the  inherent  and  inval- 

jury.  j;    .   .  .  . 

uable  right  of  every  British  subject  m  these  colonies. 
Unconsti-       "  VIII.    That  the   late    act  of   parliament   entitled 
of  the  act.  'All    Act   for   granting    and    applying   certain    Stamp 
duties,  and  other  duties,  in  "the  British   colonies  and 
plantations  in  America,'  <fec. ;    imposing  taxes  on  the 
inhabitants  of  these  colonies  ;  and  the  said  acts,  extend- 
ing  the  jurisdiction   of   courts  of   admiralty   beyond 
its  ancient  limits,  have  a  manifest  tendency  to  subvert 
tlie  rights  and  liberties  of  the  colonists. 
Taxes  im-       "  IX.-  That  the  duties  imposed  by  several  late  acts 
densome."'  of  parliament,  from  the  peculiar  circumstances  of  these 
colonies,  will  be  extremclj  burdensome  and  grievous ; 
and  from  the  scarcity  of  specie,  the  payment  of  them 
absolutely  impracticable. 
iProfitsof       "X.  That  as  the  profits  of  the  trade  of  these  colo- 
toEng-      iiics  ultimately  centre  in  Great  Britain,  to  pay  for  the 
land.         manufactures  which   they  are    obliged    to  take  from 
thence,  they  eventually  contribute  very  largely  to  all 
supplies  granted  to  the  crown. 


THE   UNITED    STATES   OF   AMERICA.  413 

THE    REVENUE    SYSTEM    OF    TAXATION.  PaKT    III. 

"  XI.  That  the  restrictions  imposed  by  several  late  Restric- 
acts  of  parliament,  on  the  trade  of  these  colonies,  will[}"J|j^^"|^j" 
render  them  unable  to  purchase  the  manufactures  of 
Great  Britain. 

"  XII.  That  the  increase,  prosperity,  and  happiness  Source  of 
of  these  colonies  depend  on  the  full  and  free  enjoy- [|J°h^co^ 
ment  of  their  rights  and  liberties,  and  an  intercourse  °°'®^- 
with  Great  Britain  mutually  affectionate  and  advan- 
tageous. 

"XIII.  That  it  is  the  right  of  the  British  subjects  Right  of 
in  these  colonies  to  petition  the  king,  or  either  house  P^*^^*^*^"- 
of  parliament. 

"  XIY.   That  it  is  the  indispensable  duty  of  these  Their  duty 
colonics,  to  the  best  of  sovereigns,  to  the  mother  coun-  *^  P^cure 

'  ^      '  a  repeal  of 

try,  and  to  themselves,  to  endeavor,  by  a  loyal  and  the  stamp 
dutiful  address  to  his  majesty,  and  humble  application  '^ »  ^  °" 
to  both  houses  of  parliament,  to  procure  the  repeal  of 
the  act  for  granting  and  applying  certain  stamp  duties  ; 
of  all  clauses  of  any  other  acts  of  parliament,  whereby 
the  jurisdiction  of  the  i/lmiralty  is  extended  as  afore- 
said ;  and  of  the  other  late  acts  for  the  restriction  of 
American  commerce." 


These  proceedings  were  made  public  after  the  ad-  Pubiica- 
journment  of  the  congress,  were  endorsed  by  the  legis-  pro^c^L. 
latures  of  the  several  colonies,  and  were  generally  com-  ings- 
mended  and  approved  by  the  people.     The  spirit  which 
had  animated  their  deliberations  was  universally  dif- 
fused throughout  America,  and  in  all  parts  of  the  coun- 
try exhibited  itself  in  various  hostile  expressions  of 
their  indignant  sense  of  outrage. 

By  its  provisions  the  Stamp  Act  was  to  go  into  effect 
on  the  first  of  November.  The  agents  appointed  to 
receive  the  stamped  paper  and  to  enforce  the  collection 
of  the  stamp  duties,  were  burned  in  effigy,  their  offices 
were  demolished,  and  they  were  obliged  to  resign  their 
agency  or  quit  the  country.  Banners  were  every wliere 
displayed  with  the  inscription,  liberty  and  property  Jar- 


414  THE   GOVERNMENTAL    HISTORY   OP 

Part  III.  origin  and  causes  of  the  retolittion. 

Popular  ever,  and  no  stamps.  In  Philadelphia,  and  other  sea- 
stradoiis  P°^'^  towns,  OH  the  arrival  of  the  Stamps,  and  at  tho 
against  the  date  wlicn  the  act  was  to  take  effect,  the  flags  in  the 
ne's-e.  ^ '  liarbonr  were  placed  at  half-mast,  the  bells  were 
muffled  and  tolled  during  the  day,  and  the  citizens  put 
In  Phiia-  on  the  habiliments  of  mourning.  Like  scenes  were 
ddphia,      enacted  in  New  York,  in  Virginia,  in  Maryland,  and  in 

the  New  England  Colonies. 
In  Boston.      In  Boston  the  stamp  distributor  was  hanged  in  effigy, 
his  windows  broken,  his  office  destroyed,  and  the  effigy 
taken  down  and  burned  with  the  fragments**     A  paper 
was  issued  called  The  Constitutional  Cou?-ant,  with  the 
*  irving's   device  of  a  snake  cut  into  eight  pieces  ;  the  head  bear- 
tonf  ^^^'  ing  the  initials  N.  E.  for  New  England,  and  the  other 
parts  the  initials  of  New  York,  New  Jersey,  Pennsyl- 
vania, Maryland,  North  and  South  Carolina,  with  the 
motto  join  or  die.     A  handbill  was  also  posted  at  the 
corners  of  the  streets,  and  in  all  places  of  public  resort, 
bearing  the  inscription  in  large  capitals, 

"  PRO  P ATRIA. 

The  first  man  that  either  distributes  or  makes  use 
of  stamped  paper,  let  him  take  care  of  his  house,  per- 
il, s.  wL-  son,  and  effects.     We  dare, 

tcrbotham.  VOX   POPULI  "  * 

jj,  XT  "  In   New  York,  the  act  was  printed  and  carried 

York.  about  the  streets  on  a  long  pole,  surmounted  by  a 
death's  head,  with  a  scroll  inscribed,  The  folly  op 
England  and  ruin  of  America.  Golden,  the  lieu- 
tenant governor,  who  acquired  considerable  odium 
by  recommending  to  government  the  taxation  of  the 
colonies,  the  institution  of  hereditary  assemblies,  and 
other  tory  measures,  seeing  that  a  popular  storm 
was  rising,  retired  into  the  fort,  taking  with  him  the 
stamp  papers,  and  garrisoned  it  with  marines  from  a 
ship-of-war.  The  mob  broke  into  his  stable,  drew  out 
his  chariot,  put  his  effigy  into  it,  paraded  it  through 


I 


THE   UNITED    STATES   OF   AMERICA.  415 

THE    REVENUE    SYSTEM    OF    TAXATION.  I'aRT    III, 

the  streets  to  tlie  common,  (now  the  park,)  where  they  Popular 
hung  it  on  a  gallows.     In  the  evening  it  was  taken  fio"g"°'^*^^' 
down,  and  again  put  into  the  chariot  with  the  devil  for  against  the 
a  companion,  and  escorted  back  by  torch-light  to  the  no™.'^    ^ ' 
Bowling  Green,  where  the  whole  pageant,  chariot  and*lrring'g 
all,  were  burnt  under  the  very  guns  of  the  fort."*  ^^^^  '°^' 

Mr.  Jared  Ingersoll  of  New  Haven,  Connecticut,  In  Con- 
was  in  London  with  Dr.  Franklin,  where  he  appeared  ^*^^^''^"*' 
as  the  agent  of  the  colony  to  present  their  remon- 
strance against  the  passage  of  the  Stamp  Act.  He 
returned  to  America  after  the  passage  of  the  act,  with 
a  commission  appointing  him  to  the  office  of  stami> 
master. 

"Having  accepted  the  place,"  says  Hollister,  "Mr. 
Ingersoll  was  determined  to  discharge  its  duties.  Still 
he  sought  to  conciliate  his  fellow-townsmen  at  New 
Haven,  who,  for  Uie  most  part,  were  opposed  to  the 
law." 

No  one  could  doubt,  at  this  day  at  least,  that,  in 
either  efibrt,  Mr.  Ingersoll  had  undertaken  a  very 
perilous  and  difficult  task,  whatever  may  have  been  his 
motives  in  accepting  the  office.  The  boldness  and 
courage  with  which  he  undertook  to  defend  his  posi- 
tion and  enforce  the  law,  in  the  face  of  a  people  who 
had  committed  to  him  the  high  and  honorable  post  of 
personating  their  hostility  to  it  before  parliament,  are 
certainly  very  remarkable. 

"The  act  is  so  contrived,"  he  says  to  the  enraged  Mr.  Inger- 

colonists,  "  as  to  make  it  for  your  interest  to  buy  the  l?^^  ^^'^ , 
'  •'  ''  the  people. 

stamps.  When  I  undertook  the  office,  I  meant  a  serv- 
ice to  you."  "  Stop  advertising  your  wares  till  they 
arrive  safe  at  market,"  said  one. — ^"The  two  first  letters 
of  his  name  are  those  of  a  traitor  of  old,"  shouted  a 
second — and  added  bitterly,  "it  was  decreed  that  our 
Saviour  should  suifer ;  but  Avas  it  better  for  Judas 
Iscariot  to  betray  him,  so  that  the  price  of  his  blood 
might  be  saved  by  his  friend  ? "  At  last  the  citizens 
gathered  around  his  house  in  great  numbers. — "  Will 


416  THE  GOVEKNMENTAL    HISTORY   OF 

Part  III.  origin  and  causes  of  the  revolution. 

Popular  you  resign  ?"  was  the  pointed  inquiry  that  they  put  to 
ttor"'''''''lii^^^'  "I  know  not  if  I  have  the  power  to  resign," 
against  the  ausworod  the  rosoluto  man. 

1765-6.  ^ '      "  Oil  the  seventeenth  of  September,  a  town  meeting 
was  held,  and  Ingersoll  was  called  upon  by  a  public 
vote  to  resign  his  office  without  delay. — '■  I  shall  await 
to  see  how  the  general  assembly  is  inclined,'  said  the 
stamp  master  evasively." 
In  Con-         Not  being  able  to  remain  in  New  Haven,  he  deter- 
necticut.     j]Qij^(3(j  ^o  visit  the  general  assembly,  then  in  session  at 
Hartford.      Notwithstanding    he  was  accompanied  by 
his  excellency.  Governor  Fitch,  the  presence  of  the 
chief  magistrate  of  the  colony  did  not  deter  the  people 
from  having  their  will  in  the  matter.     He  was  followed 
by  a  large  concourse  of  citizens,  who,  when  they  ar- 
rived in  the  neighborhood  of  Wethersfield,  were  met 
by  a  cavalcade  of  five   hundred    freeholders  and  farm- 
ers ;  all  well  armed,  not  with  carbines  and  steel  blades, 
*  2  llollis-  but  with  ponderous  clubs,*  who  called  upon  him  to 
*7c  nu*^    resign  his  office  of  stamp  master.     On  his  remonstra- 
ting, the  crowd  replied,  "It  don't  signify  to   parley; 
here  are  a  great  many  people  waiting,  and  you  must 
resign." 

Ingersoll.  "  I  wait  to  know  the  sense  of  the  govern- 
ment. Besides,  were  I  to  resign,  the  governor  has 
power  to  put  in  another." 

The  People.  '■^Here  is  the  sense  of  the  government; 
and  no  man  shall  exercise  your  office." 

Ingersoll.  "What  will  follow  if  I  won't  resign  ?" 
The  People.  "Your  fate." 

Ingersoll  (calmly.)  "  I  can  die,  and  perhaps  as  well 
now  as  at  any  time.     1  can  die  but  once." 

Durkee  (impatiently.)  "  Don't  irritate  the  people." 
Ingersoll.  "I  ask  for  leave  to  proceed  to  Hartford." 
Durkee.  "You  shall  not  go  two  rods  till  you  have 
resigned." 

After  some  further  parley,  seeing  that  the  people 
were  in  earnest  and  that  there  was  no  escape,  Ingersoll 


THE   UNITED   STATES   OP  AMERICA.  417 

THE    REVENUE    SYSTEM    OF    TAXATION.  PaRT   HI. 

concluded  that  "  the  cause  was  not  worth  dying  for,"  Popular 
and  placed  his  signature  to  the  form  of  resignation  ^.*^'"°°^''''*" 
prepared  by  the  people  for  the  occasion,  as  follows :        against  the 

Stamp  Act, 

"  Wethersfield,  September  19th,  1765.      ^^"^~^- 

*'I  do  hereby  promise  that  I  never  will  receive  any 

,  ■  ,  •      /.        T^  .  In  Con- 

stamped  papers  which  may  arrive  irom  Jiiurope,  in  con- necticut. 

sequence  of  an  act  lately  passed  in  the  parliament  of 
Great  Britain  ;  nor  officiate  as  Stamp-Master,  or  Dis- 
tributor of  stamps,  within  the  colony  of  Connecticut, 
eitlier  directly  or  indirectly.  And  I  do  hereby  notify 
to  all  of  the  inhabitants  of  his  majesty's  colony  of  Con- 
necticut, (notwithstanding  the  said  office,  or  trust,  has 
been  committed  to  me,)  not  to  apply  to  me,  ever  here- 
after, for  any  stamped  paper  ;  hereby  declaring  that  I  do 
resign  the  said  office ;  and  execute  these  presents  of  my 
own  free  ivill  and  accord,  without  any  equivocation  or 
mental  reservation.  In  witness  whereof  I  have  here- 
unto set  my  hand.  J.  Ingersoll." 

"Swear  to  it,"  cried  the  people  ;  to  which  request  he 
declined  to  accede.  "  Then  slioid  liberty  and  property 
three  limes^''  responded  the  crowd.  At  this,  Ingersoll 
took  off  his  hat  and  united  with  the  joyous  people  in 
the  shout  for  freedom.  The  governor,  under  similar 
demonstrations  of  opposition,  afterwards  followed  the 
example  of  Ingersoll,  and  the  Stamp  act  and  stamped  ^2  h  ir 
paper  were  universally  condemned  in  Connecticut."*     ter's  Hist. 

of  Conn. 
In  New  Hampshire y  on  the  morning  of  the  day  oiijnXew 

which  the  act  was  to  go  into  effect,  at  sunrise,  the  bells  iJai^P- 

'  shire. 

began  to  toll.  The  people  gathered  as  for  a  funeral 
procession.  Eight  persons  bore  upon  their  shoulders  a 
coffin  inscribed  Liberty,  which  was  supposed  to  contain 
her  remains.  Accompanied  with  the  discharge  of 
minute  guns,  the  crowd  moved  slowly  and  mournfully 
towards  the  place  of  interment.  When  they  came  to 
the  grave,  a  funeral  oration  was  pronounced,  and  the 
coffin  was  lowered  with  deep  solemnity  into  the  vault 
27 


418 


THE   GOVERNMENTAL   HISTORY   OF 


I'ART   III. 


ORIGIN    AND    CAUSES    OF    THE    REVOLUTION. 


Popular 
demonstra- 
tions 

against  the 
Stamp  Act, 
llQo-6. 


*  Butler's 
U.  States. 


Business 

transacted 

without 

stamped 

paper. 


Non-im- 
portation 
associa- 
tions. 


*  Bissett. 


prepared  for  its  reception,  when,  suddenly,  signs  of 
animation  were  discovered,  the  coffin  was  raised  and 
inscribed  Liberty  revived.  Sliouts  and  acclamations, 
the  cheerful  sound  of  the  trumpet,  the  noise  of  the  fife 
and  the  drum,  and  the  merry  peal  of  the  bells,  an- 
nounced the  joyful  event,  and  re-inspired  the  despond- 
ing heart  of  the  people.* 

There  is  nothing  so  forcible,  so  powerfully  expressive 
of  the  spirit  which  pervaded  the  colonies  at  this  time,  as 
these  various  modes  in  which  it  was  manifested.  There 
are  none  of  the  uses  of  language  so  significant.  They 
were  not  the  wild  and  incoherent  ebullitions  of  a  law- 
less mob,  or  an  infuriated  populace,  for  they  were 
devised  by  men  of  character,  station,  and  influence, 
and  were  everywhere  conducted  with  decency  and  deco- 
rum. They  were  sober  and  rational  indications  of  a 
sense  of  real,  deep,  felt  oppression,  and  addressed 
themselves  to  the  noblest  and  best  sympathies  of  our 
nature.  Meanwhile  the  colonies  went  on  regularly  in 
the  transaction  of  business  in  their  courts ;  and  the 
people  continued  their  daily  avocations  in  all  the 
departments  of  trade  and  commerce,  printed  and  cir- 
culated their  newspapers,  and  executed  all  needful  con- 
veyances of  property ;  and  the  Congress  at  New  York 
gave  publicity  to  its  proceedings ;  without  using  stamped 
paper,  and  as  if  no  such  act  had  been  passed. 

Associations  for  the  non-importation  of  British  man- 
ufactures were  formed  by  the  merchants  of  New  York, 
to  continue  until  the  Ptamp  Act  should  be  repealed. 
Their  example  was  imitated  by  the  merchants  of  Bos- 
ton, of  Pliiladelphia,  of  Baltimore,  and  other  seaport 
towns.  Committees  were  appointed  by  these  several 
associations,  in  their  respective  localities,  whose  duty  it 
was  to  inspect  British  cargoes,  and  to  report  those  who 
traded  in  or  purchased  the  articles  prohibited  ;  and  the 
transgressors  were  censured  not  only,  and  avoided,  but 
their  names  were  also  posted  and  published  in  the  news- 
papers, and  themselves  proclaimed  odious.* 


THE   UNITED    STATES    OF   AMERICA.  419 

THE    REVENUE    SYSTEM    OF    TAXATION'.  PaUT    III. 

Articles  of  union  were  entered  into  between  New  Demon- 
York  and  Connecticut,  in  which  they  avowed  their  alle-  agaij',°"the 
giance  to  the  crown,  and  their  strong  attachment  to^^ampAct, 
the  parent  state.     They  declared  that  they  had  united  for  (^<oio„iai 
the  sole  purpose  of  defending  themselves  against  the  associa- 
wrongs  sought  to  be  inflicted  by  parliament;  they  pro- 
tested strongly  against  its  enactments  as  aggressions 
upon  their  liberties,  and  seem  not  to  have  desired,  or 
even  thought  of,  a  separation  from  the  dominion  of 
Great  Britain,     The  colonies  of  Massachusetts  Bay  and 
New  Hampshire  soon  united  in  the  league.     "  At  the  sug-  Commit- 
gestion  of  Samuel  Adams  of  Boston,  a  committee  of  cor-respond- 
respondence  was  appointed  in  Massachusetts  Bay.     In-  *^°^®- 
stantly  every  colony,  nay  every  county,  city,  hundred,  and 
town,  upon  tlie  whole  continent,  adopted  the  measure, 
I  had  almost  said,  as  if  it  had  been  a  revelation  from  *  Life  of 
above,  as  the  happiest  means  of  cementing  the  union  a^g%oi  4 
and  acting  in  concert."* 

The  swell  of  this  mighty  and  united  torrent  of  oppo- 
sition spread  across  the  Atlantic.  At  its  tumultuous 
and  prophetic  murmur  the  throne  trembled,  the  nation 
was  convulsed,  and  the  kingdom  of  Great  Britain 

Through  all  her  gates  gave  signs  of  woe. 

The  check  thus  given  to  the  commercial  intercourse  The  effect 
between  the  two  countries,  stopped  the  manufacturing  demonstra- 
establishments,  and  extensively  embarrassed  the  opera-  t'ons  in 
tions  of  trade  in  England  ;  while  it  threw  thousands   °^  ^ 
out  of  employment  who  were  thus  enlisted    in  favor 
of  the  repeal  of  the  Stamp  Act  and  the  claims  of 
America. 

The  first  ominous  symptom  of  a  reaction  in  favor  of  ciiange  in 

,       .       .      ,,  ,  T  -1       r  ^1  XI  ^'"^  British 

the  colonies  in  the  public  councils  ot  the  mother  coun- cabinet. 

try,  was  the  dismission  of  Mr.  Grenville  from  the  head 

of  the  government,  and  the  formT?tion  of  a  new  cabinet. 

"Grenville,"  says   Sir  Horace  Walpole  "was  a  man 

great  in  daring  and  little  in  views ;  and  was  charmed 

to  have  an  untrodden  field  before  him  of  calculation 


420  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.  origin  and  causes  of  thk  revolution. 

Change  in  and  experiment."*     The  change  in  the  ministry  was 

councils?    undoubtedly  suggested  by  the  conviction  that  the  meas- 

*  Cited  in  ures  adopted  were  altogether  too  hazardous,  and  that 

Washing-  ^^^®  experiment  had  been  pushed  to  a  fearful  crisis. 

ton.  The  now  administration  felt  that  it  was  time  to  pause, 

cabinet^    to  deliberate  upon  the  consequences  which  might  ensue 

upon  their  further  prosecution.     The  aspect  of  things 

in  America  seemed  to  indicate  that  the  only,  perchance 

the  last  moment   for  conciliation  had  arrived.      The 

weight  of  a  feather  in  the  scale  of  policy  might  sever 

forever  the  tic  which  bound  the  colonies  to  the  mother 

country,  and  alienate  irrecoverably  their  allegiance  to  the 

crown. 

Dr.  Frank-      At  tliis  crisis  Dr.   Franklin,  then  in  London,  was 

Im  before         n     i  •     ,      ^i       i 

the  house   Called  into  the  house  ot  commons  and  examined  before 
of  com-     them  with  reference  to  the  Stamp  Act.     He  had  ap- 
1765.'        peared  in  London  as  one  of  the  agents  of  the  colonial 
congress  and  the  bearer  of  their  dispatches  to  the  crown 
and  parliament.     Hence  he  was  justly  supposed  to  be 
well  versed  in  American  affairs,  was  summoned  into 
parliament,  and  his  responses  had  an  oracular  weight 
with  those  who   listened    to    him.      He  was  interro- 
gated— 
His  exam-       "1.  Question. — What  was  the  temper  of  America  to- 
the  Stamp  wards  Great  Britain  before  the  year  1763  ? "    Answer. — 
Act.  li  'phe  ijQgt  ii^  tiie  world.    They  submitted  willingly  to  the 

government  of  the  crown,  and  paid,  in  all  their  courts, 
obedience  to  the  acts  of  parliament.     Numerous  as  the 
people  are  in  the  several  old  provinces,  they  cost  you 
nothing  in  forts,  citadels,  garrisons,  or  armies,  to  keep 
Feelings     them  in  subjection.     They  were  governed  by  this  coun- 
Gi^at  Brit- *^T  ^^  ^hc  expense  only  of  a  little  pen,  ink,  and  paper, 
ain  before  They  wcre   led   by    a    thread.     They   had    not   only 
passage.  j,(,ppQ^,|.^  j^^^^  g^^^  affection  for  Great  Britain,  for  its  laws, 
its  customs,  and  manners ;  and  even  a  fondness  for  its 
fashions  that  greatly  increased  the  commerce.     Natives 
of  Great  Britain  were  always  treated  with  particular 
regard :     To  be  an  Old  England  man  was,  of  itself,  a 


THE   UNITED    STATES   OP   AMERICA.  421 

THE    REVENUE    SYSTEM    OF    TAXATION.  TaRT    III 

character  of  some  respect,  and  gave  a  kind  of  rank 
among  us." 

"  2.  tQucstion. — And  what   is  their  temper  now  ?  " 
Answer. — "  Oh  !  very  much  altered." 

"3.    Question. — If  the  act  is  not  repealed,  what  do  l^o^' 
you  think  will  be  the  consequences?"     Ansu^er. — "A  the  Act. 
total  loss  of  the  respect  and  affection  the  people  of 
America  bear  to  this  country,  and  of  all  commerce  that 
depends  on  that  respect  and  affection." 

"  4.   Question. — Do  you  think  the  people  of  America  The  people 
would  submit  to  pay  the  stamp  duty  if  it  was  mode-  "2^^  "^^ 
rate  ?  "      Answer. — "  No,  never,  unless  compelled  by  duty. 
force  of  arms." 

Neither  the  crown  nor  the  new  ministry  dared  ven- 
ture further  to  trifle  with  the  subject.     The  king  in  his 
address  to  parliament  recommended  conciliatory  meas- Speech  of 
ures.     Mr.  William  Pitt,  Earl  of  Chatham,  now  the  ifp'^jfj"^ 
leader  of  the  new  administration,  in  moving  the  address,  Stamp  Act, 
said — "  My  position  is  this ;  I  repeat  it,  I  will  main- 
tain it  to  my  last  hour ;  taxation  and  representation  are 
inseparable;  This  position  is  founded  on  the  laws  of 
nature.     It  is  more.     It  is  itself  an   eternal  law  of 
nature.     For  whatever  is  a  man's  own,  is  absolutely 
his  own,  no  man  has  a  right  to  take  it  from  him  with-  He  defends 
out  his  consent.     "Whoever  attempts  to  do  it,  attempts  tion^of 'the 
an  injury ;   whoever  does  it,  commits  robbery.     You  colonies 
have  no  right  to  tax  America.     I  rejoice  that  America 
has  resisted.     Three  millions  of  our  fellow  subjects  so 
lost  to  every  sense  of  virtue,  as  tamely  to  give  up  their 
liberties,  would  be  fit  instruments  to  make  slaves  of 
the  rest." 

He  further  insisted  that  taxation  was  no  part  of  the 
governing  power,  but  that  taxes  were  the  free  gift  and 
grant  of  the  people  alone,  either  by  themselves  or  by 
their  representatives.  He  closed  his  able  and  eloquent  Ue  moves 
defence  of  the  position  taken  by  the  colonies,  by  mov- 1^^^^^  °^ 
ing — "  that  the  Stamp  Act  be  repealed,  absolutely, 
totally,  and  immediately  ;  at  the  same  time,"  he  added, 
"  let  the  sovereign  authority  of  this  country  over  the 


422  TPIE   GOVERNMENTAL    HISTORY   OF 

Part  III.  origin  and  causes  of  trk  revolution. 

Repeal  of  coloiiies,  be   asserted   in  as   strong   terms  as  can  be 
Act,  ^"^'"^  devised,  and  be  made  to  extend  to  every  point  of  legis- 
March,  18,  lation  wluitsocver ;  that  we  may  bind  their  trade,  con- 
fine their   manufactures,  and    exercise   every  power, 
except  that  of  taking  their  money  out  of  their  own  pock- 
ets ivithout  their  consent  J^     While  the  bill  for  repealing 
it  was  under  deliberation,  petitions  were  received  from 
the  merchants  of  the  city  of  Bristol,  from  the  merchants 
of  Glasgow,  from  Edward  Montague,  agent  for  the  colony 
*AmerI-    of  Virginia,  and  from  the  merchants  of  the  city  of  Lon- 
cWvi'"      ^°^^'  "^  favor  of  the  repeal,  and  read.*     The  new  min- 
voi.  1.       istry  generally  coinciding  in  Mr.  Pitt's  sentiments,  the 
Stamp  Act  was  repealed. 


Though  the  attempt  to  enforce  the  circulation  and 
use  of  stamped  paper  was  so  personal  and  at  the  same 
time  so  universal  in  its  operation,  that  it  aroused  a  fever 
of  excitement  which  seemed  to  make  the  Stamp  Act 
the  one  grand  act  of  grievous  and  hostile  legislation  ; 
yet  in  the  more  northern  and  commercial  colonies  the 
controversy  embraced  also  the  principle  of  parliament- 
ary interference  generally.  In  all  of  them,  however, 
The  repeal  t^^^  intelligence  of  the  repeal  was  received  with  un- 
how  re-      bounded    applause.      Bonfires,  the    booming:    of   can- 

ceived  m  *■  '^ 

America,  noii,  the  illumination  of  public  buildings  and  pri- 
vate residences,  processions  accompanied  with  bands 
of  music,  shouts,  huzzas,  and  banners  waving  from 
conspicuous  places,  displaying  on  their  ample  area 
sentiments  of  freedom,  everywhere  testified  the  exulta- 
tion of  the  people.  Letters,  addresses,  and  resolutions, 
emanating  from  their  public  functionaries,  their  pri- 
mary assemblies,  and  their  halls  of  legislation ;  ser- 
mons and  public  thanksgivings  in  their  churches,  all 
expressed  their  jubilant  acknowledgments.  The  mer- 
chants and  traders  at  once  suppressed  all  their  hostile 
measures.  The  colonies  dissolved  their  retaliatory 
leagues,  revived  their  commercial  operations,  and  the  in* 
habitants  resumed  their  traffic  in  and  use  of  articles  of 


THE   UNITED    STATES   OF  AMERICA.  423 

THE    REVENUE    SYSTEM    OF    TAXATION,  PaRT    III. 

British  manufacture  and  importation.     In  a  word,  the  The  repeal 
whole  American  people,  to  use  the  expressive  language  ^[^^'^^"^  . 
of  their  own  colonial  Congress,  "  fell  into  their  ancient  i>ow  re- 
state of  unsuspecting  confidence  in  the  mother  coun- America 
try." 

In  writing  to  a  friend  in  England,  Washington  thus  Opinion  of 
expressed  himself:  "The  repeal  of  the  Stamp  Act,  to™^^^- 
whatever  cause  owing,  ought  much  to  be  rejoiced  at ;  the  repeal, 
for  had  the  parliament  of  Great  Britain  resolved  upon 
enforcing  it,  the  consequences,  I  conceive,  would  have 
been  more  direful  than  is  generally  apprehended,  both 
to  the  mother  country  and  her  colonies.     All,  therefore, 
who  were  instrumental  in  procuring  the   repeal,  are 
entitled  to  the   thanks   of   every  British   subject,  and 
have  mine  cordially."*     At  another  time  he  writes :  *  Sparks' 
"I    cannot  help  observing    that  a   contrary   measure ^"^•'^s* 

.  •  of  Wash- 

would   have  introduced  very  unhappy   consequences,  ington, 

Those,  therefore,  who  wisely  foresaw  euch  an  event,  ^^^•^' 
and  were  instrumental  in  procuring  the  repeal  of  the 
act,  are,  in  my  opinion,  deservedly  entitled  to  the 
thanks  of  the  well-wishers  to  Britain  and  her  colonies, 
and  must  reflect  with  pleasure,  that,  through  their 
means,  many  scenes  of  confusion  and  distress  have 
been  prevented.  Mine  they  accordingly  have,  and 
always  shall  have  for  their  opposition  to  any  act  of 
oppression ;  and  that  act  could  be  looked  upon  in  no 
other  light  by  every  person  who  would  view  it  in  its  *  Ibid, 
proper  colours."* 

But  the  confidence  and  the  joy  of  all  who  had  thus  The  repeal- 
hailed  the  repeal  was  but  temporary.     The  commended '"»  ^°*'  ^** 

^  i  ./  preamble 

wisdom  even  of  the  wise  proved  to  be  foolishness  or  and  de- 
willfulness.  The  branch  cast  into  the  bitter  waters  clausl^^ 
had  no  healing  virtues.  The  Stamp  Act  was  indeed 
repealed,  and  the  intelligence  of  its  repeal  was  indeed 
hailed  with  joy  in  America,  but  when  the  repealing  act 
itself  reached  the  colonies,  it  was  found  to  be  wholly 
imsatisfactory ;  as  the  closing  part  of  Mr.  Pitt's  speech 
foreshadowed  that  any  qualified  repeal  might  be.     The 


424  THE   GOVERNMENTAL   HISTORY   OP 


Part  III.  origin  and  causes  of  the  revolution. 


reasons  given  for  the  repeal,  as  stated  in  the  preamble 

Seasons     of  the  repealing  act,  were — "that  the  collecting  the 

given  for    ggygp^l  dutics  and  revenues,  as  by  the  said    act  was 
the  repeal.  ^    ^      .  ,  . 

directed,  would  be  attended  with  many  mconvemences, 

and  productive  of  consequences  dangerous  to  the  com- 
mercial  interests    of    this   kingdom."      While    in   its 
declaratory  provisions  was  the  more  obnoxious  clause, 
"that  the  king,  ivith  the   consent  of  parliament^  had 
and  of  right  ought  to  have  full  power  and  authority  to 
make  laws  and  statutes  of  sufficient  force  and  validity 
to  bind  the  colonies  and  the  people  of  America,  sub- 
jects of  the  crown  of  Great  Britain,  in  all  cases  what- 
soever.''^ 
The  defect-      Thus  the  mode  of  collecting  the  several  duties  and 
ivemode^   revenues,  as    directed  by  the    provisions  of    the  act, 
ing  the  du-  and  not  the  wrong  in  which  they  originated,  was  given 
ground^of  ^s  the  rcasou  of  its  repeal.     The  commercial  interests 
the  repeal,  ^f  Great  Britain  were  set  in  direct  opposition  to  the 
rights  and  freedom  of   the    colonics,  while    the  very 
power  claimed   by   parliament,  the  exercise  of  which 
had  rendered  the   Stamp  Act  itself  so  odious,  was  re- 
asserted in  the  broadest  and  most  comprehensive  terms. 
"Whatever  policy  may  have  prompted  the  ministry  to 
make  the  king  also  a  party  to  this  assumption  of  par- 
liamentary authority,  it  certainly  was  a  measure  which 
materially  hazarded  his  own  prerogatives  of  sovereignty 
Complicity  in  the  colonies.     It  tended  so  to  interweave  the  ques- 
of  the  con- ^^Qj-^  of  cOlouial  allegiance  to  the  crown  with  the  ques- 
tion  of  colonial  submission  to  the  parliament,  that  the 
two  necessarily  became  blended    in   the    controversy 
which  thereafter  ensued.     Thus  were  sown  the  seeds 
which  gave  to  that  controversy  a  wider  range  of  hos- 
tility, involving  the  sovereignty  of  Great  Britain  over 
Ameri'^'^  '-  +he  issue  of  the  struggle.     The  door  for  it 

The  pre-   _  ^hT"  ''^•"^- 

**^°iai  policy  v.^  1    T  ^peciou  pretense  that  the  stamp  act  was  re- 

ofthe  ?^^^ed  bpfq.ic^  .  11.,  1-1 

repeal.       tra  ^^'^"se  lo  taxes  imposed  by  it  were  laid  con- 

^  i'^ue  pinciples  of  commerce,  was   a  conces- 


THE   UNITED    STATES   OP   AMERICA.  425 

THE    REVENUE    SYSTEM    OF    TAXATION.  PaRT    III. 

sion,  the  ultimate  reach  of  which  its  authors  had  not 

either  the  coohiess  or  the  sagacity  to  foresee.     As  a 

motive  for  the  repeal  it   amounted   to  nothing,  and 

"  never  Avas  believed,"  says  Sir  Edmund  Burke, "  by  any 

man  either  in  America,  which  it  was  meant  to  soothe  ;*  Burke  oq 

or  in  England,  which  it  was  meant  to  deceive."*  Taxation. 

The  repeal  and  the  concession,  whether  so  intended 
or  not,  were,  virtually,  a  relinquishment  of  the  revenue 
system  of  taxation,  and  of  the  claims  upon  which  it 
was  based ;  and  would  probably  have  terminated  the 
hostility  of  the  colonies  but  for  these  declaratory  pro- 
visions of  the  act. 

I  do  not  feel  disposed  to  indulge  in  that  spirit  of  CompHca- 
loose  invective  which  many  of  our  historians  have  man-^°"?,^^*^® 
ifested  in  speaking  of 'the  members  of  the  British  Cabi- Cabinet, 
net,  or  of  the  prominent  men  in  parliament,  who,  in 
one  year  or  another  of  this  period,  guided  and  con- 
trolled the  policy  of  the  nation.  It  must  be  admitted 
that  at  the  close  of  the  French  war,  the  relations  which 
existed  between  England  and  her  colonies  in  America 
were  of  necessity  exceedingly  complicated  and  embar- 
rassing; while  neither  her  people  nor  her  public  men 
knew  much  of  the  extent  or  resources  of  the  American 
continent,  the  character  of  the  American  people,  or  the 
nature  of  their  governments  and  institutions.  Accredit 
to  her  statesmen  and  legislators  the  wisdom,  fore- 
thought, and  prudence,  the  integrity,  virtue,  and  intel- 
ligence, which  more  than  ordinarily  belong  to  public 
functionaries,  and  it  was  still  a  difficult  matter  for  them 
to  know  how  to  legislate  wisely  with  reference  to  Amer- 
ica. More  than  this,  it  was  impossible.  It  was  not  in 
human  wisdom  to  contrive  any  system  of  legislation, 
or  policy  of  administration,  which  could  stay  the  prog- 
ress of  the  colonies  towards  independence.  Such  a 
result,  under  whatever  form  of  parental  discipline  or 
oversight,  imder  whatever  degree  of  integrity  or  capaci- 
ty of  statesmanship,  was  inevitable.  We  have  only  to 
do  with  the  causes  which  produced   it,  not  so  much 


426  THE   GOVERNMENTAL    HISTORY    OP 

Part  III.  origin  and  causes  of  the  retolotion. 

with  the  men  who   were  mstrumental  in   developing 
those  causes;  and  while,  therefore,  we  note  their  meas- 
ures, we  care  not  to  stigmatize  with  odious   epithets 
cither  their  motives  or  their  characters. 
The  prmci-     j^  ^^^g  ^^  ^q  expected,  and  this  was  why  the  arrival 

pie  01  par-  .  . 

liamentaiy  of  the  repealing  act  in  America  produced  so   much 
ty^to'^be'^"  alai'iii  "^  the  colonies,  that  the  principle  of  parliament- 
enforced,    ary  supremacy,  now  sheltered  uiuder  the  wing  of  kingly 
prerogative,  and  so  boldly  claimed,  would  be  enforced. 
It  was  still  insisted  that  it  was  expedient  to  raise  a 
revenue  in  America,  but  for  what  purpose  it  should  be 
claimed,  or  in  what  manner  it  shoLild  be  accomplished, 
seemed  to  bo  the  difficulty.     In  order  to  be  consistent 
The  com-   with  the  preamble  of  the  repealing  act  it  was  necessary 
svltera  of  ^^^  those  wlio  made  the  claim  to  devise  some  mode  of 
taxation     levying  the  taxes,  not  "  inconsistent  with  the  true  prin- 
tfd,  ciples   of    commerce.       I  he   plan   now  proposed  was 

1766-67.  claimed  to  be  more  according  to  commercial  usage, 
though  it  was  precisely  the  same  thing  in  principle  with 
the  stamp  act.  Hence  I  have  denominated  it  the  com- 
mercial system  of  taxation. 

This  new  system  was  inaugurated  under  the  auspices 
of  Sir  Charles  Townshend,  now  promoted  to  the  office 
of  Chancellor  of  the  Exchequer,  in  the  new  ministry ; 
to  whom  was  entrusted  the  financial  affairs  of  the  gov- 
ernment. In  bringing  it  forward  it  was  necessary  to 
sustain  the  positions  put  forth  in  the  declaratory  pro- 
visions of  the  repealing  act.  The  king  and  parliament 
must,  seemingly  at  least,  be  united  in  the  measure. 
Accordingly  early  in  the  following  year,  Mr.  Townshend 
introduced  a  bill  into  the  House  of  Commons  with  the 
anomalous  recital : 

"  Whereas  it  is  expedient  that  a  revenue  should  be 
raised  in  ymir  majesty's  dominions  in  America,  for  mak- 
ing a  more  certain  and  adequate  provision  for  defray- 
ing the  charge  of  the  administration  of  justice,  and 
support  of  civil  government,  in  such  provinces  where 
it  shall  be  necessary,  and  towards  further  defraying  the 


THE   UNITED    STATES   OF   AMERICA.  427 

THE    COMMEUCIAL    SYSTEM    OF    TAXATION.  PaUT    III. 

expenses  of  defending,  protecting,  and  securing  the  Act  impos- 
said  dominions,  therefore   the    House  of  Commons  ^^olfcom-^^ 
frive   and  srrant  unto    your   majesty,"   &c.      The    Bill  m^^rcial 

?  1     ■,       .  -,  .  ,        1  1  importa- 

imposed  duties  on  "glass,  paper,  painters   colours,  redtious.ive'?. 
lead,  white  lead,  and  teas,  imported  into  America ; "  part 
of  the  proceeds  of  which  were  to  be  appropriated  to  the 
purposes  specified  in  the  preamble. 

This  measure  of  course  was  regarded  in  America  as  Its  recep- 
equally  unconstitutional  with  the  stamp  act,  and  revived etfe^riii 
with  increased  bitterness  and  boldness  the  indignation  America. 
and  resentment  of  all  the  colonies.  It  made  them  sus- 
picious of  the  designs  of  the  ministry,  and  they  entered 
into  the  controversy  thus  renewed  with  a  more  deter- 
mined and  independent  hostility.  It  was  urged  "the 
taxes  are  small."  It  was  replied  "the  principle  is  the 
same,  and  we  contend  for  the  principle."  Circulars, 
pamphlets,  newspapers  and  periodicals,  were  published, 
setting  forth  in  clear,  distinct,  and  forcible  relief,  the 
rights  of  the  colonies ;  and  exposing  with  a  master  logic 
and  skill,  the  odious  doctrines  which  were  concealed 
under  tlK3  guise  of  small  taxes.  Never  were  the  prin- 
ciples of  constitutional  freedom  so  clearly  set  forth,  so 
luminously  illustrated,  or  so  ably  advocated  and  defend- 
ed as  by  the  American  statesmen,  writers  and  legislators 
of  that  day,  while  "  the  justice  of  their  reasoning  was 
freely  acknowledged  by  all  liberal  and  unprejudiced 
minds  in  the  mother  country."*  *  story. 

The  general  language  of  the  colonies  was,  "we  arc 
not  permitted  to  import  from  any  nation  other  than  our 
parent  state ;  and  have  been,  in  some  cases,  restrained 
by  her   from   manufacturing   for   ourselves;   and   she 
claims  a  right  to  do  so  in  every  instance  which  is  incom- 
patible with  her  interests.     To  these  restrictions  we 
have  hitherto  submitted.     But  she  now  rises  in  her  de- 
mands, and  imposes  duties  on  those  commodities  the  General 
purchasing  of  which  elsewhere  than  at  her  market  her  of  the  colo- 
law  forbids,  and  the  manufacturing  of  which  for  our"^^^- 
own  use,  she  may,  any  moment  she  pleases,  restrain. 


428  THE    GOVERNMENTAL   HISTORY   OF 

Part  III.  origin  and  causks  of  the  retolption. 

Reception  If  her  right  is  valid  to  lay  a  small  tax,  it  is  equally  so 
of  the  act  to  lay  «  large  one,  for,  from  the  nature  of  the  case,  she 
imposing    must  bc  ffuided  exclusively  by  her  own  opinions  of  our 

duties  on  -,       n     ^  •  p     i         i      • 

conimer-     abiuty,  and  of    the   propriety  oi  the   duties   she  may 
ciai  iinpor-  jniposo.     Nothing  is  left  for  us  bvit  to  complain  or  pay. 
1767.         We  must  abstain   entirely  from  using  those  articles, 
which  cannot  be  dispensed  with,  or  we  must  pay  a  tax 
imposed  without  our  consent." 
Appeals  to     They   again,   as   before,   addressed    their   petitions, 
*^'"' c'"^^"' remonstrances,  and  .appeals  to  the  crown,  the  parlia- 
ment, and  the  people  of  England.     But  these  produced 
no  salutary  impressions.    Their  appeals  were  suppressed, 
their  petitions  were  unheeded,  and  their  remonstrances 
were  thrown  under  the  table. 

On  the  twenty-seventh  day  of  May,  parliament  en- 
Restrain-    acted  "  A  bill  for  restraining  the  Assembly  of  New  York 

ing  act  or  .  -i     i         i  t     i       •  i      i 

new  mode  from  passing  any  act,  until  tliey  have  complied  with  the 
adopted  to  g^g|.  ^^  parliament  for  furnishing  his  majesty's  troops 
louiai  sub-  with  neccssaries,  required  by  said  act."  The  act  refer- 
mission.     ^^^^  ^^  ^^^  ^^_^  ^^^  passed  1765,  adding  to  the  mutiny 

act  a  clause  giving  to  the  ministers  unlimited  power  to 
send  troops  to  America;  and  compelling  the  people  to 
provide  quarters  for  them ;  to  furnish  them  with  fuel, 
provisions,  lights,  etc. ;  so  long  as  they  should  remain 
in  the  colonies.  It  was  called  the  Quartering  Act,  Its 
enforcement  being  rendered  unnecessary  by  a  repeal  of 
the  stamp  act,  the  hostility  to  it  was  thereby  abated. 
But  the  revival  of  it,  at  this  time  and  in  this  form,  was 
adding  insult  to  injustice.  An  attempt  to  force  the 
colonial  legislature  to  provide  for  the  maintenance  of 
an  army  quartered  upon  them  to  enforce  at  the  point 
of  the  bayonet  obedience  to  the  revenue  act. 
How  en-  And  how  was  this  more  recent  enactment  to  be 
forced-  enforced?  By  a  board  of  officers,  appointed  by  the 
crown  pursuant  to  an  act  passed  June  fifteenth,  1767, 
called  "  Commissioners  for  the  customs  and  other  duties 
in  the  British  dominions  in  America,  and  for  executing 
the  laws  relating  to  trade  there."     These  commission- 


THE   UNITED   STATES   OF  AMERICA.  429 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

ers  were  to  be  resident  in  America,  with  power  to  The  re- 
appoint  agents  in  all  of  the .  colonies,  wherever  they  ^^Jt'"j^''"j^^,^ 
mio-ht  see  fit,  and  to  enforce  obedience  by  directing  the  ^'ew  York, 
military  to  enter  the  colonial  legislature  and  disperse  forcement, 
its  members,  or  stop  legislation  in  some  like  summary  ^^^'^• 
manner.*      Could  the  prerogatives  of  sovereignty  be  *  i  Ameri- 
exercised  in  a  more  arbitrary  way,  or  with  a  greater  ^.j^j^gg* 
show  of  insolence  and  oppression? 

The  effect  generally  produced  by  this  ordinance  of 
parliament,  on  its  arrival  in  America,  as  well  as  the 
quick  sympathy  and  unity  of  purpose  which  existed 
throughout  the  colonies,  are  well  illustrated  in  a  letter 
sent  from  the  house  of  burgesses  in  the  colony  of  Vir- 
ginia to  the  general  court  of  Massachusetts  Bay,  in 
reply  to  a  circular  address  issued  by  the  latter,  which  I 
shall  presently  notice.     The  letter  reads: 

"The  act  suspending  the  legislative  power  of  NewAToicc 
York  we  consider  as  still  more  alarming  to  the  colonies,  Jj°^  ' 
though  it  has  that  single  province  in  view.  If  parlia- 
ment can  compel  them  to  furnish  a  single  article  to  the 
troops  sent  over,  they  may,  by  the  same  rale,  oblige  them 
to  furnish  clothes,  arms,  and  every  other  necessary, 
even  the  pay  of  the  officers  and  soldiers;  a  doctrine 
replete  with  every  mischief,  and  utterly  subversive  of 
all  that  is  dear  and  valuable.  For  what  advantage  can 
the  people  of  the  colonies  derive  from  choosing  their 
own  representatives,  if  these  representatives,  when 
chosen,  be  not  permitted  to  exercise  their  own  judg- 
ments, be  under  a  necessity — on  pam  of  being  deprived 
of  their  legislative  authority — of  enforcing  the  man- 
dates of  a  British  parliament." 

Massachusetts  Bay,  as  I  have  said  before,  because  of 
her  extended  commerce  and  her  more  spirited  resist- 
ance to  the  collection  of  the  revenues  imposed  by  par- 
liament, became  the  object  of  ministerial  vengeance. 
And  the  officers  and  agents  of  the  British  government 
were  here  more  numerous,  and  more  active  in  enforcing 
their  collection. 


430 


THE   GOVERNMENTAL   HISTORY   OP 


Part  III. 


ORIGIN    AND    CAUSES    OF    TIIK    REVOLUTION. 


Restrain- 
ing act 
against 
New  York, 
how  re- 
ceived in 
America, 


Circular 
address  on 
American 
affairs  by 
the  colony 
of  Massa- 
chusetts 
Bay,  Feb., 
1768. 


Motive  of 
the  ad- 
dress. 


Constitu- 
tional 
rights  of 
the  colo- 
nies. 


Hence  earlj  in  the  next  year,  licr  general  court 
addressed  a  petition  to  the  king  and  letters  to  several 
members  of  the  administration  party  in  England ;  and 
also  prepared  the  circular  address,  above  alluded  to, 
and  transmitted  a  copy  of  it  to  the  speaker  of  the 
assembly  of  each  of  the  several  colonies.  The  senti- 
ments contained  in  this  circular  were  readily  responded 
to  throughout  the  country  in  the  same  tone  with  the 
above  response  from  Virginia.  It  presents  so  just 
and  comprehensive  a  view  of  the  position  assumed  by 
all  of  the  colonies,  at  this  crisis,  that  I  consider  it  due 
to  the  design  of  this  work  to  insert  it  here  at  length. 
It  proceeds: 

"  Sir.  The  House  of  Representatives  of  this  Prov- 
ince, have  taken  into  their  consideration  the  difficulties 
that  must  accrue  to  themselves  and  their  constituents, 
by  the  operation  of  the  several  acts  of  parliament,  im- 
posing duties  and  taxes  on  the  American  colonies.  As 
it  is  a  subject  in  which  every  colony  is  deeply  interested, 
they  have  no  reason  to  doubt  but  your  House  is  duly 
impressed  with  its  importance,  and  that  such  constitu- 
tional measures  will  be  come  into  as  are  proper.  It 
seems  to  be  necessary  that  all  possible  care  should  be 
taken  that  the  representatives  of  the  several  assemblies, 
upon  so  delicate  a  point,  should  harmonize  with  each 
other.  The  House,  therefore,  hopes  that  this  letter  will 
be  candidly  considered  in  no  other  light  than  as  express- 
ing a  disposition  freely  to  communicate  their  mind  to  a 
sister  colony,  upon  a  common  concern,  in  the  same 
manner  as  they  would  be  glad  to  receive  the  sentiments 
of  your,  or  any  other  House  of  Assembly  on  the  conti- 
nent." 

"  The  House  have  humbly  represented  to  the  min- 
istry their  own  sentiments;  that  his  majesty's  high 
court  of  parliament  is  the  supreme  legislative  power 
over  the  whole  empire ;  that  in  all  free  states  the  con- 
stitution is  fixed :  And,  as  the  supreme  legislative  de- 
rives its  power  and  authority  from  the  constitution,  it 


THE   UNITED   STATES   OF   AMERICA.  401 

THE    COMMERCIAL    SYSTEM.  OF    TAXATION.  PaKT    III. 

cannot  overleap  the  bounds  of  it  without  destroying  its  circular 
foundation  ;  tliat  the  constitution  ascertains  and  limits  address  to 
both   sovereignty  and  allegiance;   and,  therefore,  hisnies,  by 
majesty's  American  subjects,  who  acknowledge  them- ^/i^^gg"^ 
selves  bound  by  the  ties  of  allegiance,  have  an  equita- ^"y' Peb- 
ble claim  to  the  full  enjoyment  of  the  fundamental  rules 
of  the   British  constitution.     That  it  is  an  essential, 
unalterable  right  in  nature,  ingrafted  into  the  British 
constitution  as  a  fundamental  law,  and  ever  held  sacred 
and  irrevocable,  by  the  subjects  within  the  realm,  that 
what  a  man  hath  honestly  acquired  is  absolutely  his 
own,  which  he  may  freely  give,  but  which  cannot  be 
taken  from  him  without  his  consent ;  that  the  Ameri- 
can subjects  may  therefore,  exclusive  of  any  considera- 
tion of  charter  rights,  with  a  decent  firmness,  adapted  tiona/  "' 
to  the  character  of  freemen   and  subjects,  assert  this  "s^^^^  ^^ 
natural  and  constitutional  right.  nies, 

"//!  is,  moreover,  their  humble  opinion,  which  they 
express  with  the  greatest  deference  to  the  wisdom  of 
parliament,  that  the  acts  made  there,  imposing  duties 
on  the  people  of  this  province,  with  the  sole  and  express 
purpose  of  raising  a  revenue,  are  infringements  of  infringed 
their  natural  and  constitutional  rights  ;  because,  as  they  ^Q^t^  ^ 
are  not  represented  in  the  British  parliament,  his  maj- 
esty's commons  in  Britain,  by  those  acts,  grant  their 
property  without  their  consent. 

"  This  House  are  further  of  the  opinion,  that  their  Colonial 
constituents,  considering  their  local  circumstances,  can- ^pP''^^^°*^' 

.  tion  in 

not  by  any  possibility  be  represented  in  the  parliament ;  parliament 
and   that   it   will    forever   be  impracticable  that  they ''"P"'^^'''^®' 
should  be  equally  represented  there,  and  consequently 
not  at  all,  being  separated  by  an  ocean  of  a  thousand 
leagues ;  that  his  majesty's  royal  predecessors,  for  this 
reason,  were  graciously  pleased  to  form  a  subordinate  Parlia- 
legislative  here,  that  their  subjects  might  enjoy  the  in-"axatk)n 
alienable  right  of  a  representation.     Also,  tliat  consid- P^^^'^'"'^^^®- 
cring   the  utter  impracticability  of  their  ever   being 
fully  and  equally  represented  in  parliament,  and  tho 


432       ^  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.  origin  and  causks  of  the  revolution. 

Circular     great  expense  that  must  unavoidablj  attend  even  a  par- 
Scdo-°  tial  representation  there,  this  house  think,  that  a  taxa- 
nies  by  the  tion  of  their  constituents,  even  without  their  consent 
Mass.  Bay,  grievous  as  it  is,  would  be  preferable  to  any  reprcsenta- 
Feb.  1768.  ^j^j^  ^j-^^^^  could  be  admitted  for  them  there. 

"  Upon  these  principles,   and  also   considering  that 
were  the  right  in  parliament  ever  so  clear,  yet,  for  ob- 
vious reasons,  it  would  be  beyond  the  rule  of  equity 
Commer-    that  their  constituents  should  be  taxed  on  the  manufac- 
tion^u^'^'    tures  of  Great  Britain  here,  in  addition  to  the  duties 
equitable,  they  pay  for  them  in  England,  and  other  advantages 
arising  to  Great   Britain  from  the    acts  of  trade,  this 
house   have   preferred   a  humble,  dutiful,   and   loyal 
petition   to  our  most  gracious  sovereign  ;    and  made 
such  representations  to  his  majesty's  ministers  as  they 
apprehend  would  tend  to  obtain  redress.     They  have 
also  submitted  to  his  consideration,  whether  any  people 
Interfer-    Can  be  said  to  enjoy  any  degree  of  freedom,  if  the  crown, 
ence  of  the  jj^  addition  to  its  undoubted  authority  of  constituting 

crown  with  ... 

their  gov-  a  governor,    should   appoint   him   such  a  stipend  as  it 
ernmeu ,    q\^^\\  judge  proper,  without  the  consent  of  the  people, 
and  at  their  expense  ?     And  whether  while  the  judges 
of  the  land,  and  other  civil  officers,  hold  not  their  com- 
missions during  good  behavior,   their  having  salaries 
appointed  for  them  by  the  crown,  independent  of  the 
people,  hath  not  a  tendency  to  subvert  the  principles 
of  equity,  and  endanger  the  happiness  and  security  of 
the   subject  ?     In  addition  to  these  measures  the  House 
have   written  a  letter   to  their  agent,  Mr.  de    Berdt, 
the  sentiments  of  which  he  is  directed   to  lay  before 
Ilarcishins  ^^^®  ministry ;  wherein  they  take  notice   of  the  hard- 
of  the  niu-  ships  of  tlic  act  for  preventhig  mutiny  and  desertion, 
which  requires    the  governor  and  council   to  provide 
enumerated   articles   for  the  king's    marching   troops 
and  the  people  to  pay  the  expense  :   And  also  the  com- 
Commis-     mission  of  the  gentlemen  appointed  commissioners  of 

sioners  of  i\^q  customs   to   reside  in  America,  which  authorizes 
customs.  .  1  1  •    1    /» 

them  to  make  as  many  appointments  as  they  think  fit, 


THE   UNITED    STATES   OF   AMERICA.  433 

THK    COMMKUCIAL    SYSTEM    OF    TAXATION.  I'aKT    III. 

and  to  pay  the  appointees  what  sums  they  please,  for  circular 
whose   mal-conduct   they  are   not   accountable  ;   from  \^'^^^f^  on 

•'  '  American 

whence  it  may  happen  that  officers  of  the  crown  may  aftUirs,  by 
be  multiplied  to  sucli  a  degree  as  to  become  dangerous  oJVass^"^ 
to  the  liberties  of  the  people,  by  virtue  of  a  commis- ^^^.y.  *'eb. 
sion  wliich  doth  not  appear  to  this  House  to  derive  any 
such  advantages  to  trade  as  many  have  been  led  to 
expect. 

^'- These   cure   the   sentiments   and  procedure   of    this  Misrepre- 
House,  and  as  they  have  too  much  reason  to  believe  that  t^^i^g^  ° 
the  enemies  of  the  colonies  have  represented  them  to  his  crown  and 
majesty's  ministers  and  the  parliament  as  factious,  dis-ment. 
loyal,  and  having  a  disposition  to  make  themselves  in- 
dependent of  the  mother  country,  they  have  taken  oc- 
casion, in  the  most  humble  terms,  to  assure  his  majesty 
and  his  ministers,  with    regard  to   the    people  of  this 
province,  and  they  doubt  not  of  all  the  colonies,  the 
charge   is   unjust.     The   House   is  fully  satisfied  that 
your  assembly  is  too  generous  and  enlarged  in  senti- 
ment to  believe  that  this  letter  proceeds  from  an  ambi-  Spirit  and 
tion  of  taking  the  lead,  or  dictating  to  the  other  as- ^j^'f'^^^®^ 
semblies.     They   freely  submit    their   opinion   to   the  dress, 
judgment  of  others,   and  shall  take  it  kind  in  your 
House  to  point  out  to  them  anything  further  that  may 
be  thought  necessary. 

"This  House  cannot  conclude  without  expressing 
their  firm  confidence  in  the  king,  our  common  head  and 
father,  that  the  united  and  dutiful  supplications  of  his 
distressed  American  subjects  will  meet  with  his  royal 
and  favorable  acceptance. 

^^ Province  of  Massachusetts  Bay,  Feb.  11,  1768." 


The  effect  of  this  circular  address  was,  to  produce  a  Its  effect, 
general  union  of  the  colonies  in  suspending  the  im- 
portation and  use  of  all  fabrics  of  British  manufacture. 
The  motto  of  their  associations  was  the  expressive 
sentiment,  thenceforth  sacred  to  all  true  Americans, 
United  we  conquer,  divided  ave  die.  This  constitu- 
28 


434  THE   GOVERNMENTAL   HISTORY   OF 


Part  III.  origin  and  causes  of  the  revolution. 

General  tlonal  mode  of  opposition  to  the  measures  of  the  min- 
The'^oio-  ^^^^'y  ^^^®  ^^  ^^  pretty  generally  adopted  in  the  nortli- 
nies  in  ern  and  more  commercial  colonies,  till  at  length  it  ex- 
taUoiT^^'^' tended  not  only  to  British  manufactures,  but  to  the 
1168-69.  importation  of  all  articles  subject  to  taxation.  In  ac- 
cordance with  it  such  goods,  on  their  arrival  in  this 
country,  were  at  once  reshipped  to  England. 

In  referring  to  these  measures,  in  a  letter  addressed 
from  Mount  Vernon  to  Mr.  George  Mason  while 
they  were  yet  in  active  progress,  Washington  thus 
expresses  himself: — "  At  a  time,  when  our  lordly  mas- 
ters in  Great  Britain  will  be  satisfied  with  nothing  less 
than  the  deprivation  of  American  freedom,  it  seems 
higldy  necessary  that  something  should  be  done  to 
avert  the  stroke,  and  maintain  the  liberty  which  we 
have  derived  from  our  ancestors.  But  the  manner  of 
Washing-   doing  it,  to  answer  the  purpose  effectually,  is  the  point 

ton  on  the  .  . . 

times,  and  m  quCStlOU. 

measures        "That  uo  man  should  scruple,  or  hesitate  a  moment, 

of  resist-  .        T    ^  /.  1       ,  r  i  i        • 

ance,  to  use  arms  ni  defence  of  so  valuable  a  blessing,  is 
1769*  clearly  my  opinion.  Yet  arms,  I  would  beg  leave  to 
add,  should  be  the  last  resource,  the  dernier  resort. 
We  have  already,  it  is  said,  proved  the  in  efficacy  of 
addresses  to  the  throne,  and  remonstrances  to  parlia- 
ment. How  far,  then,  their  attention  to  our  rights  and 
privileges  is  to  be  awakened  or  alarmed,  by  starving 
their  trade  and  manufactures,  remains  to  be  tried.  The 
northern  colonies,  it  appears,  are  endeavoring  to  adopt 
this  scheme. 

"  In  my  opinion  it  is  a  good  one,  and  must  be  nttcnded 
with  salutary  effects,  provided  it  can  be  carried  pretty 
generally  into  execution.  But  to  what  extent  it  is 
practicable  to  do  so,  I  will  not  take  upon  me  to  deter- 
mine. That  there  will  be  a  difficulty  attending  the 
execution  of  it  everywhere,  from  clashing  interests,  and 
selfish,  designing  men,  ever  attentive  to  their  own  gain, 
and  watchful  of  every  turn  that  can  assist  their  lucra- 
tive views,  cannot  be  denied;  and  in  the  tobacco  colo- 


THE   UNITED    STATES   OP   AMERICA.  435 

THE    COMMr.i:"IAL    SYSTK5I    OF    TAXATION.  PaRT    III. 

nies,  whore  the  trade  is  so  diffused,  and  in  a  manner  Gonorai 
wholly  conducted  by  factors  for  their  principals  at  home  ti,e  co!o- 
Cin  England,")  these  difficulties  are  certainly  enhanced,  """^.i" 

^  °  '^        _  ^  •'  ^  non-iiiipor- 

but  I  think  not  insurmountably  increased,  if  the  gen-tation, 
tlemen  in  their  several  counties  will  be  at  some  pains  '^^"^'*- 
to  explain  matters  to  the  people,  and  stimulate  them  to 
cordial  agreements  to  purchase  none  but  certain  enu- 
merated articles,  out  of  any  of  the  stores,  after  a  defi- 
nite period,  and  neither  import  nor  purchase  any  them- 
selves. This,  if  it  should  not  effectually  withdraw  the 
factors  from  their  importations,  would  at  least  make 
them  extremely  cautious  in  doing  it,  as  the  prohibited 
goods  could  be  vended  to  none  but  the  non-associators, 
or  those  who  would  pay  no  regard  to  their  association ; 
both  of  whom  ought  to  be  stigmatized,  and  made  the 
objects  of  public  reproach. 

"  The  more  I  consider  a  scheme  of  this  sort,  the  more  "Washing- 
ardently  I  wish  success  to  it,  because  I  think  there  are  tl'mes'ancr 
private  as  well  as  public  advantages  to  result  from  it,  measures 
the  former  certain,  however  precarious  the  other  may  ance,  1769. 
prove.     In  respect  to  the  latter,  I  have  always  thought, 
that  by  virtue  of  the  same  power  which  assumes  the 
right  of  taxation,  the  parliament  may  attempt  at  least 
to  restrain  our  manufactures,  especially  those  of  a  pub- 
lic naturCj  the  same  equity  and  justice  prevailing  in  the  Paiiia- 
one  case  as  in  the  other,  it  being  no  greater  hardship  [^xaUon 
to  forbid  my  manufacturing,  than  it  is  to  order  me  to 
buy  goods  loaded  with  duties  for  the  express  purpose 
of  raising  a  revenue.     But  as  a  measure  of  this  sort 
would  be  an  additional  exertion  of  arbitrary  power,  wc 
cannot  be  placed  in  a  worse  condition,  I  think,  by  put- 
ting it  to  the  test. 

"On  the  other  hand,  that  the  colonies  are  consider- 
ably indebted  to  Great  Britain,  is  a  truth  universally 
acknowledged.  That  many  families  are  reduced  almost, 
if  not  quite,  to  penury  and  want  by  the  low  ebb  of  their 
fortunes,  and  that  estates  are  daily  selling  for  the  dis- 
charge of  debts,  the  public  papers  furnish  too  many 


436  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.  origin  and  c\csks  of  the  rp:volution. 

General  melancholy  proofs.  That  a  scheme  of  this  sort  will  con- 
t'lo  colo-  tribute,  more  efiectually  than  any  other  that  can  be 
liies  ill       devised,  to  extricate  the  country  from  the  distress  it  at 

iioii-impor-  P        T      1     T 

ti'.tion,        present  labours  under,  i  most  lirmly  believe,  if  it  can 

iVoS-GO.    jjg  generally  adopted.     And  I  can  see  but  one  class  of 

people,  the  merchants  excepted,  who  will  not,  or  ought 

not,  to  wish  well  to  the  scheme,  namely,  they  who  live 

genteelly  and   hospital)ly   on    clear  estates.     Such  as 

•■Washing- these*  wcrc  they  not  to  consider  the  valuable  object  in 

t.ii.s  class,   view,  and  the  good  of  others,  might  think  it  hard  to  be 

curtailed  in  their  living  and  enjoyments.     As  to  the 

penurious  man,  he  would  thereby  save  his  money  and 

his  credit,  having  the  best  plea  for  doing  that,  which 

before,  perhaps,  he  had  the  most  violent  straggles  to 

Wasliing-   refrain  from  doing.      The  extravagant  and  expensive 

times  and  11^^11  ^^^^  the  same  good  plea  to  retrench  his  expenses. 

measures    jjq  ^quM  bo  furnished  with  a  pretext  to  live  within 

of  resist-  ,  -^  _ 

ance,  1769.  bounds,  and  embrace  it.  Prudenc;^  dictated  economy 
before,  but  his  resolution  was  too  weak  to  put  it  in 
practice.  'For  how  can  I,'  says  he,  'who  have  lived 
in  such  and  such  a  manner,  change  my  method?  I  am 
ashamed  to  do  it,  and,  besides,  such  an  alteration  in  the 
system  of  my  living  will  create  suspicions  of  the  decay 
of  my  fortune,  and  such  a  thought  the  world  must  not 
harbour.'  He  continues  his  course,  till  at  last  his 
estate  comes  to  an  end,  a  sale  of  it  being  the  conse- 
quence of  his  perseverance  in  error.  And  in  respect 
to  the  needy  man,  he  is  only  left  in  the  same  situation 
he  was  found  in,  better,  I  may  say,  because,  as  he 
judges  from  comparison,  his  condition  is  amended  in 
proportion  as  it  approaches  nearer  to  those  above  him. 
He  com-  "Upon  the  whole,  therefore,  I  think  the  scheme  a 
™hcme  of  good  One,  and  that  it  ought  to  be  tried  here,  with  such 
non-impor- alterations   as   our    circumstances    render    absolutely 

tation.  -r.        •  1        •       ii  1      • 

necessary.  But  in  what  manner  to  begin  the  work,  is 
a  matter  worthy  of  consideration.  Whether  it  can  be 
attempted  with  propriety  or  efficacy,  furtlier  than  a 
communication  of  sentiments   to  one  another,  before 


THE   UNITED    STATES   OP   AMERICA.  437 

THE    COMMERCIAL    SYSTEM    OF    TAXATION  PaRT    III. 

May,  when  the  Court  and  Assembly  will  meet  at  Wil-  General 
liamsburg,  and  a  uniform  plan  can  be  concerted,  and  ii'y^^jQi*^. 
sent  into  the  diflfcrent  counties  to  operate  at  the  same  """^'^ '" 

non-impor- 

time  and  in  the  same  manner  everywhere,  is  a  thing  tation, 
upon  which  I  am  somewhat  in  doubt;  and  I  should  be  I'^'^S"^^-    • 
glad  to  know  your  opinion.     I  am,  &c."* 

This  letter  was  addressed  to  one  of  the  most  distin- 
guished and  leading  men  of  the  colony  of  Virginia. 
The  correspondence  is  an  exceedingly  int(?resting  and 
important  one,  as  showing  the  condition  of  affairs  in 
America,  and   the  opinions  of  the  best  minds  in  the 
country  respecting  them.     Mr.  Mason  replied,  on  the 
same  day,  as  follows:     "^I  entirely  agree  with  you,  that  Opinion  of 
no  regular  plan  of  the  sort  proposed  can  be  entered  ^j^^^l^^j^j^ 
into  here,  before  the  meeting  of  the  General  Court  atf'^piy  to 
least,  if  not  of  the  Assembly.     In  the  mean  time  it  may  tou,  1769. 
be  necessary  to  publish  something  preparatory  to  it  in 
our  gazettes,  to  warn  the  people  of  the  impending  dan- 
ger, and  induce  them  the  more  readily  and  cheerfully 
to  concur  in  the  proper  measures  to  avert  it ;  and  some- 
thing of  this  sort  I  had  begun,  but  am  luckily  stopped 
by  a  disorder  which  affects  my  head  and  eyes.     As  soon 
as  I  am  able,  I  shall  resume  it,  and  then  write  you 
more  fully  or  endeavor  to  see  you.     In  the  mean  time 
pray  commit  to  writing  such  points  as  may  occur. 

"  Our  all  is  at  stake,  and  the  little  conveniences  and 
comforts  of  life,  when  set  in  competition  with  our  lib- 
erty, ought  to  be  rejected,  not  with  reluctance,  but  A^^th 
pleasure.     Yet  it  is  plain  that  in  the  tobacco  colonies, 
we  cannot,  at  present,  confine  our  importations  within 
such  narrow  bounds,  as  the  northern  colonies.     A  plan 
of  this  kind,  to  be  practicable,  must  be  a'dapted  to  our 
circumstances;  for  if  not  steadily  executed,  it  better 
have   remained    unattempted.     "We   may  retrench  all*2Fparks' 
manner  of  superfluities,  finery  of  all  descriptions,  and  ^f "y^fjt 
confine  ourselves  to  linens,  woollens,  &c.,  not  exceed- ington. 
ing  a  certain  price.     It  is  amazing  how  much  this  prac- 
tice, if  adopted  in  all  the  colonies,  would  lessen  the 


438  THE   GOVERNMENTAL    HISTORY   OP 

Part  III.  origin  and  causes  of  the  revolution. 

General     American  imports,  and  distress  the  various  traders  and 

the  coio-    manufacturers  in  Great  Britain. 

nies  in  "This  would  awaken  their  attention.     Thev  would 

non-impor-  i  i    /»     i      i 

tation,       see,  they  would  feel,  the  oppressions  we  groan  under, 
•  ^^'^^~*^^-    and  exert  themselves  to  procure  us  redress.     This  once 
obtained,  we  should  no  longer  discontinue  our  impor- 
tations, confining  ourselves  still  not  to  import  any  arti- 
cle that  should  hereafter  be  taxed  by  act  of  parliament 
for  raising  a  revenue  in  America ;  for  however  singular 
I  may  be  in  my  opinion  I  am  thoroughly  convinced, 
that,  justice  and  harmony  happily  restored,  it  is  not  the 
interest  of  these  colonies  to  refuse  British  manufactures. 
Our  supplying  our  mother  country  with  gross  materials, 
Opinion  of  and  taking  her  manufactures  in  return,  is  the  true 
Mason,  in  cliain  of  Connexion  between  us.     These  are  the  bands 
Wa'"hi*n      "^^'^licli,  if  uot  broken  by  oppression,  must  long  hold  us 
ton,  1769.  together,  by  maintaining  a  constant   reciprocation  of 
interest.     Proper  caution  should,  therefore,  be  used  in 
drawing  up  tlie  proposed  plan  of  association.     It  may 
Non-ex-     iiot  bc  unwise  to  let  the  ministry  understand,  that,  until 
pcirtation    ^^q  obtain  a  redress  of  grievances,  we  will  withhold  from 

suggested,  _  _    °  '  _ 

as  an  addi-  them  our  Commodities,  and  particularly  refrain  from 
taUatory'  i^^^^ing  tobacco ;  b?/  ivhich  the  revenue  would  lose  fifty 
measure,    times  more  than  all  their  oppressions  could  raise  here. 

"  Had  the  hint,  which  I  have  given  with  regard  to 

the  taxation  of  goods  imported   into  America,  been 

writiiio-s     thought  of  by  our  merchants  before  the  repeal  of  the 

of  Wash-   Stamp  Act,  the  late  American  revenue  acts  would  pro- 

ingtou,  ^  '  * 

note.         bably  never  have  been  attempted."* 

The  assembly  of  Virginia  met  in  the  month  of  May, 
and  passed  a  series  of  very  strong  resolutions  touching 
the  rights  of  the  colonies.  This  so  alarmed  governor 
Botetourt,  then  but  recently  arrived  in  the  colony, 
that  he  dissolved  the  assembly.  The  burgesses,  imme- 
diately after  their  dispersion  from  the  public  hall,  re-as- 

ings  in       scmblcd  at  a  private  house  in  "Williamsburg,  appointed 

Virginia,  g^  moderator,  and  assented  unanimously  to  a  non-impor- 
May,  1769.        .  '  ,  ,   ,  .  i    ,  i 

tation  agreement,  which  was  signed  by  every  member 


THE   UNITED   STATES   OF   AMERICA.  439 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

present,  and  circulated  for  signatures  throughout  the 
colony. 

These  articles  of  association,  as   they  were  called,  Order  for 
were  drafted  by  Mr.  Mason,  and  by  him  entrusted  to  Je^'queutry^" 
Washington,  who  was  then  a  member  of  the  house  of  sent  to 
burgesses  and  procured  their  adoption  by  the  assembly.  Mr.  Mason, 
They  embodied  substantially  the  views  and  plans  set 
forth  in  the  foregoing  correspondence  between  them. 
In  writing  afterwards  to  London,  for  supplies  for  his 
plantation,  Mr.    Mason    says    to    his  correspondent — 
"  You  will  perceive,  in  looking  over  the  several  invoices, 
that  some  of  the  goods  there  required,  are  upon  condi- 
tion that  the  act  of  parliament  imposing  a  duty  on  tea, 
paper,  etc.,  for   the  purpose   of  raising  a  revenue  in 
America,  is  totally  repealed:  and  I   beg  the  favor  of 
you  to  be  governed  strictly  thereby,  as  it  will  not  be  in 
my  power  to  receive   any  articles  contrary  to  our  non- 
importation agreement,  whicli  I  have  subscribed,  and  ^.i^itin^^g  of 
shall  religiously  adhere  to,  and  should  if  it  were,  as  I  Washing- 
could  wish  it  to  be,  ten  times  as  strict."*  ' 

This  system  of  retaliation  and  resistance,  as  we  have 
observed,  was  adopted  by  the  northern  colonies  soon 
after   the   passage   of    the    duty    act    was    known    in 
America,  and   had  already  produced  great  excitement 
and  alarm  among  the  traders  and  merchants  in  Eng- 
land.    The  plan  being  also  adopted  in  the  southern  Lord  mils- 
colonies,  after  the  example  of  Virginia,  only  added  to  cScuifr*^'^ 
the  disastrous  consequences.     Before  the  proceedings  letter  to 
in  Virginia  were   known   in   England,  however,   andnies^Vaj 
while  such  was  the  aspect  of  affairs  in  America,  Lord  ^^'  ^'^®^- 
Hillsborough,  the  then  secretary  of  state  for  the  colo- 
nies, prepared   his    celebrated  public  circular  letter,  a 
copy  of  which  he  inclosed  to  governor   Botetourt,  in 
which  he  said — 

"I  can  take  upon  me  to  assure  you,  notwithstanding  Private  let- 
insinuations  to  the  contrary  from  men  with  factious  and  l^""  ^^  ^®^- 

]•,.  .  ,,         ,  .  .  ,  Botetourt 

seditious  views,  that  his  majesty's  present  administra- of  Va. 

tion  have  at  no  time  entertained  a  design  to  propose  to 


440  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.  origin  and  causes  of  the  revolution. 


Lord  Hills-  parliament  to  lay  any  further  taxes  upon  America  for  the 
circuufi-''^  purpose  of  raising  a  revenue,  and  that  it  is  at  present 
letter,  their  intention  to  propose,  the  next  session  of  parlia- 
ment, to  take  off  the  duties  upon  glass,  paper,  and  col- 
Duties  to  ors,  upon  consideration  of  such  duties  having  been 
ofif.  laid  contrary  to  the  true  principles  of  commerce. 

"  These  have  always  been,  and  still  are,  the  senti- 
ments of  his  majesty's  servants  ;  and  by  which  their 
conduct  in  respect  to  America  has  been  governed.  And 
his  majesty  relies  upon  your  prudence  and  fidelity  for 
such  an  explanation  of  his  measures,  as  may  tend  to 
remove  the  prejudices  which  have  been  excited  by  the 
misrepresentations  of  those  who  are  enemies  to  the 
peace  and  prosperity  of  Great  Britain  and  her  colonies  ; 
and  to  re-estaljlish  that  mutual  confidence  and  affection 
^ ,  .  upon  which  the  glory  and  safety  of  the  British  empire 
Archives,   depend."* 

Governor       In  couimunicating  the  sentiments  and  assurances  of 
?°*^;        this  letter  to  the  general  assembly,  Governor  Botetourt 

tourt  com-  o  ./?<_-  ^ 

municates  said — "It  may  be  objected  that,  as  his  majesty's  present 

aesemblv.  administration  are  not  immortal,  their  successors  may  be 
inclined  to  attempt  to  undo  what  the  present  ministry 
shall  have  attempted  to  perform  ;  and  to  that  objection 
I  can  give  but  this  answer,  that  it  is  my  firm  opinion, 
that  the  plan  I  have  stated  to  you  will  certainly  take 
place,  and  that  it  will  never  be  departed  from ;  and  so 
determined  am  I  forever  to  abide  by  it,  that  I  will  be 
content  to  be  declared  infamous,  if  I  do  not  to  the 
last  hour  of  my  life,  at  all  times,  in  all  places,  and  upon 
all  occasions,  exert  every  power  with  which  I  either  am, 
or  ever  shall  be,  legally  invested,  in  order  to  obtain  and 
maintain  for  the  continent  of  America  that  satisfaction 
which  I  have  been  authorized  to  promise  this  day  by 
the  confidential  servants  of  our  gracious  sovereign, 
who,  to  my  certain  knowledge,  rates  his  honor  so  high, 
that  he  would  rather  part  with  his  crown  than  preserve 
it  by  deceit." 

Such  assurances,  emanating  from  so  distinguished  a 


THE   UNITED    STATES   OF   AMERICA.  441 

THE    COMMKUCIAL    SYSTEM    OK    TAXATION'.  PaRT    III. 

source,  were  confided  in  by  the  people  of  Virginia,  and  Effect  of 
for  a  while  produced  a  partial  relaxation  of  their  hos-  l^^^l'^^^^l^^' 
tile  measures.     In  the  northern  colonies  the  assurances  circular 
contained  in  the  circular  letter  of  Lord  Hillsborough  America. 
were  regarded  with  some  degree  of  satisfaction,  but  not 
being   so    fully  endorsed   by  the   agents  of  the  crown 
there,  as  by  the  governor  of  Virginia,  they  were  re- 
ceived  with   more  characteristic  caution.     It  was  not 
enough  for  them  to  be  told  that  "  it   was  the  design 
of  the  ministry  to  propose  to  parliament  to  lay  no  fur- 
ther taxes   upon  America  for  the  purpose  of  raising 
a  revenue,"  and  "  to  take   off  the    duties   on   certain 
specified   articles,"  while  they  still  retained  them  on 
others.     The  right  claimed   by  parliament  to  lay  any  The  true 
tax  upon  them  without  their  consent,  was  the  basis  jIj!^"";^. 
of  their  opposition  to  all  these  enactments.     The  idea  faction, 
of  retaining  any  part  of  the  duties  imposed  was  abhor- 
rent to  their  notions  of  justice,  and  they  chose  rather 
to  wait  the  action  of  the  ministry  and  of  parliament, 
before  they  abandoned  their  hostile  attitude. 

Meanwhile  the   compact  of   non-importation   which  Effect  of 
they  had  formed,  was  producing  its  legitimate  fruits  of  Qon-'mpor- 

•'     ,  '  ^  o  o  tation  m 

suffering  and  embarrassment  among  the  manufacturers  England, 
and  merchants  in  England,  and  united  those  classes  in 
endeavoring  to   procure   a   repeal   of    the   new  duty 
act.     The  home-opposition    thus    arrayed   against  the 
measure  was  too  powerful  to  be  disregarded,  while  the 
proceedings  in  America  were  becoming  more  and  more 
decidedly  hostile   and  alarming.     In  March  following.  Repeal  of 
the  "proposed  design"  was  developed  by  the  introduc-^pjQff/g^ 
tion  of  a  bill  into  parliament  by  Lord  North,  now  the  March, 
leader  of  the  administration  party,  repealing  part  of 
the  taxes  imposed  by  the  recent  commercial  act,  leav- 
ing only  an   impost   of   three   pence  per  pound   upon 
tea. 

Such  was  the  shifting  and  shallow  policy  of  the  gov-Reserva- 
ernment   of    Great    Britain    toward   her   colonies   jnt'ononthe 

repeal. 

America.     "  Under   one  administration,"  in  the  Ian- 


442 


THE   GOVERNMENTAL   HISTORY   OF 


Part  III. 


ORIGIN    AND    CAUSES    OF    THE    REVOLUTION. 


Junius,  ou 
adminis- 
tration 
measures. 


*  Junius' 
Letters. 


f  The  re- 
straining 
act  against 
New  York. 


guage  of  Junius,  "  the  Stamp  Act  is  made,  under  the 
second  it  is  repealed ;  under  the  third,  in  spite  of  all 
experience,  a  new  mode  of  taxing  the  colonies  is  in- 
vented, and  a  question  revived  which  ought  to  have 
been  buried  in  oblivion.  In  these  circumstances  a  new 
office  is  established  for  the  business  of  the  plantations, 
and  the  Earl  of  Hillsborough  called  forth,  at  a  most 
critical  season,  to  govern  America." 

The  new  mode  of  taxing  the  colonies  here  referred 
to,  is  that  which  I  have  denominated  the  commercial 
system  of  taxation.  The  new  office  established  was 
that  of  Secretary  of  State  for  the  colonies,  in  which 
Lord  Hillsborough  was  made  the  incumbent.  The 
repeal  of  the  new  revenue  act  was  recommended  by 
him,  and  made  upon  consideration  that  the  former  duties 
were  laid  contrary  to  the  true  principles  of  commerce. 

"The  Earl  of  Hillsborough,"  says  Junius  again,* 
"was  a  man  of  superior  capacity  and  knowledge.  As 
for  his  measures,  let  it  be  remembered  that  he  was 
called  upon  to  conciliate  and  unite  ;  and  that  when  he 
entered  into  office,  the  most  refractory  of  the  colonies 
were  still  disposed  to  proceed  by  the  constitutional 
methods  of  petition  and  remonstrance.  Since  that 
period  they  have  been  driven  into  excesses  little  short 
of  rebellion.  Petitions  have  been  hindered  from  reach- 
ing the  throne,  and  the  continuance  of  one  of  the 
principal  assemblies  rested  upon  an  arbitrary  condi- 
tion,! which,  considering  the  temper  they  were  in,  it  was 
impossible  they  should  comply  with ;  and  which  would 
have  availed  nothing  as  to  the  general  question,  if  it 
had  been  complied  with.  While  we  are  at  peace  with 
other  nations,  our  military  force  may,  perhaps,  be 
spared  to  support  the  Earl  of  Hillsborough's  measures 
in  America.  Whenever  that  force  shall  be  necessarily 
withdrawn  or  dismissed,  the  dismission  of  such  a  min- 
ister will  neither  console  us  for  his  imprudence,  nor 
remove  the  settled  resentment  of  a  pco])lc,  who,  com- 
plaining of  an  act  of  the  legislature,  are  outraged  by 


THE  UNITED   STATES  OP  AMERICA.  443 


THE    REVENUE    SYSTEM    OF    TAXATION.  PaRT    III, 


an  unwarrantable  stretch  of  prerogative  ;  an9,  support- 
ing their  claims  by  argument,  are  insulted  with  decla- 
mation." 

But  what  was  this  so  much  vaunted  idea  of  "  taxa- The  reser- 
tion  according  to  the  true  principles  of  commerce  "?  [j^^'°"  ^^ 
The  imposition  of  duties  was  repealed  upon  the  articles  of  the 
of  paper,  paints,  red  lead,  white  lead  and  glass,  which  of  17 67. 
were  all  articles  of  British  manufacture  ;  and  continued 
upon  tea  alone,  which  was  not  an  article  of  British 
growth  or  manufacture,  but  a  product  of  commercial 
importation.     This  is  the  first  practical  and  exclusive 
illustration  we  have  of  this  distinctive  principle  of  com- 
mercial taxation.     Wherein  then  does  it    differ  from 
the  other  ?     Could  the  mere  fact  that  the  dutj  is  laid 
"upon  a  product  of  trade  make  it  any  more  constitu- 
tionally proper  to  exact  it  without  the  consent  of  the 
colonies  ?     It  was  indeed  aptly  characterized  by  Sir 
Edmund  Burke,*  as  "a  tax  of  sophistry,  a  tax  of  ped-*i  Burke'a 
antry,  a  tax  of  disputation,  a  tax  of  war  and  rebellion,    ^^  ^* 
a  tax  for  anything  but  benefit  to  the  imposers,  or  satis- 
faction to  the  subject." 

Such,  however,  was  the  limit  to  the  repeal,  and  such  First  effect 
the  reservation  upon  which  the  right  of  parliamentary  pg J  f^  ^^' 
taxation  was  still  upheld.     The  first  effect  of  the  repeal  America, 

1770—72 

in  America,  was  to  revive  the  commercial  intercourse 
between  the  two  countries  in  all  the  other  articles 
specified,  except  tea.  This  article  still  came  within 
the  restrictions  of  their  compact  of  non-importation, 
and  continued  to  be  with  them  a  contraband.  Mean- 
while their  trade  with  the  mother  country  was  exten- 
sively renewed,  quiet  was  to  a  great  extent  restored, 
while  the  principles  of  constitutional  liberty  were  more 
dispassionately  considered  by  all  parties  in  America. 
The  people  became  more  generally  informed  of  their 
rights,  and  the  colonies  began  to  understand  their  true  Growth  of 
position  and  relations  with  the  parent  state.     A  careful  -^  "o^e 

.  .  .  general 

mvestigation  of  then'  foreign  relations  discovered  to  dissatisfac- 
them  the  injustice  of  many  parliamentary  restrictions  ^'*^"' 


444 


THE   GOVERNMENTAL    HISTORY   OP 


Part  III. 


ORIGIN    AND    CAUSES    OF    THE    REVOLUTION. 


The  re- 
served 
duty  of  8d. 
per  lb.  oil 
tea. 


*  Winter- 
botham, 
Burke, 
Bissett. 


to  which 'they  had  hitherto  submitted  without  com- 
plaint, while  they  found  that,  as  a  people,  they  had 
contributed,  and  were  now  annually  contributing, 
more  towards  the  support  of  the  government  and  the 
people  of  England,  than  her  own  home-resident  sub- 
jects.* They  therefore  watched  with  a  more  inquis- 
itive anxiety  the  operations  of  the  British  cabinet. 
Under  these  circumstances  it  required  a  prudent  and 
cautious  administration  of  colonial  affairs  to  preserve 
the  conciliatory  spirit  which  prevailed  in  America  upon 
the  repealing  act.  Had  such  been  the  real  character 
of  the  measures  adopted,  the  discontent  and  dissatis- 
faction which  had  heretofore  involved  them  in  so  rude 
a  controversy  with  the  parent  state  might  entirely,  and 
perhaps  forever,  have  subsided.  Though  the  people 
were  generally  opposed  to  the  tea  duties,  yet  the  article 
continued  to  circulate  in  the  commercial  market  of  the 
southern  and  middle  colonies,  and  was  gradually  work- 
ing its  way  into  Pennsylvania,  New  York,  and  New 
England,  except  only  in  Massachusetts  Bay.  Here, 
indeed,  was  the  last  lingering  sentiment  of  opposition 
to  this  miserable  remnant  of  the  revenue  policy,  this 
vaunted  commercial  system  of  taxation,  the  duty  of 
three-pence  per  pound  upon  tea. 

In  Massachusetts  Bay  concentered  all  the  activity  and 
enterprise  of  the  New  England  merchants.  Her  com- 
mercial marine  was  floating  in  nearly  all  the  ports  of 
America  and  the  mother  country  ;  and  her  trade  alone 
constituted  much  of  the  riches  of  the  colonies,  and  the 
revenues  of  England. 

Mr.  George  Mason  well  remarked,  in  his  letter  to 
Washington,  in  speaking  of  the  commerce  between  the 
two  countries,  that  "it  was  the  true  chain  of  connec- 
tion and  bond  of  union  between  them,  which,  if  not 
broken  by  oppression,  must  long-  hold  them  together." 
It  was  so.  In  all  the  essentials  of  free  governments 
and  free  institutions,  the  colonies  were  even  now  inde- 
pendent of  the  mother  country,  and  were  kept  in  their 


Opposition 
to  it  in 
Mass.  Bay. 


The  bond 
of  union 
between 
the  two 
countries. 


THE  UNITED    STATES  OF  AMERICA.  445 

THE    COMMKRCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

allegiance  to  her  sovereignty  by  only  two  bonds  ;  the  The  integ- 
one  was  a  fraternal  and  political,  the  other  a  commercial  "o,nmer-^'^ 
affinity.     The  former  was  in  no  danger  of  being  rup- cial  bond, 
tured  while  the  latter  was  preserved  in  its  integrity,  antee^of" 
Hence  in  the  regulation  of  the  latter  lay  the  source  stability  to 

°  "^  .  the  parent 

and  strength  of  that  power  which  was  to  continue  or  state. 
terminate  the  former.     Thus  the  commercial  system 
of  taxation  under  which  the  revenue  policy  of  the  ad- 
ministration had  now  sheltered  itself,  became  the  inev- 
itable cause  of  the  separation  of  her  American  colonies  The  tea 
from  the  sovereignty  of  Great  Britain.     The  principle  j,"'^?'/g 
of  taxation  embodied  in  the  simple  duty  of  three-pence  1770-73. 
2)er  pound  upon  tea,  firmly  and  to  the  last  resisted  by 
the  colony  of  Massachusetts  Bay,  involved  the  admin- 
istration in  a  train  of  legislative  shifts  and  contrivan- 
ces, the  results  of  which  could  not  be  otherwise  than 
disastrous. 

A  period,  however,  of  nearly  two  years  of  compar- General  as- 
ative  tranquillity  intervened  upon  this  repeal,  and  any  P*;*^*  9^  "Y" 
further  ministerial  measures  to  carry  out  this  new  sys-  colonies, 
tem  of  commercial  taxation.     In  America  no  serious  ^*"^~'^' 
disturbances  had  taken  place,  except  from  occasional 
stretches  of  the  kingly  prerogatives,  which  were  local 
in  their  operation,  being  mostly  confined  to  the  colony 
of  Massachusetts  Bay,  where  they  met  with  a  success- 
ful resistance  without  becoming  matter  of  more  gen- 
eral interest.     Yet  we  find  even  these  grievances  here- 
after enumerated  in  the  catalogue  of  oppressions  which 
inflamed  the  resentments  of  the  people,  and  fired  their 
opposition  to  other  more  general  and  more  flagrant 
infringements  of  their  liberties.     They  were  but  the 
accumulating  links  in  the  great  chain  of  causes  which 
were  all  along  uniting  the  colonies  in  sympathy,  inter- 
est, and  fraternity,  and  preparing  them  for  that  inde- 
pendence Avhich  was  sure  to  be  their  destiny  whether 
they  courted  it  or  not. 

The  duty  of   three-pence  per  pound  upon  tea  was 
still  operative,  and  yet  the  manner  in  which  the  article 


446  THE   GOVERNMENTAL   HISTORY  OP 

Part  III.  origin  and  causes  op  the  revolution.     • 

The  East    was  introduced  into  the  ports  of  America  was  not  re- 
p"^y  ^^°|""garded  as  particularly  oppressive,  though  the  justice 
powered    of  the  principle  upon  which  the  tax  was  claimed  had 
teas  into    ^ot  been  conceded.     It  needed,  nevertheless,  but  little 
America     iq  revive  the  controversy  in  all  its  activity  throughout 
paying  du-  the  length  and  breadth  of  the  land.     This  little  was 
lami^MaT  ^*^°^^  fumished  by  the  ministry  of  Great  Britain,  in  a 
1773.         bill  providing  for  "An    act  to  allow  a  drawback  of 
duties  on  the  exportation  of  tea  to  any  of  his  majesty's 
colonies  or  plantations  in  America ;    to  increase  the 
deposit  on  Bohea  tea  to  be  sold  at  the  East  India  Com- 
pany's sales  rooms ;  and  to  empower  the  commissioners 
of  the  treasury  to  grant  licenses  to  the  East   India 
*i  Araer-  Company  to  import  it  into  England  duty  free,"*  whence 
cMves  ^27.  ^^  ^^^  exported  to  America.     The  promulgation  of  this 
scheme,  whereby  heavy  penalties  were  provided   for 
enforcing  the    collection  of  the  duty  in  the  colonies, 
was  the  parent  of  that  lasting  discord  which  termina- 
ted only  in  their  severance  from  all  dependence  on  the 
crown  of  England. 
Arrival  of      Under  the  provisions  of  this  act,  immense  quantities 
pany'steasof   tea  Were  stored  by  the  company  in  London,  to  be 
Nov'^iTTS  tlisnce  sent  to  America.     A  cargo  destined    for   the 
port  of  Boston  in  Massachusetts  Bay,  was  shipped  in 
the  fall  of  the  same  year ;  advices  of  the  shipment  of 
which  had   been   previously  transmitted   to   the  con- 
signees of  the  company,  and  rumored  among  the  peo- 
ple.    On  the  arrival  of  the  vessels  containing  it,  while 
A  town      they  were  yet  entering  the  harbor,  a  town  meeting  was 
SieTin    l^eld,  and  a  committee  was  appointed  to  wait  on  the 
relation  to  consignees  of  the  shipment,  and  persuade  them  to  give 
the  captains  the  proper  discharges  and  send  the  teas 
back  to  England,  which  they  declined  doing.     At  a 
subsequent  meeting,  held  in  Fanueil  Hall,  on  receiv- 
Motion      ing    the   report    of  this  committee,   a  resolution  was 
tea  shall     movcd  *'  that  the  tea  should  not  be  landed,  that  no 

not  be       (i^i^y  siiould  bc  paid,  and  that  it  should  be  sent  back  in 
landed.  •'  ^        ' 

the  same  bottoms. 


THE   UNITED   STATES   OF  AMERICA.  447 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III, 

While  this  motion  was  pending,  Mr.  Quincy  arose  Speech  of 
and  addressed  the  meeting  in  a  strain  of  eloquence  o^■tJf"''^^^ 
truly  thrilling  and  prophetic.  "  It  is  not,"  said  he,  motion. 
"  Mr.  Moderator,  it  is  not  the  spirit  which  vapours  in 
these  walls  that  must  stand  us  instead.  The  exertions 
of  this  day  will  call  forth  events  which  will  make  a 
very  different  spirit  necessary  for  our  salvation.  Who- 
ever supposes  that  shouts  and  hosannas  will  terminate 
the  trials  of  the  day,  entertains  a  childish  fancy.  We 
must  be  grossly  ignorant  of  the  importance  and  value 
of  the  prize  for  which  we  contend,  we  must  be  equally 
ignorant  of  the  power  of  those  who  have  combined 
against  us ;  we  must  be  blind  to  that  malice,  invete- 
racy, and  insatiable  revenge,  which  actuate  our  ene- 
mies, public  and  private,  abroad  and  in  our  bosoms,  to 
hope  that  we  shall  end  this  controversy  without  the 
sharpest  conflicts.  It  is  idle  to  flatter  ourselves  that 
popular  resolves,  popular  harangues,  popular  acclama- 
tions, and  popular  vapour,  will  vanquish  our  foes.  Let 
us  consider  the  issue,  let  us  look  to  the  end.  Let  us 
weigh  and  consider,  before  we  advance  to  those  meas- 
ures which  must  Tiring  on  the  most  trying  and  terrible 
struggle  this  country  ever  saw." 

This  brief  address  shows  how  deeply,  and  how  seri- Motion 
ously,  the  ruling  spirits  of  that  day  had  revolved  the  ^'^'""^'l 
aspect  of  affairs  throughout  the  country.     The  motion  landing  the 
was  put,  after  Mr.  Quincy  sat  down,  and  the  resolution 
passed  without  a  dissenting  voice. 

Tlie  consignees  of  the  cargo  of  teas  having  declined  Ncgotia- 
to  procure  a  discliargc  of  the  vessels,  the  committee  J|,^e"5o^-^^ 
ap{X)inted  for  that  purpose,  called  on  Mr.  TJocho,  the  "'snees  to 
owner,  and  required   him  to  demand  at  the  custom- Englaud° 
house  a  clearance  for  England,  which  he  did  on  the.fif-^^'^^- 
teenth  of  December,  but  the  collector  and  comptroller 
refused  to  grant  it.     He  was  then  required  to  procure 
a  permit  from   the  Naval  Officer  to   pass  the  castle; 
which  being  refused  he  was  sent  to  Governor  Hutch- 
inson to  obtain  a  permit  from  him,  which  the  gov- 


448  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.  origin  and  causes  of  the  revolution.  i 

Destruc-     ei'iior  informed  him  he  could  not  give  unless  he  first 
East  Lidia  Pi'ocured  a  regular  clearance  from  the  custom-house. 
Go's  ship.   ]vjp,  Roche   thereupon    reported    to    the    meeting  the 
Boston,      same    evening.      At    the    same   time   it    was  reported 
Dec.  17*73.  ^Ymt  the  governor  and  consignees  intended  to  land  the 
teas  privately.      Whereupon    numbers    of   the  people 
shouted  "  a  moh  !  a  mob  !  "     The  crowd  then  left  the 
hall,  and  repaired  to  the  wharves,  where   three  of  the 
vessels  lay  aground.     A  large  concourse  of  citizens  also 
repaired  to  the  spot.     Meanwhile  several  persons,  hab- 
ited in  the  guise  of  Mohawk   Indians,  went  on  board 
of  the  ships,  and  in  about  two  hours   discharged  the 
*SGe         whole  cargo,  consisting  of  three    hundred   and  forty 
Po'ii'sLet-  chests  of  tea,  into  the  sea.     "Many  persons  of  consid- 
tcr,  vol.  1,  eration  in  the  town  of  Boston,  took  the  lead,"  says 
Archives.   Hutchinson,  "in  the  proceedings  of  this  meeting."* 
Shipments      Tlio  shipments  of  the  East  India   Company  to  New 

to  Now 

York  etc.  York   and   Philadelphia,   were     not    permitted   to   be 

landed.     Those  to  Charleston,  and  other  ports  in  the 

colony  of  South  Carolina,  were  landed  but  not  allowed 

to  be  sold  ;  they  were  stored  in  damp  places  where  they 

became  damaged  and  were  lost  to  the  company. 

Massacliu-      The  province  of  Massachusetts  Bay,  however,  was  the 

^.•^"■^^^y  J  great  emporium  of  commerce  in  the  colonies,  and  the 

the  con-     resistance  offered  in  her  ports,  and  particularly  in  Bos- 

pariiiT-'       ton,  to  the  importations   of  the  East  India  Company, 

ment.        under  the  late  act,  assumed  a  more  violent  character 

than  elsewhere,  and  tlie  enactments  of  parliament  were 

now  more  directly  aimed  at  her  subjugation.     In  reply 

to  a  speech  made  to  lier  assembly  by  the  governor,  the 

t?ono7"her Council  of  State  declared,  that   "they  are  of  opinion 

state  coun-  tj^^t  the  Parliament  cannot,  constitutionally,  levy  taxes, 

in  any  form,  on  his  majesty's  subjects  in  this  province.' 

Of  licr       The  House  of  Representatives  at  the  same  time  declared, 

represent-  "  i^  there  has  been,  in  any  late  instances,  a  submission  to 

atives.        ^^ts  of  parliament,  it  has  been,  in  the    opinion  of  this 

house,  rather  from  inconsidcration,  or  reluctance  at  the 

idea  of  contending  with  the  parent  state,  than  from  a  coit- 


THE   UNITED    STATES   OF   AMERICA.  449 


THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

viction,  or    acknowledgment,  of   the  supreme  legisla- The  com- 

tive  authority  of  parliament."  nnttee  of 

•^    .      -^  correspon- 

"  The  committee  of  correspondence  in  this  province,"  dence. 
says  tlie  governor,  writing  to  the  Earl  of  Dartmouth, 
on  the  fourth  of   the  month,  "  appear  to    have  used 
their  utmost  endeavors  to  work  up  the  minds  of  the 
people,  not  only  of  their  own,  but  also  of  the  southern 
governments,  to  prevent  the  importation  of  teas  from 
the  East  India  Company ;  and  accordingly  on  the  third 
of  November,  1773,  a  mob  of  about  five  hundred  per- Governor 
sons  committed  several   outrageous  acts  of  violence  ^on*on°" 
against  the  persons  to  whom  it  was  expected  the  tea"tiieBos- 
in  question  would  be   consigned,  insisting  that  they,.an-e," 
should  engage  and  promise  not  to  receive  or  sellit;^'^^^- 
that  if  they  did  they  would  be  voted  enemies  to  their  *  i  Ameri- 
country,  and  must  expect  to  be  treated  as  such  there- ciuves." 
after."* 


On  the  fourth  of  March  following,  the  Earl  of  Dart- JP^oceed- 

-,--.  ilia's  ill 

mouth  informed  the  House  of  Lords  "that  his  majesty parfia- 
had  given  directions  that  certain  papers  received  from  ™^^^'    - 
America,  relating  to  the  disturbances  there,  with  regard  Lords, 
to  the  importation  of  tea,  should  be  laid  before  the        ' 
House  ;  and  that  the  same  would  be  delivered  on  Mon- 
day then  next."     At  the  same  time  he  informed  them 
that  he  had  a  message  from  his  majesty,  under  his 
royal  sign  manual,  which  his  majesty  had  commanded 
him  to  deliver  to  the  House ;  which  was  accordingly 
read  by  the  Lord  Chancellor  as  follows,  viz. — 
"  George  R. 
"His  majesty,  upon  information  of  the  unwarrantable  JJ'^^'u^^t''^ 
practices  which  have  been  lately  concerted  and  carried  paiiia-  ° 
on  in  North  America,  and  particularly  of  the  violent  "1^°^' 
and  outrageous  proceedings  at  the  town  of  Boston,  in 
the  province  of   Massachusetts  Bay,  with  a  view  of 
obstructing  the  commerce  of  this  kingdom  ;  and  upon 
grounds  and  pretences  immediately  sul)versive  of  the 
constitution  thereof,  have  thought  fit  to  lay  the  whole 
29 


450  TH^   GOVERNMENTAL    HISTORY   OP 

Part  III.  origin  and  causes  of  the  revolution. 

Proceed-  matter  before  his  two  Houses  of  Parliament,  fully  con- 
Uament'^'^'  fi^i"g  ^^  well  ill  their  zeal  for  the  maintenance  of  his 
I'TH.  majesty's  authority,  as  in  their  attachment  to  the  com- 
mon interest  and  welfare  of  all  his  dominions,  that  they 
will  not  only  enable  his  majesty  effectually  to  take  such 
measures  as  may  be  most  likely  to  put  an  immediate 
stop  to  the  present  disorders,  but  will  also  take  into 
their  most  serious  consideration  what  further  regula- 
tions and  permanent  provisions  may  be  necessary  to  be 
established,  for  better  securing  the  execution  of  the 
laws,  and  the  just  dependence  of  the  colonies  upon  the 
crown  and  parliament  of  Great  Britain.  G.  B,." 

In  the  Copies  of  the  same  message  and  papers,  were  also 

Commons  •  pi'^^sented  by  Lord  North  to  the  House  of  Commons  on 
vote  of      i\^Q  seventh  day  of  the  same  month.     "Whereupon  a 

thanks  to  ,.11  t         1  .  •  ^ 

the  king,  votc  of  thanks  was  proposed  to  his  majesty  for  his  mes- 
sage and  the  accompanying  documents,  containing 
assurances  that  "  the  House  w^ould  not  fail  to  exert 
every  means  in  their  power,  in  effectually  providing  for 
objects  so  important  to  the  general  welfare,  as  main- 
taining the  due  execution  of  the  laws,  and  securing 
the  just  dependence  of  his  majesty's  colonies  upon  the 
crown  and  parliament  of  Great  Britain." 

Debate  in       rpj^jg  motioii  was  debated  with  considerable  warmth 

the  House  . 

of  Com-    and  spirit,  setting  forth  the  great  necessity  which  ex- 
"^^°^'        isted  "  for  vindicating  the  controling  right  of  the  Brit- 
ish legislature  over  the  colonies."     Reference  was  made 
by  the  ministry,  to  the  condition  of  affairs  in  the  pro- 
vince of  Massachusetts  Bay,  and  it  was  urged  "  that  all 
the  powers  of  government  in  that  province  were  found 
insufficient  to  prevent  the  most  violent  outrages.     That 
the  loyal  and  peaceable  people  of  a  mercantile  town  (as 
they  affected  to  be  peculiarly  considered)  had  given  a 
"The  Bos- noble  proof  to  the  world,  of  their  justice,  moderation, 
ton  out-     loyalty,  and  affection  for  the  mother  country,  by  wan- 
Ixlusable  tonly  Committing  to  the  waves  a  valualile  commodity, 
and  inde-    ^j^^  property  of  another  loyal  mercantile  body  of  sub- 


THE   UNITED    STATES   OF   AMERICA.  451 


THE    COMMERCIAL    SYSTEM    OF   TAXATION.  PaRT    III. 

jects,  without  the  pretense  of  necessity,  even  supposing  Trocced- 
that  their  opposition  to  the  payment  of  the  duties  could  House  of 
justify  such  a  plea,  as  they  had  nothing  to  do  but  to  <-'ommons 
adhere  to  their  own  resolutions  of  non-consumption,  Boston 
effectually  to  evade  the  revenue  laws."*  March^' 

It  was  also  further  urged,  "  that  no  person  employed  1774. 
by  government,  could  in  any  act,  however  common  or 
legal,  fulfill  the  duties  of  his  office  or  station  in  America, 
without  its  being  immediately  exclaimed  against  by  the 
licentious,  as  an  infringement  of  their  liberties ;  that 
it  was  the  settled  opinion  of  some  of  the  wisest  men, 
both  in  England  and  America,  and  the  best  acquainted 
with  the  affairs  of  the  colonies,  that  in  their  present 
state  of  government,  no  measures  whatsoever  could  be 
pursued  that  would,  in  any  degree,  remedy  those  glar- 
ing evils,  which  were   every  day  growing  to  a  more 
enormous    and   dangerous   height.     That   parliament.  Supremacy 
and  parliament  only,  were  capable  of  re-establishing  °^  parha- 
tranquillity  among  those  turbulent  people,  and  of  bring- sisted 
ing  order  out  of  confusion.     And  that  it  was  therefore  "^°°' 
incumbent  on  every  member  to  weigh   and  consider, 
with  an  intention  suitable  to  the  great  importance  of 
the  subject,  the  purport  of  the  papers  before  them,  and 
totally  laying  all  prejudices  aside,  to  form  his  opinion 
upon  the  measures  most  eligible  to  be  pursued,  for  sup- 
porting^ the  supreme  legislative  authority,  the  dignity  of 
Parliament^   and    the   great   interests  of    the   British 
Empire."* 

Such  was  the  language  of  the  ministerial  party  on 
presentation  of  the  colonial  budget  to  parliament.  Be- 
sides this,  in  order  to  enlist  the  sympathies  of  the  mer- 
cantile community  in  their  measures,  "  all  the  public 
papers  were  systematically  fiUed  with  writings  on  the 
subject,  referring  to  the  misconduct  of  the  colonies  in 
the  strongest  colours,  and,  in  particular,  arguing  the 
impossibility  of  the  future  existence  of  any  trade  to  *  i  Ameri- 
America,  if  this  flagrant  outrage  on  commerce  should  go  chlVes^' 
unpunished."* 


452  THE   GOVEENMENTAL   HISTORY   OF 


Part  III.  origin  and  causes  of  the  revolution. 

Motion  for     Thus  the  ministry  succeeded   in  raising  a  powerful 
to  tiie  kint'  spirit  of  indignation  against  the  American  people  both 
in  the        within  and  out  of  parliament ;  and  thus  matters  stood 
Commons,  in  parliament,  and  before  the  people  of  England,  while 
the  proposed  motion  for  an  address  to  the  king  was 
under  discussion,  was  agreed  to,  and   directed  to  be 
presented  to  his  majesty  by  such  members  of  the  house 
as  were  of  his  privy  council. 
Subse-  After  the  passage  of  this  motion,  the  message  of  his 

cecdings.    M^iajcsty  and  the  papers  accompanying   it,  being  under 
Speech  of  consideration.  Lord  North  rose,  and  after  remarking  at 
Koitb.        some  length  upon   the  disturbances  in   Massachusetts 
Bay,  and  in  the  colonies  generally,  he  observed  "That 
Boston  had  been  the  ringleader  in  all  riots,  and  had,  at 
all  times,  shown  a  desire  of  seeing  the  execution  of 
the  laws  of  Great  Britain  attempted  in  vain,  in  the 
colony  of  Massachusetts  Bay.     That  the  act  of  the  mob 
in  destroying  the  tea,  and  other  proceedings,  belonged 
to  the  act  of  the  public  meeting,  and  that  though  other 
colonics  were  peaceable  and  well  inclined  towards  the 
trade  of  this  country,  and    the    tea    would  have  been 
landed  at  New  York  without  any  opposition,  yet  when 
the  news  came  from  Boston  that  the  tea  was  destroyed, 
governor  Try  on,  from  the  advice  of  the  people,  thought 
that,  the  face  of  things  being  changed  since  that  ac- 
count was  sent,  it  would  be  more   prudent  to  send  the 
tea  back  to  England,  than  to  risk   the  landing  of  it. 
His  lordship  observed  further,  that  Boston  alone  was 
Boston  to  to  blame,  for  having  set  this  example,  therefore  Boston 
be  made  an  Q^^gl^l;  to  be  the  principal  object    of  OUT  attention  for 
of.  punishment^ 

Spirit  of         His  Lordship  further  observed, — "  that  at  Boston  we 

e!ic*e'^in'^    wcre  Considered   as   two  independent  states;   but  we 

be'lut'  ''^  ^^'^^'^  ^^^  longer  to  dispute  between  legislation  and  taxa- 

dowu.        tion ;   we  were  now  to   consider   only  whether  or  not 

ive  have  any  authority  there ;  that  it  is  very  clear  we 

have  none,  if  we  suffer  the  property  of  our  subjects  to 

bo  destroyed.     Ho  hoped   all  would  agree  with  him. 


THE   UNITED    STATES   OP   AMERICA.  .453 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  VxlH:    III, 

both  peers,  members,  and  merchants,  to  proceed  iman-Lora 
imously  to  punish  such  parts  of  America  as  denied  the  po°ses\o'^°' 
authority  of  this  country.     We  must  punish,  control,  '^•'^^e  the 
or  yield  to  them,"  said  he  ;  "  and  I  therefore  move  that  Boston, 
leave  be  given  to  bring  in  a  bill  for  the  immediate  re-  ^^'^** 
moval  of  the  officers  concerned  in  the  collection  and 
management  of  his  majesty's  duties  and  customs  from 
the  town  of  Boston,  in  the  province  of  Massachusetts 
Bay,  in  North  America ;  and  to  discontinue  the  land- 
ing  and  discharging,   lading   and   shipping  of  goods, 
wares,  and  merchandise,  at  the  said  town  of  Boston, 
or  within  the  harbour  thereof." 

This  proposition  was  received  with  perfect  silence.  The  propo- 
which  lasted  for  several  minutes  after  Lord  North  re-  ^'tion,  how 

received, 

sumed  his  seat.  Mr.  Grosvenor  then  got  up  to  second 
the  motion,  and  condemned  very  much  the  proceedings 
of  Boston,  and  said  they  were  all  entirely  owing  to  the 
repeal  of  the  Stamp  Act. 

Governor  Johnstone  desired  to  know,  if  it  was  to  be  Debate 
left  to  the  crown  to  say  to  what  part  of  America  the  ^P°^* 
custom-house  should  be  removed  ? 

Lord  North  replied,  that  a  clause  was  intended  to  be 
inserted  in  the  bill  to  leave  that  matter  to  the  crown. 

Mr.  Dempster  observed,  that  should  an  indemnifica- 
tion to  the  East  India  company  take  place  as  was  to  be 
proposed  in  the  bill,  by  way  of  tax,  it  would  be  col- 
lected over  America,  and  thereby  injure  the  property 
of  people  who  had  been  entirely  innocent  of  this  affair, 
that  when  he  spoke  formerly  so  much  about  taxation 
in  general,  he  meant  not  as  to  the  right,  which  we  had, 
but  only  as  to  the  prudence  and  policy  of  the  measure. 

Mr.  Saivbriilg-e  rose  to  speak,  but  being  annoyed  by  jjj.  g^^^. 
cries  of  "question,  question,"  he  sat  down,  saying  "he^^^^ge  op- 
would  wait  till  gentlemen  had  done  coughing,  and  themotionand 
house  had  done  calling  for  the  question.     That  though  ^^  '°*^'"' 
he  could  not  be  heard  now,  he  should  sit  coolly  till  he 
could,"     The  house  being  little  silent,  he  rose  again 
and  said,  "  he  always  gave  his  genuine  opinion,  and  he 


454  TEE  GOVERNMENTAL  HISTORY   OF 

Part  III.  origin  and  causes  of  the  revolution. 

The  Bos-    was  now,  and  always  had  been,  of  the  opinion,  that 
bm  ^rjos-  *^^^^  country  had  no  right  to  tax  America  ;  that  it  might 
ed  and  de-  be  said  by  some  people  here  that  America  was  not  rep- 
thf hoise  resented ;  that  if  this  country  had  a   right  to  take  a 
of  com-     single  shilling  out  of  an  American's  pocket,  they  have 
1714.'        a   right  to   take   the  whole."      He   then   sat  down  a 
second   time,  the   house    being   noisy,  and   said  "  he 
thought  though  he  could  not  be  allowed  to  speak  long, 
he  could  sit  long  ;  and  observed  that   this  destruction 
of  the  tea  was  entirely  done  by  the  mob  unarmed  ;  and 
that  if  a  requisition  was  to  be  sent  to  Boston  to  make 
satisfaction  to  the  India  Company,  he  made  no  doubt 
it  would  be  complied  with.     He  said  he  was  against 
the  motion." 
Mr,  Byng.       ^''-  Byng  said,  he  only  meant  to  ask  the  noble  Lord 
one  question  ;  whether  this  measure  was  not  prevent- 
ing the  English  ships  from  trading  there,  and  a  punish- 
ment on  ourselves  ? 
Mr.  Rose        ^f.  Rose  Fuller  said,  the  bill  when  brought  in  would 
Fuller,       show  whether  it  was  a  punishment  upon  A  or  B ;  that 
he  should  therefore  reserve  his  opinion  until  he  saw  the 
bill. 
Mr.  Dows-      Mr.   Doivsdell  said,   he  was  of  opinion   they  were 
■  going  to  do  very  great  mischief,  and  should  think  it  his 

duty  to  give   that  opinion  in   this  early  stage  of  the 
*  measure.     He  said,  this  bill  was  to  punish  the  town 

of  Boston  ;  why  will  you  punish  Boston  alone  ?     Did  not 
other  towns  send  your  tea  back  to  England,  and  refuse 
the  landing?     Have  they  committed  no  offence?     Was 
Opposes     there  any  evidence  of  a  general    concurrence  of  the 
Boston"^  inhabitants  of  Boston?      Would  the  House  not  hear 
alone.        what  Boston  had  to  say  in  defence  ?     Would  the  House 
condemn  without  evidence  in  the  absence  of  the  par- 
ties?    He  would  trouble  them  no  more  at  present.     He 
thought  they  were  going  to  do  a  wrong  act.     He  disap- 
proved much  of  the  bill,  and  should  give  a  negative 

Mr  Caven-to  it. 
dish  IS  lor 

delay.  Mr.    Cavcndish    approved   of   the   proposition,   but 


THE   UNITED    STATES   OF   AMERICA.  455 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

hoped,  if  the  merchants  of  England  could  any  way  be  The  Boston 
injured  by  it,  that  time  would  be  given  them  to  come  p^posed 
and  petition.  •'^^•i.  ^ebat- 

cd  iu  ttio 

Captain  Phipps  said,  he  felt  no  reason  to  imagine  that  House  of 
any  opposition  to  the  Bill  at  Boston  could  be  effectual ;  ^5^^"^^"^' 
that  it  was  no  new  thing  to  direct  and  order  a  portcapt. 
for  the  reception  of  trade  in  America;  that  harbours ^^^PP^* 
were  in  great  plenty  there ;  that  all  authority  had  been 
trampled  upon  in  that  country  for  many  years ;  that  if 
our  subjects  could  not  trade  to  Boston,  they  must  go 
where  they  could  trade  Avith  safety.     He  did  not  attri- 
bute the  disturbances  to  the  Stamp  Act,  or  the  repeal 
of  it.     "When  he  was  in  that  country,  he  thought  that 
that  act  might   have  been  put  in  execution;    still  he 
thought  that  the  repeal  might  be  proper.     He  imagined 
that  one  of  the  provisions  that  would  be  adopted  by  the    ■ 
house  would  be,  to  repeal  the  Declaratory  Act,  which,  Proposes  a 
in  his  opinion,  was  the  most  absurd  and  unconstitution- [j^^^^u P^. 

al  act  ever  passed.     Let  America  alone  and  she  will  claratorj 

.  Act," 

return  of  herself  to  obedience.     Do  not  let  us  search 

for  trifling  taxes,  by  way  of  experiment,  to   try  our 

power;  the  moment  they  see  that  taxation  is  not  for 

effectually  collecting  of  money,  but  for  experiment  only, 

they  Avill  always  oppose  you. 

Lord  G.   Cavendish  said   he   was  not  sure  but  the  Lord  Cav- 
object   before  the  house  would   be  prejudicial  to  o^^i' thhik^  th 
trade.     He  looked  to  the  mutual  interest  of  the  two  measure 
countries,  that  they  were  united  by  proper  measures,  fo^tradT* 
and  he  hoped  they  would  be  kept  so.     He  wished  that 
no  idle  ideas  of  superiority  might  prevail,  for  that  coun- 
try which  is  kept  only  by  power  is  in  danger  of  being 
lost  every  day. 

Colonel  Bar  re  said,  he  was  urged  to  rise  to  discharge  Coi.  BarrS 
his  duty  in  not  giving  a  silent  vote  on  the  occasion.  J^oUq^* 
He  could  not  help  giving  his  hearty  affirmative  to  the 
proposition  before  the  house.     He  liked  it,  harsh  as  it 
was.     He  liked  it  for  its  moderation,  and  thought  that 
the  noble  Lord  (^North's)   conduct  would   be  of  the 


456  THE   GOVERNMENTAL    HISTORY   OF 

Part  III.  origin  and  causes  of  the  revoldtion. 

The  Boston  same  stamp  throughout.  I  think  Boston  ought  to  bo 
proposed  punishcd.  She  is  your  eklcst  son."  (Here  the  house 
and  debat-  laughed,  and  some  members  near  him  observed,  tliat 

ed  in  the     , 

House  of    he  woukl  be  a  proper  person  to  direct  the  admission 

^onnnons,  ^^  Ifish  members  into  the  house,  as  he  had  tlie  day 

before  hinted   that  office  for   Mr.  Rigby.)     After  the 

house  had   laughed   heartily,  he  said,  "I  mean  your 

daughter.     She  is  a  noble  prop.     She  gave  herself  that 

Col.  Bane  form  of  Constitution  she  now  has,  cherish  and  support 

Boston       ^^^^'-     He  wislied  to  see  an  unanimous  vote  in  the  onset 

ought  to     of  this  business ;  that  when  the  people  of  Boston  saw 

be  pun-  ^       ^ 

ished.        this  measure  was  carried  by  such  a  consent,  they  would 
the  more  readily  pay  the  sum  of  money  to  the  East 
India    Company.      He  hoped,  if  they  did,  the  crown 
would  mitigate  the  rest  of  their  punishment.     If  the 
crown  went  further — perhaps  they  could  not  do  it  un- 
*  Governor  less,  as  governor   Tryon*  observed,  at  the  muzzle  of 
Y  rk^^      your  guns.     We  have  given  the  Americans  limited  and 
prescribed  means  to  acquire  wealth ;  let  the  rest  of  the 
matter  be  left  to  themselves.     lie  had  often  thought,  in 
the  coolest  hours,  that  America  ought  not  to  be  taxed 
by  this  country.     Endeavor  to  take  the  power  of  taxa- 
tion out  of  their  assemblies,  and  it  will   be  strongly 
opposed ;  he  did  not  mean  to  stick  to  experimental  tax- 
es ;  the  tax  of  the  stamp  act  was  made  to  please  this 
side  (meaning  Mr.  Grenville^s  friends)  of  the  House. 
Go  to  some  great  request  at  once,  and  if  they  wont 
comply  with  it,  try  then  your  power.     You  have  been 
paying  X 4, 000, 000  for  doing  of  nothing,  only  for  tcaz- 
ing  and  scratching.     I  wish  to  see  a  fair  decided  line  at 
once.     I  dont  see  any  appearances  of  war  at  present. 
Thinks  this  NoAV  is  your  time  to  try  in  a  civilized  manner  your  power 
|j,y  *||"fj, *° over   the   Americans;   other  of  your  enemies  are  not 
power        in  a  condition  to  take  part  with  them,     I  am  not  in 
office  that  my  advice  can  be  taken,  if  I  was,  I  should 
give  it  freely.     If  office  comes  to  me,  it  comes  as  an 
atonement  for  repeated  and  unmerited  affronts.     I  shall 


THE  UNITED   STATES   OP  AMERICA.  457 

THE    COMMERCIAL    SYSTEM    OP    TAXATION.  PaRT    III. 

at  all  times  speak  the  language  of  a  free  and  disinter- Leave  giv- 

,     T  ,         ,,  en  to  brinj' 

ested  member."  in  the  bill. 

The  debate  being  here  closed,  the  motion  of  Lord  ^1^4*^  ^' 
North  for  leave  to  bring  in  the  bill  was  agreed  to ;  and 
Lord  North,  Mr.  Onslow,  Mr.  Charles  Townshend,  Mr. 
Attorney  general,  Mr.  Solicitor  general,  Mr.  Rice,  Mr.  *i.Amcri- 
Cooper,  and  Mr.  Robinson,  were  ordered  to  prepare  and^f^?  ^^' 
bring  in  the  same.* 

The  bill  was  accordingly  presented  to  the  house  by 
Lord  North,  on  the  eighteenth  day  of  March,  was  read 
once  and  ordered  to  be  passed  to  a  second  reading  on 
Monday  next,  to  be  then  made  the  order  of  the  day 
before  the  house,  in  Committee  of  the  Whole. 

The  debate  upon  it  was  continued,  from  day  to  day,  The  Boston 
up  to  the  twenty-fifth  of  March,  when  it  was  read  a  ^'^^'^^^^^^g 
third   time,  and  put  upon  its  final  passage.      On  the  final  pas- 
question  that  this  bill  do  pass,  °  * 

Mr.  Doivsdell,  and  others  opposed  the  bill,  on  the 
ground  of  its  general  injustice,  urging  that  the  entry 
of  no  other  goods  was  interrupted  in  Boston  but 
those  charged  with  a  duty  imposed  by  parliament. 
That  this  duty  was  in  fact  a  tax,  and  that  parliament 
had  no  right  to  tax  America.  That  the  resistance 
to  the  duty  was  not  local,  but  universal  from  all 
America  against  any  goods  or  merchandize  loaded 
with  taxes. 

Sir  Edmund  Burke  said.    "  Observe  that  the  disturb-  sir  Ed- 
ances  are  general.     Show  me  one  port  in  all  America  g"^".**  . 
where  the  goods  have  been  landed  and  vended  ?     The  opposition. 
distemper  is  general,  but  the  punishment  is  local,  by 
way  of  exchange.     Whether  it  will  be  effectual  or  not 
I  do  not  know;  one  town  in  proscription,  the  rest  in 
rebellion,  can  never  be  a  remedial  measure  for  general 
disturbances.     Have  you  considered  whether  you  have 
troops  and  ships  sufficient  to  enforce  an  universal  pro- 
scription to  the  trade  of  the  whole  continent  of  Amer-  conse- 
ica?     If  you  have  not,  the  attempt  is  childish,  and  the  que^ces  to 

•         />      .  1  /^    1       o-  XI  ,.  trade  in 

operation  iruitless.     Only,  Sn*,  sec  the  consequence  of  England. 


458  THE  GOVERNMENTAL   HISTORY   OP 

Part  III.  origin  and  causes  of  the  revolution. 

The  Boston  blocking  up  One   port,   for  instance   that  of  Virginia 
on  Us  final  ^^Y  >  whicli,  if  jou  do,  jou  will  destroy  the  tobacco 

passage,     trade,  and  thereby  bring  as  it  were  a  certain  ruin  on 

House  of  1  /-Ti 

Commons,  your  own  merchants  at  Cjlasgow  and  Edinburgh.    There 

■^'^'^*-  are  but  two  ways,  Sir,  to  govern  America;  either  to 
make  it  subservient  to  all  your  laws,  or  to  let  it  govern 
itself  by  its  own  internal  policy.  I  abhor  the  measure 
of  taxation  where  it  is  only  for  quarrel,  and  not  for  a 
revenue;  a  measure  that  is  teazing  and  irritating  with- 
out any  good  effect.  But  a  revision  of  this  question 
will  one  day  or  other  come,  wherein  I  hope  to  give  my 
opinion." 

Lord   North  again  spoke  in  favor  of  the  bill,  after 

which  it  passed  without  a  division.     It  was  then  sent 

House  of    yp  to  the  House  of  Lords,  where  it  passed  unanimously 

on  the  thirtieth  day  of  the  same  month. 

His  majes-      On  the  next  day  his  majesty  entered  the  House  of 

to  tiie  bill.  Lords,  and  took  his  seat  on  the  throne,  adorned  with 

his  crown  and  regal  ornaments,  and  attended  by  his 

officers  of  state,  the  lords  being  in  their  robes ;   the 

Commons  with  their   speaker  attending:      The  royal 

assent  was  then  pronounced  severally,  by  the  clerk's 

"n^arUa-   assistant,  to  thirty-nine  bills,  beginning  with  the  Bos- 

ment.        ton  Port  Bill.* 

Title  and       The  Bill,  as  passed,  was  entitled  ^^An  Act  to  discon- 
of°the  bm.  tinue  in  such  manner  and  for  such  time  as  are  therein 
mentioned,  the  landing  and  discharging,  lading  or  ship- 
ping, of  goods,  wares  and  merchandise,  at  the  toivn  and 
within  the  harbor  of  Boston,  in  the  Province  of  Massa- 
chusetts Bay  in  North  America.^^ 
Removal        It  provided  for  the  removal  of  the  general  assembly 
sembVand  of  that  colony,  and  the  custom-house,,  from  B-oston  to 
housT*      Salem  ;  for  a  fine  to  be  levied  upon  the  town  in  favor 
of  the  East  India  Company,  equal  to  the  value  of  the 
tea  destroyed ;   for   the  blockading  of  the  harbor  by 
armed  vessels,  to  prevent  the  entry  or  exit  of  ships  and 
merchandise  ;  for  the  punishment  of  all  persons,  and 
the  seizure  and  forfeiture  of  all  vessels,  carts,  horses, 


THE   UNITED    STATES   OF   AMERICA.  459 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

mules,  boats,  carriages,  and  conveyances  whatsoever ;  Proceed- 
made  use  of  in  shipping,  unshipping,  lading,  removing,  "!|^ii^^ 
carrying,  or  conveying,  any  such  goods,  wares,  or  mer- mentji^^i. 
handise,  into  any  port  or  place  in  Boston  ;  and  of  any 
ship  moored,  lying   in,  or   hovering  near   said  port, 
within  certain    prescribed  limits;  for  the  prosecution 
for  such  penalties  and  forfeitures  by  any  admiral,  chief 
commander,  or  commissioned  officers  of  his  majesty's 
fleet,  or  ships  of  war,  and    for   quartering  troops  of 
soldiers  upon  the  inhabitants  to  enforce  obedience  to 
the  bill,  and  to  whatever  other  laws  and  regulations  of 
the  crown  and  parliament. 

On  the  fifteenth  day  of  April,  following  the  passage  House  of 
of  this  bill,  Lord  North  presented  to  the  House  of  Com-   *^"^™°'^- 
mons — 

"  A  bill  for  the  better  regulating  the  government  of 
the  province  of  Massachusetts  Bay  in  North  America," 
which  passed  into  a  law.     This  was  followed  by 

"  An  Act  for  the  impartial  administration  of  justice 
in  Massachusetts  Bay,  in  New  England." 

On  the  same  day  upon  which  the  bill  for  regulating  Bills  for 
the  government  of  Massachusetts  Bay  was  introduced  ^^^^^^ 
by  Lord  North,  Mr.  Rose  Fuller  gave  notice  of  his 
intention  to  move,  on  Tuesday  then  next,  being  the 
nineteenth  day  of  April,  for  a  committee  on  the  tea 
duty,  to  see  whether  or  not  it  was  possible  to  repeal  the  Notice  of  a 
act  laying  that  duty,  before  the  bill  for  the  better  regu-  ™comnii^'' 
lating   the    government   of    Massachusetts    Bay   took  tee  on  the 
effect.     Accordingly  on  the  nineteenth  day  of  April  he  ^^   ^  ^' 
moved — 

"  That  this  house  will,  upon  this  day  seven-night.  The  mo- 
resolve  itself  into  a  committee  of  the  whole  house,  to  i\'s  des^n 
take  into  consideration  the  duty  of    three-pence  per 
pound  weight  upon  tea,  payable  in  all  his  majesty's 
dominions  in  America ;  and  also  the  appropriation  of 
the  said  duty." 

He  accompanied  the  motion  with  the  remark,  that, 
in  his  opinion,  the  Boston  Port  Bill  and  the  other  reg- 


460 


THE   GOVERNMENTAL    HISTORY   OF 


Part  III. 


ORIGIN    AND    CAUSES    OF    THE    REVOLUTION. 


Motion  to 
repeal  the 
tea  duty 
upon  the 
East  India 
Co.'s  ship- 
ments, 
llli. 

Debate  on 
the  mo- 
tion. 


Sir  Ed- 
mund 
Burke  on 
the  mo- 
tion. 


*  The  de- 
claratory 
act. 


The  point 
in  issue. 


Illations,  would  be  totally  ineffectual  without  repealing 
the  tea  duty  bill.  He  was  very  sure  that  the  motion 
would  be  productive  of  great  good,  and  that  it  could 
not  possibly  do  harm. 

The  motion  was  very  violently  opposed  by  the  min- 
isterial influence  in  the  house,  and  very  warmly  advo- 
cated by  the  opposition.  The  idea  of  a  mercantile  tax 
was  treated  as  trifling  and  ridiculous,  while  as  a  matter 
of  revenue  it  was  pronounced  simply  absurd. 

"  Could  anything,"  said  Sir  Edmund  Burke,  in 
speaking  to  the  motion,  "be  a  subject  of  more  just 
alarm  to  America,  than  to  see  you  go  out  of  the  plain 
high  road  of  finance,  and  give  up  your  most  certain 
revenues,  and  your  clearest  interest,  merely  for  the 
sake  of  insulting  your  colonies  ?  No  man  ever  doubted 
that  the  commodity  of  tea  could  bear  an  imposition  of 
three-pence  per  pound.  But  no  commodity  will  bear 
three-pence,  or  will  bear  a  penny,  when  the  general 
feelings  of  men  are  irritated,  and  two  millions  of  peo- 
ple are  resolved  not  to  pay.  The  feelings  of  the  colo- 
nies were  formerly  the  feelings  of  Great  Britain. 
Theirs  were  formerly  the  feelings  of  Mr.  Hampden 
when  called  upon  for  the  payment  of  twenty  shillings. 
Would  twenty  shillings  have  ruined  Mr.  Hampden's 
fortune  ?  No !  but  the  payment  of  half  twenty  shil- 
lings, on  the  principle  it  was  demanded,  would  have 
made  him  a  slave.  It  is  the  weight  of  that  preamble* 
of  which  you  are  so  fond,  and  not  the  weight  of  the 
duty,  that  the  Americans  are  unable  and  unwilling  to 
bear.  It  is  upon  the  principle  of  this  measure,  and 
nothing  else,  that  we  are  at  issue.  It  is  a  principle  of 
political  expediency.  Your  act  of  1767  asserts  that  it 
is  expedient  to  raise  a  revenue  in  America.  The  pre- 
amble of  this  act  which  we  wish  to  repeal,  is  not  decla- 
ratory of  rig-ht,  as  some  gentlemen  seem  to  argue  it, 
it  is  only  a  recital  of  the  expediency  of  a  certain  exer- 
cise of  a  right,  supposed  already  to  have  been  asserted. 
You  arc  therefore  at  this  moment  in  the  awkward  sit- 


THE   UNITED    STATES   OF   AMERICA.  461 

THK    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III, 

uation  of  fighting  for  a  phantom  ;  a  quiddity  ;  a  thing  Motion  to 
that  wants  not  only  substance,  but  even  a  name;  foi'u'aXtV^ 
a  thing  which  is  neither  abstract  right,  nor  profitable  ilouso  of 

T^  j_    •'"^       4  •         •       J      Comuious, 

enjoyment,  it  your  government  in  America  is  de- 1774. 
stroyed  by  the  repeal  of  taxes,  it  is  of  no  consequencG 
upon  what  ideas  the  repeal  is  grounded.  Bepeal  this 
tax  too  on  commercial  principles  if  you  please.  These 
principles  will  serve  as  well  now  as  they  did  formerly. 
But  is  the  article  of  tea  such  an  object  in  the  trade  of 
.England  as  not  to  be  felt,  or  felt  but  slightly,  like  white 
lead,  and  red  lead,  and  painters' colours  ?  Tea  is  an 
object  of  far  other  importance.  Tea  is,  perhaps,  the 
most  important  object,  taking  it  with  its  necessary  con-import- 
nections,  of  any  in  the  mighty  circle  of  commerce.     If  ^nce  of  tea 

_  •'  .      o      J  ^  to  com- 

commercial  principles  had  been  the  true  motives  of  themerce. 
repeal,  or  had  they  been  at  all  attended  to,  tea  would 
have  been  the  last  article  we  should  have  left  taxed  for 
a  subject  of  controversy.      The  vent  of  ten  millions 
of  pounds  of  this  commodity,  now  locked  up  by  the 
operation  of   an  injudicious  tax,   and  rotting  in  the 
warehouses  of  the  company,  would  have  prevented  all 
this  distress,  and  all  that  series  of  desperate  measures, 
which  you  thought  yourselves  obliged  to  take  in  conse- 
quence of  it.     America  would  have  furnished  that  vent  America  a 
which  no  other  part  of  the  world  could  furnish  but'*'^"*.^'' 
America ;  where  tea  is  next  to  a  necessary  of  life,  and  commerce, 
where    the    demand   grows   upon   the    supply.      It   is 
through  the  American    trade  of  tea  that  your  East 
India  conquests  are  to  be  prevented  from  crushing  you 
with  their  burthen.     They  are  ponderous  indeed  ;  and 
they  must  have  that  great  country  to  lean  upon,  or 
they  tumble  upon  your  head.  , 

"  This  Revenue  Act  of  1767,  formed  the  fourth  period  speech  of 
of  American  policy.     How  we  have  fared  since  then ;  ^'''  ^^" 
what  woeful  variety  of  schemes  have  been  adopted ;  Burke, 
what  enforcing  and  what  repealing ;  what  bullying  and  Complica- 
what  submitting;  what  doing  and  undoing:  what  strain- *'°"^°*^*'^® 

o '  o  o '  revenue 

ing  and  what  relaxing;  what  assemblies  dissolved  for  policy. 


462  THE  GOVERNMENTAL   HISTORY   OP 

Part  III.  origin  and  causes  of  the  revolution. 

Motion  to  not  obeying,  and  called  again  without  obedience ;  what 
TeTduty^  troops  scnt  out  to  quell  resistance  and  on  meeting  that 
House  of    resistance  recalled ;   what   shiftings  and  changes,  and 
17Y4.      '  jumblings  of  all  kinds  of  men  at  home,  which  left  no 
Speech  of  possibility  of  order,  consistency,  vigor,  or  even  so  much 
mund        ^s  a  decent  unity  of  colour  in  any  one  public  measure. 
Burke.       After  all  these  changes  and  agitations  your  immediate 
situation  upon  the  question  on  your  paper  is  at  length 
brought  to  this.     You  have  an  act  of  parliament  stat- 
ing, '  that  it  is  expedient  to  raise  a  revenue  in  America.' 
Results  of  By  a  partial  repeal  you  annihilated  the  greatest  part  of 
a  partial     ^^^^^  revcuue  which  this  preamble  declares  to  be  so  ex- 

ropcal.  i 

pedient.     You  have  substituted  no  other  in  the  place 
*  Lord       of  it.     A  secretary  of  state*  has  disclaimed,  in  the  king's 
ough's  cir  uamc,  all  thoughts  of  such  a  substitution  in  future. 
cuiar  let-    ^he  principle  of  this  disclaimer  goes  to  what  has  been 
left,  as  well  as  what  has  been  repealed.     The  tax  which 
lingers  after  its  companions  (under  a  preamble  declar- 
ing an  American  revenue  expedient,  and  for  the  sole 
purpose  of  supporting  the  theory  of  that   preamble) 
militates  with  the  assurance  authentically  conveyed  to 
the  colonies,  and  is  an  exhaustless  source  of  jealousy 
and  animosity.     On  this  statement,  which  I  take  to  be 
a  fair  one,  not  being  able  to  discern  any  grounds  of 
honor,  advantage,  peace,  or  power,  for  adhering  either 
Is  in  favor  to  the  act  ov  the  preamble^  I  shall  vote  for  the  ques- 
pcal'^  ^^'  tion  which  leads  to  the  repeal  of  both.     It  is  agreed 
that  a  revenue  is  not  to  be  had  in  America.     If  we  lose 
Motion      the  profit  let  us  get  rid  of  the  odium.'"     The  repeal  was 
^''''  lost. 

The  next  step  in  this  plan  for  subjugating  the  colo- 
nies was  the  introduction  of 
Additional      "^  Bill  for  the  better  providing  suitable  quarters  for 
qlllrtering  officers  and  soldiers  in  his  majesty's  service  in  North 
troops  in    America:''      Another    ^'■Quartering    Act:'      This    bill 
Mry7m4.  passed  in  the  House  of  ^Commons  on  the  ninth  day  of 
May,  and  was  engrossed  and  sent  to  the  House  of  Lords, 
and  on  the  twenty-sixth  of  May,  on  the  question,  shall 


THE  UNITED    STATES   OF   AMEEICA.  463 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

the  bill  pass  ?     Lord,  the  Earl  of  Chatham,  rose  and  The  Tea 

.■I  ^  duty,  17'74. 

S^lCl :  Additional 

"My  lords,  the  unfavorable  state  of  my  health,  under '''•^  fo"". 

Quarteriii'^ 

which  I  have  long  laboured,  could  not  prevent  me  from  troops  in° 
laying  before  your  lordships  my  thoughts  on  the  bill  ^"^'-'"''^' 
now  upon  the  table,  and  on  the  state  of  American 
affairs  in  general. 

"If  we  take  a  transient  view  of  those  motives  which  Speech  of 
induced  the  ancestors  of  our  fellow-subjects  in  America  ^^^^^ 
to  leave  their  country  to  encounter  the  innumerable  House  of 
difficulties  of  the  unexplored  regions  of  the  Western  26. 
world,  our  astonishment  at  the  present  conduct  of  their 
descendants  will  naturally  subside.     There  was  no  cor- 
ner of  the  world  into  wlfich  men  of  their  free  and  enter- 
prising spirit  would  not  fly  with  alacrity,  rather  than 
submit  to  the  slavish  and  tyrannical  principles  which 
prevailed  at  that  period  in  their  native  country.     And 
shall  we  wonder,  my  lords,  if  the  descendants  of  siicli 
illustrious  characters  spurn  with  contempt,  the  hand  of 
unconstitutional  power  that  would  snatch  from  them  He  defends 
such  dear-bought  privileges  as  they  now  contend  for  ?  tio^n'of  Ae 
Had   the  British  colonies  been  planted  by  any  other  colonies, 
kingdom  than  our  own,  the  inhabitants  would  have  car- 
ried with  them  the  chains  of  slavery  and  the  spirit  of 
despotism;  but  as  they  are,  they  ought  to  be  remem- 
bered as   great  instances  to  instruct  the  world  what 
great  exertions  mankind  will  naturally  make  when  they 
are  left  to  the  free  exercise  of  their  own  powers.     And, 
my  lords,  notwithstanding   my  intention  to    give    my 
hearty  negative  to  the  question  now  before  you,  I  can- 
not help  condemning,  in  the  severest  manner,  the  late 
turbulent  and  unwarrantable  conduct  of  the  Americans 
in  some  instances,  particularly  in  the  late  riots  of  Bos- 
ton.    But,  my  lords,  the  mode  which  has  been  pursued  He  con- 
to  bring  them  back  to  a  sense  of  duty  to  their  parent  f'''"'"^  *^® 

°  .  measures 

state,  has  been  so  diametrically  opposite  to  the  funda-of  parlia- 
mental  principles  of  sound  policy,  that  individuals  pos-™^"  " 
sessed  of  common  understanding  must  be  astonished  at 


464  THE   GOVERNMENTAL   HISTORY   OP' 

Part  III.  origin  and  causes  of  the  revolution. 

The  Tea  such  proceedings.  By  blocking  up  the  harbour  of  Bos- 
T^  ^'n.  /ton  vou  have  involved  the  innocent  trader  in  the  same 

Lord  Chat-  ^ 

ham  on  the  punishment  with  the  guilty  profligates  who  destroyed 
quartering  jo^ir  merchandize,  and  instead  of  making  a  well-con- 
tioops  in    certed  effort  to  secure  the  real  offenders,  you  clap  a 

America,  ,  t       •^•,  •  •  ■,  i-ii 

House  of    naval  and  military  extinguisher  over  their  harbour,  and 
Lords,  May  punish  the  crime  of  a  few  lawless  depredators  and  their 
abettors  upon  the  whole  body  of  the  inhabitants. 

"My  lords,  England  is  little  obliged  to  the  framers 
and   promoters  of  this  tea  tax.      The  Americans  had 
almost  forgot,  in  their  excess  of  gratitude  for  the  repeal 
of  the  Stamp  Act,  any  interest  but  that  of  the  mother 
State  of     country.     There  seemed  an  emulation  among  the  differ- 
before  the  G^^^  provinces  who  should  be  most  dutiful  and  forward 
Tea  Tax.    [^  their  expressions  of  loyalty  to  their  real  benefactors; 
as  you  will  readily  perceive  by  the  following  letter  from 
*  Gov.  of   governor   Bernard,*  to  a  noble   lord   then   in  office : 
''^■'The  house  of  representatives,'  says  he,  'from  the  time 
of  opening  the  session  to  this  day,  has  shown  a  dispo- 
sition to  avoid  all  dispute  with  me.     Everything  having 
passed  with  as  much  good   humor  as  I  could  desire. 
They  have  acted,  in  all  things,  with  temper  and  mode- 
ration;  they  have  avoided  some  subjects  of  dispute, 
and  have  laid  a  foundation  for  removing  some  causes 
of  former  altercation.' 

"This,  my  lords,  was  the  temper  of  the  Americans, 
and  would  have  continued  so,  had  it  not  been  inter- 
rupted by  your  fruitless  endeavors  to  tax  them  without 
their  consent.  But  the  moment  they  perceived  that 
your  intention  was  renewed  to  tax  them,  under  a  pre- 
tence of  serving  the  East  India  Company,  their  resent- 
ment got  the  ascendant  of  their  moderation,  and  hur- 
ried tliem  into  actions  contrary  to  law,  which,  in  their 
Cause  of  coolcr  hours,  they  would  have  thought  on  with  horror: 
the  de-      f^j.  J  sincerclv  believe,  the  destroyins;  of  the  tea  was  the 

Btruction  '  '_  '  .^     cj     ./. 

of  the  tea.  effect  of  despair. 

"But,  my  lords,  from  the  complexion  of  the  whole 
of  the  proceedings,  I  think  administration  has  purposely 


THE   UNITED    STATES   OF   AMERICA.  465 


THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

irritated  them  into  those  late  violent  acts  for  which  The  Tea 
they  now  so  severely  smart,  piirposel//  to  be  revetiged  om  i^o,,j  chat- 
them  for  the  victory  they  gained  by  the  repeal  of  the  •"""''^ 
Stamp  Act,  a  measure  to  which  they  seemingly  acqui-  the  bill  for 
esccd,  but  at  the  bottom  they  were  its  real  enemies,  ['^^^'^'g"^" 
For  what  other  motive  could  induce  them  to  dress  tax-  America, 
ation,  that  father  of  American  sedition,  in  the  robes  of  1^74.   ' 
an   East  India   Director,  but  to  break  in  upon  that 
mutual  peace  and  harmony  which  then  so  happily  sul> 
sisted  between  them  and  the  mother  country?" 

"  My  lords,  I  am  an  old  man,  and  would  advise  the 
noble  lords  in  office  to  adopt  a  more  gentle  mode  of 
governing  ^Vmerica;  for  the  day  is  not  far  distant,  i/y'/ie^i  Character 
America  may  vie  with  these  kingdoms,  not  only  in  arms,  pectfoT" 
hut  in  arts  also.     It  is  an  established  fact  that  the  jjrin- ^°ierica. 
cipal  towns  in  America  are  learned  and  polite,  and 
understand  the  constitution  of  the  empire  as  well  as 
the  noble  lords  who  are  now  in  office ;  and  consequent- 
ly, they  will  have  a  watchful  eye  over  their  liberties,  to 
prevent   the  least  encroachment  on   their   hereditary 
rights. 

"Tliis  observation  is  so  recently  exemplified  in  an 
excellent  pamphlet,  which  comes  from  the  pen  of  an 
American  gentleman,  that  I  shall  take  tlie  liberty  of 
reading  to  your  lordships  his  thoughts  on  the  compe-  cites  an 
tency  of  the  British  parliament  to  tax  America,  wliich,  -^"^f "-. 

''  _    _  ^  ,     ,  ^  _         '  '  can  s  views 

in  my  opinion,  puts  this  interesting  matter  in  the  clear- against  the 
est  view.     'The  High  Court  of  Parliament,'  he  saySj^X'^''^ 
'  is  the  supreme  legislative  power  over  the  whole  empire.  ^^^^' 
In  all  free  states  the  constitution  is  fixed ;  and  as  the 
supreme  legislature  derives   its  power  and   authority 
from  the  constitution,  it  cannot  overleap  the  bounds  of 
it,  without  destroying  its  own  foundation.     The  consti- 
tution   ascertains    and    limits    both    sovereignty    and 
allegiance;  and  tlierefore  his  majesty's  American  sub- 
jects, who  acknowledge  themselves  bound  by  the  ties 
of  allegiance,  have  an  equitable  claim  to  the  full  enjoy- 
ment of  the  fundamental  rules  of  the  English  coustitu- 
30 


466  THE   GOVERNMENTAL   HISTORY    OF 

Part  III.  origin  and  causks  of  the  revolution. 


The  Tea  tioii ;  and  that  it  is  an  essential  unalterable  right  in 
Lord  Chat-  nature,  engrafted  in  the  British  constitution  as  a  fiinda- 
ham's        mental  law,  and  ever  held  sacred  and  irrevocable  bv  the 

speech  on  _  '     _  J        ^ 

the  bill  for  subjccts  witliin  this  realm,  that  what  a  man  has  hon- 
?roops7ii^  estly  acc{\ured,  is  absohitelr/  his  own,  which  he  ma?/ f reefy 
America,    give,  but  wMck  canuot  be  taken  from  him  ivithout  his 

May  26,  , 

1774.         consent. 

"  This,  mj  lords,  though  no  new  doctrine,  has 
always  been  my  received  and  unalterable  opinion,  and 
I  will  carry  it  to  my  grave,  that  this  country  had  no 
He  en-  right  under  heaven  to  tax  America.  It  is  contrary  to 
AnieHcan  ^^^  ^^^^  principles  of  justice  and  civil  policy,  which  nei- 
view  of  tlier  the  exigencies  of  the  state,  nor  even  an  acquies- 
tion  cence  in  the  taxes,  could  justify  upon  any  occasion  what- 

ever;  such  proceedings  will  never  meet  their  wished-for 
success  ;  and,  instead  of  adding  to  their  miseries,  as 
the  bill  now  before  you  most  undoubtedly  does,  adopt 
some  lenient  measures  which  may  lure  them  to  their 
Eecora-  duty :  Proceed  like  a  kind  and  affectionate  parent 
mends  a     Qyej.  a  child  whom  he   tenderly  loves,  and,  instead  of 

more  len-  •'  _  ' 

lent  policy,  those  harsh  and  severe  proceedings,  pass  an  amnesty 
on  all  their  youtliful  errors  ;  clasp  them  once  more  in 
your  fond  and  affectionate  arms ;  and,  I  will  venture 
to  affirm,  you  will  find  them  children  worthy  of  their 
sire. 

"  But  should  their  turbulence  exist  after  your  prof- 
fered terms  of  forgiveness,  which  I  hope  and  expect 
this  house  will  immediately  adopt,  I  will  be  among 
the  foremost  of  your  lordships  to  move  for  such  meas- 
ures as  will  effectually  prevent  a  future  relapse,  and 
make  tliom  feel  what  it  is  to  provoke  a  fond  and  forgiv- 
ing parent  I  A  parent,  my  lords,  whose  welfare  has 
ever  been  my  greatest  and  most  pleasing  consolation. 
This  declaration  may  seem  unnecessary  ;  but  I  will 
venture  to  declare,  the  period  is  not  far  distant,  when 
she  will  want  the  assistance  of  her  most  distant 
friends.  But  sliould  the  all-disposing  hand  of  Provi- 
dence prevent  me  from  affording  her  my  poor  assist- 


THE   UNITED    STATES   OP   AMERICA.  467 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaKT    III. 

ance,  my  prayers  shall  be  ever  for  her  welfare  ;  '  length  Tiie  tea 
of  days  be  in  her  right  hand,  and  in  her  left  hand 
riches  and  honor ;  may  her  ways  be  ways  of  pleasant- 
ness, and  all  her  paths  be  peace. '  " 

Notwithstanding  this  eloquent  and  conservative  ap-  The  bill 
peal,  the  bill  passed  into  a  law.     This  was  followed  by  ^'^''^''  ' 
"  An  Act  for  making  viore  effectual  provision  for  the  The  Que- 
governmeiit  of  the  province  of  Quebec  in  North  Amer-  ^y^^^^  1^74. 
tm,"  passed  June  eighteenth  following.     This  was  fol- 
lowed by  ^'■An  Act  to  prevent  the  exportation  to  foreig-mhe  ex^pon 
parts  of  utensils  made  use  of  in  the  cotton,  linen,  and^^^^^  ^^ ' 
woolen,  and  silk  manufactures  of  this  kingdom.''^ 

This  ended  the  series  of  measures  adopted  at  this 
session  of  parliament  for  punishing  and  subjugating  the 
colonies. 


We   must   now   follow   these   measures   across   the  General 
Atlantic,  and  mark  their  operation  upon  the  colonies  of  these 
and  the  people  which  they  were  intended  to  subjugate.  ?^''^^°^"p^'^" 
The  scene  opens  in  the  fated  town  of  Boston  in  Massa- 
chusetts Bay.     By  the  provisions  of  the  Port  Bill,  and 
the  other  enactments,  the  seat  of  government  of  the  col- 
ony, and    the    custom-house,  were    transferred    from 
Boston  to  Salem.     Armed  vessels  were  stationed  in 
the  harbour  to  prevent   the    entry  of  ships.     A  fine 
was  imposed  upon  the  town  equal  to  the  value  of  the 
tea  destroyed ;  and  soldiers  were  quartered  upon  the 
inhabitants,  to    enforce    obedience    to   the    laws  and 
regulations  established  by  parliament,  for  the  collec- 
tion of  the  commercial  tax  of  three-pence  per  pound 
upon  tea,  shipped  to  America  by  the  East  India  Com- 
pany ;    as  well   from   their  ware-houses   in   England, 
where  the  tax  upon   the  company  was  withdrawn,  as 
from  India  direct.     Strange  as  it  may  now  appear,  it  Reception 
was  resolutely  insisted  by  the  dominant  administration  nieasures 
party  in  England,  that  by  adopting  these  retributive  meas-  °^  P'lr'ia- 
urcs  against  Boston,  and  thus  making  tliat  town  an  exam-  America, 
pie,  it  would  not  only  awe  the  other  towns  into  submis-  ^^'^' 


468  THE   GOVERNMENTAL    HISTORY   OF 

Part  III.  origin  and  causes  of  the  revolution. 

The  tea      sioii,  but  also  that  the  advantages  which   they  might 
^^'^-         derive  from  the  closing  of  the  port  of  Boston,  would 
parik-       induce  the  other  colonies  to  look   indifferently  on  the 
Measures.   Controversy,  and  perhaps  even  to  espouse  the  cause  of 
the  mother  country.     But  the   interests  and  the  princi- 
ples involved  in  the  contest  were  far  otherwise  esti- 
mated and  regarded  by  the  people  of  America.     The 
following  sentiments  emanating  from  the  town  of  Salem, 
which  was  more  immediately  to  be  benefitted  by  the 
measures  adopted,   show   how   ignorant    the    ministry 
were  of  the  spirit  which  ruled  in  the  colonies. 
ft^oTsa-"'^      "By   shutting  up  the   port  of    Boston,"   they  say, 
lem.  "  some  imagine  that   the    course   of    trade  might  be 

turned  hither,  and  to  our  benefit ;  but  nature,  in  the 
formation  of  our  harbour,  forbids  our  becoming  rivals 
in  commerce  with  that  convenient  mart :  And,  were  it 
otherwise,  we  must  be  dead  to  every  idea  of  justice, 
lost  to  all  feelings  of  humanity,  could  we  indulge  one 
thought  to  seize  on  wealth,  and  raise  our  fortunes,  on 
the  ruin  of  our  suffering  neighbours." 
Responded  These  scntimcnts  were  every  where  responded  to. 
totiirough  "Within  a  very  short  time  after  the  Port  Bill  arrived  at 

out  the  ^         •'  _ 

colonies.     Boston,  it  was   circulated    through    all   the  colonies, 
printed  with  a  broad   black  border,  with  various  em- 
blematical expressions  of  the  views  and  feelings  of  the 
Circulation  people  respecting  it.     In  Philadelphia,  and  other  com- 
of  tiie  Bos-  mercial  towns,  and  throughout  the  colony  of  Virginia, 
Bill  in       the  day  appointed  for  its  operation  was  regarded  with 
menca.    a  fv^gti^jp,     humiliation    and     prayer."       And    it    was 

Proceed-  °'  •        i  i         ri     n 

ings  in       rccommeiided  to  the  inhabitants  "  to  implore  that  God 
niTand  ^'^^^ould  give  the  people  one  heart  and  one   mind  firmly 
Virginia,    to  opposc  every  invasion  of  the  American  rights." 
Opinions        There  was,  perliaps,  no  man  in  all  America  who  had 
of  Wash-   ^^atchcd  with  a  keener  or  more  profound  observation 

ington  on  ^ 

the  tea  du- the  progress  of  things,  both  in   England   and  on  this 

1774."  "^'     continent,  at  this  time,  than  George  Washington.     I 

therefore  give  place  to  the  expression  of  his  views,  not 

only  as  worthy  of  all  respect  and  confidence,  but  also 


THE    UNITED    STATES    OF    AMERICA.  4G9 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  TaKT    III. 

as  iiidicatiiiti;  the  general  and  prevailing  sentiment  of  the  The  tea 

mi  •        1    •  1  duty. 

people  of  the  colonies.     They  are  contained  m  a  letter  opi'^io^g 
written  from  Mount  Vernon,  and  bearing  date  the  fourth  o'  Wash- 

^  ^     ■      n  •  1    •  X  IV  lllgtOU,  JU- 

day  of  July,  to  Mr.  Bryan  Fairfax,  urging  him  tQ  ofler  i^.^  1774. 
himself  as  a  candidate  for  the  house  of  burgesses.     Mr. 
Fairfax  had  declined  being  a  candidate,  because  his 
sentiments  differed  so  from  those  generally  entertained 
by  the  people ;  he  thought  he  "  could  not  give  satisfac- 
tion at  this  time,  as  he  was  opposed  to  strong  measures 
of  resistance."     Washington  writes — "  As  to  your  polit-  Letter  to 
ical  sentiments  I  would  heartily  join  you  in  them,  so  far  j-^^' 
as  relates  to  a  humble    and   dutiful   petition  to  the 
throne,  provided  there  was  the  most  distant  hope  of 
success  :     But  have  we  not  tried  this  already  ?     Have 
we  not  addressed  the  lords,  and  remonstrated  to  the 
commons  ?     And  to  what  end  ?     Did  they  deign  to 
look  at  our  petitions  ?     Does  it  not  appear,  as  clear  as 
the  sun  in  its  meridian  brightness,  that  there  is  a  reg- 
ular systematic  plan  formed  to  fix  the  right  and  prac- 
tice of  taxation  upon  us  ?     Does  not  the  uniform  con-  No  hope  of 
duct  of  parliament  for  some  years  past  confirm  this  ?  fj-om  par- 
Do  not  all  the  debates,  especially  those  just  brought  to  liament. 
us,  in  the  House  of  Commons,  on  the  side  of  govern- 
ment, expressly  declare  that  America  must  be  taxed  in 
aid  of  the  British  funds,  and  that  she  has  no  longer 
resources  within  herself?    Is  there    any  thing  to  be 
expected  from  petitioning  after  this  ?     Is  not  the  attack 
upon  the  liberty  and  property  of  the  people  of  Boston, 
before  restitution  of  the  loss  to  the  East  India  Com- 
pany was  demanded,  a  plain  and  self-evident  proof  of 
what  they  are  aiming  at  ?     Do  not  the  subsequent  bills  The  acts  of 
(now,  I  dare  say,  acts)  for  depriving  the  Massachusetts  against 
Bay  of  its  charter,  and  for  transporting  offenders  into  i^oston. 
other  colonies,  or  to  Great  Britain,  for  trial,  where  it  is 
impossible  from  the  nature  of  the  thing  that  justice 
can  be  obtained,  convince  us  that  the  administration  is 
determined   to   stick  at  nothing  to   carry  its  point? 


470  THE   GOVERNMENTAL   HISTORY   OF 


Part  III.  ouigin  and  causes  of  thk  revolution. 

The  tea      Ought  we  not,  then,  to  put  our  virtue  and  fortitude  to 
*2  Sparks'  ^^^^  scverest  test  ?  "* 

Writings        And  again  in  a  letter  addressed  to  the  same  Mr. 

ingtor      Fairlax,  on  the  twentieth  of  the  same  month,  he  says  : 

"That  I  differ  very  widely  from  you,  in  respect  to  the 

Opinions    modc  of  obtaining  a  repeal  of  the  acts  so  much  com- 

ington,       plained  of,  I  shall  not  hesitate  to  acknowledge  ;  and 

July,  17V4.  tiiat  this  difference  in  opinion  probably  proceeds  from 

the  different  constructions  we  put  upon  the  conduct 

and  intention  of  the  ministry,  may  also  be  true ;  but, 

as  I  see  nothing,  on  the  one  hand,  to  induce  a  belief 

that  the  parliament  would  allow  a  favorable  opportunity 

to  pass,  in  order  to    enforce  their  tyrannical  system ; 

and,  on  the  other,  I  observe,  or  think  I  observe,  that 

Believes     government  is  pursuing  a  regular  plan,  at  the  expense 

the  design  ^f  jr^^  j^j^^j  iusticc,   to  overtlirow  our  constitutional 

IS  to  over-     .  !• 

throw        rights   and  liberties;    how  can  I  expect  any  redress 
libertv'^'^^  from  a  measure,  which  has  been  ineffectually   tried 
already  ?      For,    Sir,   what   is   it   we    are    contending 
against  ?     Is  it  against  paying  the  duty  of  three-pence 
per  pound  on  tea  because  burthensome  ?     No,  it  is  the 
right  only  that  ive  have  all  along-  disputed;  and  to  this 
end  we  have  already   petitioned  his  majesty  in  as  hum- 
ble and  dutiful  a  manner  as  subjects  could  do.     Nay, 
more,  we  applied  to  the  House  of  Lords  and  House  of 
Commons,  in  their  different  legislative  capacities,  set- 
ting forth,  that  as  Englishmen  we  could  not  be  de- 
prived of  this  essential  and  valuable  part  of  our  con- 
The  true    stitution.     If,  then,  as  the  fact  really  is,  it  is  against 
stated.       i^f^^  right  of  taxation  that  we  now  do,  and,  as  I  before 
said,  all  along  have  contended,  why  should  they  sup- 
pose that  an  exertion  of  this  power  would  be  less  ob- 
noxious now  than  formerly  ?     And  what  reason  have 
No  justifi-  wo  to  believe  that  they  would  make  a  second  attempt 
cation  of    y^\^[\^i  ^iig  same  sentiments  fill   the  breast  of   every 

the  pro-  •' 


ceedings     American,  if  they  did    not    intend  to    enforce  it  if 
liblc? 
The  conduct  of  the  Boston  people  could  not  justify 


against  ■■,  ■,     o 

Boston.      possible  ? 


THE   UNITED    STATES   OF  AMERICA.  471 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaUT    III. 


the  rigor  of  their  measures,  unless  there  had  been  a  The  tea 
requisition  of  payment  and  refusal  of  it ;  nor  did  that  ^^^/\ 
conduct  require  an  act  to  deprive  the  government  of  of  Wash- 
Massacliusetts   Bay   of   their   charter ;    or  to   exempt  j  ^^""^Vk  . 
offenders  from  trial  in  the  places  where  offences  were 
committed  ;  as  there  was  not,  nor  could  there   be,  a 
single  instance  produced  to  manifest  the  necessity  of  it.  Evidences 
Are  not  all  these  things  evident  proofs  of  a  fixed  and^f  JJlf^f"^ 
uniform  plan  to  tax  us  ?     If  we  want  further  proofs,  'stry. 
do  not  all  the  debates  in  the  House  of  Commons  serve 
to  confirm  this  ?     What  hope  have  we  then  from  peti- 
tioning, when  they  tell  us  that  now  or  never  is  the  Xo  hope 
time  to   fix  the  matter  ?     Shall  we,  after  this,  whine  uoLg!*'" 
and  cry  for  relief,  when  we  have  already  tried  it  in 
vain  ?     Or  shall  we  supinely  sit  and  see  one  province 
after  another  fall  a  sacrifice  to  despotism  ? 

"If  I  were  in  any  doubt  as  to  the  right  which  the  Has  no 
parliament  of  Great  Britain  had  to  tax  us  without  our  fu '^^^  '"^ 

^  _  the  prem- 

consent,  I  should  most  heartily  coincide  with  you  in  ises. 
opinion,  that  to  petition,  and  to  petition  only,  is  the 
proper  method  to  apply  for  relief;  because  we  should 
then  be  asking  a  favor,  and  not  claiming  a  right,  which, 
by  the  law  of  nature,  and  by  our  constitution,  we  are, 
in  my  opinion,  indubitably  entitled  to.  I  should  even 
think  it  criminal  to  go  further  than  this,  under  such  an 
idea;  but  I  have  none  such.  I  think  the  parliament  of 
Great  Britain  have  no  more  right  to  put  their  hands  into 
my  pocket,  without  my  consent,  than  I  have  to  put  my 
hands  into  yours.  And  this  being  already  urged  to  *  2  Sparks' 
them,  in  a  firm  but  decent  manner,  by  all  the  colonies,  ^'"'^J"^,'* 

'  .  '     •'  'of  Wash- 

what  reason  is  there  to   expect  anything  from  their  ington. 
justice  ?  "* 


This  letter  was   written  in  reference  to  the  action  colonial 
proposed  to   be   taken  by  a  convention  of   delegates  <^:°"^'^"' 
from  all  parts  of  the  colony,  which  had  been  previously 
called  to  meet  at  Williamsburg  on  the  first  of  August 
then  next  ensuing.     Washington  was  elected  a  member 


472  THE   GOVERNMENTAL   HISTORY   OP 

Part  III.  origin  and  causes  of  the  revolution. 

The  tea      from  Fairfax  county,  and  took  his  seat  in  the  convcn- 
*^^^^'         tion,  and  had  a  controUing  influence  over  all  its  pro- 
ceedings.    Similar  conventions  were  held  in  all  of  the 
colonies.     A  correspondence  was  opened  between  them, 
by  committees  appointed  for  the  purpose,  relative  to 
A  General  the  expediency  of  calling  a  general  congress  of  dele- 
S"Sed  gates  from  the  several  colonies,  to  take  into  considera- 
tion the  late  acts  of  parliament,  as  well  as  to  devise 
some  method  of  obtaining  relief.     The  arbitrary  and 
high-handed  measures  of    the  ministry,  as  one  after 
another  they  were  devised  and  passed  through  parlia- 
ment, and  reached  America,  alarmed  the  colonies  and 
General  re- the  people;    and  they  universally   responded   to    the 
the"propo-  proposition.     A  resolution  passed  the  convention  of 
sal.  Virginia,  which  expressed  not  only  the  sentiments  of 

that  colony,  but  of  every  other.     It  was  as  follows, 
viz. : 
Resolution      "RESOLVED,  That  an  attack  made  on  one  of  our  sis- 
ginia  cin-'  tor  colonics,  to  compel  submission  to  arbitrary  taxes, 
vention.     {g  ^^^  attack  made  on  all  British  America,  and  threatens 
ruin  to  the  rights  of  all,  unless  the  united  wisdom  of 
the  whole  should  be  applied." 
The  Gen-        It  was  under  such  a  conviction  of  its  necessity,  that 
eral  Colo-  ^  Colonial  Congress  was  recommended ;  delegates  to  it 

nialCon-  '^  .  •       ,t  r^  .      ? 

gress.Sept.  were  promptly   appointed,   and  met  ni  "  Carpenter  s 
■^'^''*'        Hall "  in  Philadelphia,  September  fifth,  1774.    This  con- 
gress was  composed  of  delegates  varying  in  the  number 
representing  the  different  colonies,  viz. : 
Names  of        New  HAMPSHIRE — John  Sullivan,  Nathaniel  Folsom. 
Delegates.       MASSACHUSETTS  Bay — Thomas  Cushing,  Samuel  Ad- 
ams, John  Adams,  Robert  Treate  Paine. 

New  York — Isaac  Low,  John  Alsop,  John  Jay, 
James  Duane,  William  Floyd,  Henry  Wisner,  S.  Boe- 
rum,  Philip  Livingston. 

New  Jersey — James  Kinsey,  William  Livingston, 
Stephen  Crane,  Richard  Smith,  John  De  Hart. 

New  Castle,  Kent,  and  Sussex  on  Delaware — Caesar 
Rodney,  Thomas  McKeane,  George  Read. 


THE   UNITED    STATES   OP   AMERICA.  473 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaKT    III. 

Rhode  Island — Stephen*  Hopkins,  Samuel  Ward.       The  Coio- 

Pennsylvania — Joseph  Galloway,  John  Dickinson,  "^g^^^!^"' 
Charles  Humphreys,  Thomas  Mifflin,  Edward  Biddlc,  Phiiadei- 
John  Morton,  George  Ross.  1774.  ^^  ' 

Maryland — Matthew  Tilghman,  Thomas  Johnson, 
William  Paca,  Samuel  Chase, Goldsborough. 

Virginia — Richard  Henry  Lee,  George  Washington, 
P.  Henry,  Jun.,  Richard  Bland,  Peyton  Randolph, 
Benjamin  Harrison,  Edmund  Pendleton. 

North  Carolina — William  Hooper,  Joseph  Hewes, 
R.  Caswell. 

South  Carolina — Henry  Middleton,  Thomas  Lynch, 
Christopher  Gadsden,  John  Rutledge,  Edward  Rut- 
ledge. 

Connecticut — Eliphalet  Dyer,  Roger  Sherman,  Silas 
Deane. 

On  the  opening  of  the  congress,  the  Hon.  Peyton  its  organi- 
Randolph  was  unanimously  chosen  president,  and  Mr.  ^^^^°'^- 
Charles  Thomson,  secretary.  The  credentials  of  the 
several  members  were  then  produced  and  approved ; 
soon  after  which,  the  house  went  into  an  informal  con- 
sideration of  the  rules  and  regulations  by  which  their 
proceedings  should  be  governed ;  but  as  they  were  un- 
able accurately  to  ascertain  the  relative  population  or 
importance  of  each  colony  repi*esented,  they  adjourned, 
without  coming  to  any  definite  conclusion,  to  the  sixth, 
at  10,  A.  M 

September  6th,  1774.     The  congress  met  pursuant  to  Rules  of 
adjournment,  and   resumed   the   consideration  of  the  *^*^^^°'^* 
rules  and  conduct  to  be  observed  in  debating  and  deter- 
mining the  questions  which  should  come  under  delib- 
eration, when  they  passed  the  following,  viz. : 

"  Resolved,  that  in  determining  questions  in  this  con- Each  colo- 
gress,  each  colony  or  province,  shall  have  one  vote,  "ne^^o'tr^ 
The  congress  not  being  possessed  of,  or  at  present  able 
to  procure  any  proper  materials  for  ascertaining  the  im- 
portance of  each  colony. 


474 


THE   GOVERNMENTAL   HISTORY  OP 


Part  III. 


ORIGIN    AND    CAUSES    OF    THE    REVOLUTION. 


The  Colo- 
nial Con- 
gress, Sept. 
1114. 


To  sit  with 
closed 
doors,  &c. 


Commit- 
tee on 
colonial 
rights. 


Commit- 
tee on 
trade  and 
manufac- 
tures. 


To  be 

opened 

with 

prayers. 


The  com- 
mittee on 
colonial 
rights. 


"  Resolved,  that  no  person  shall  speak  more  than 
twice  on  the  same  point,  without  leave  of  the  congress. 

"  Resolved,  that  no  question  shall  be  determined  the 
day  on  which  it  is  agitated  and  debated,  if  any  one  of 
the  colonies  desire  the  determination  to  be  postponed 
to  another  day. 

"  Resolved,  that  the  doors  be  kept  shut  during  the 
time  of  business,  and  that  the  members  consider  them- 
selves under  the  strongest  obligations  of  honor  to  keep 
the  proceedings  secret,  until  the  majority  shall  direct 
them  to  be  made  public. 

"  Resolved,  unanmousit/,  that  a  committee  be  ap- 
pointed to  state  the  rights  of  the  colonies  in  general ; 
the  several  instances  in  which  these  rights  are  violated 
or  infringed  ;  and  the  means  most  pro|)er  to  be  pursued 
for  obtaining  a  restoration  of  them. 

"  Ordered,  that  the  appointment  of  the  committee, 
and  the  number  of  which  it  shall  consist,  be  deferred 
until  to-morrow. 

"  Resolved,  that  a  committee  be  appointed  to  exam- 
ine and  report  the  several  statutes  which  affect  the  trade 
and  manufactures  of  the  colonies.  Same  order  as 
above  respecting  the  appointment  and  number  of  this 
committee. 

"  Resolved,  that  the  Rev.  Mr.  Duch6  be  desired  to 
open  the  congress  to-mojTOW  with  prayer,  at  '  Carpen- 
ter's Hall,'  at  nine  o'clock." 

September  1th,  1774.  The  congress  took  up  the  con- 
sideration of  the  appointment  of  the  committees  afore- 
said, and  decided  that  the  first  committee  should  con- 
sist of  two  from  each  colony,  viz. : 

Major  John  Sullivan,  and  Colonel  Folsom  of  New 
Hampshire :  Mr.  Samuel  Adams  and  Mr.  John  Adams 
of  Massachusetts  Bay  :  Mr.  Hopkins  and  Mr.  Ward  of 
Rhode  Island :  Colonel  Dyer  and  Roger  Sherman  of 
Connecticut :  Mr.  James  Duane  and  John  Jay  of  New 
York:  Mr.  Livingston  and  Mr.  DeHart  of  New  Jer- 
sey :  Mr.  Joseph  Galloway  and  Mr.  Biddlc  of  Pennsyl- 


THE   UNITED   STATES   OF   AMERICA.  475 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

vaiiia  :  Mr.  Caesar  Rodney  and  Mr.  M'Keane  of  Three  The  Colo- 
Counties  :  Mr.  Tliamas  Johnson  and  Mr.  Goldsborough  glesg^gept. 
of  Maryland:  Mr.  Lee  and  Mr.  Pendleton  of  Virginia:  1774. 
Mr.  Lynch  and  Mr.  J.  Rutledge  of  South  Carolina. 

The  second  committee  was  composed  of  one  from 
each  colony,  viz. : 

New  Hampshire,  Mr.  Sullivan  ;  Massachusetts  Bay,  The  com- 
Mr.  Cushing;  Rhode  Island,  Mr.  Hopkins;  Connect!- J'^^^^J^^^ ^c. 
cut,  Mr.  Deane  ;  New  York,  Mr.  Low ;  New  Jersey, 
Mr.  Kinsey ;  Pennsylvania,  Mr.  Mifflin ;  Three   Coun- 
ties, Mr.  Read ;  Maryland,  Mr.  Chase ;  Virginia,  Mr. 
Henry  ;  South  Carolina,  Mr.  Gadsden. 

It  was  then  further  '•'•  Resolved^  that  the  president  may  power  of 

adjourn  the  congress  from  day  to  dav,  when  he  finds  pies'^ent 
•^        .  .   °  J  J  •>  to  adjourn, 

there  is  no  business  prepared  to  be  laid  before  them,  &c. 
and  may,  when  he  finds  it  necessary,  call  them  together 
before  the  time  to  which  they  may  stand  adjourned." 

On  the  fourteenth  of  September,  the  delegates  from  Delegates 
North  Carolina  appeared  and  presented  their  creden-^'°°l 
tials,  which  were  read  and  approved,  and  they  were  per-  Carolina, 
mitted  to  take  their  seats  in  the  congress. 

The  congress  having  received  and  deliberated  upon  p^.^    ^^ 
a  communication  from  the  colony  of  Massachusetts  Bay,  i"gs  in  ref- 
setting  forth  the  late  acts  of  parliament  in  relation  to  Mas&\*^Bay. 
that  province,  the  following  resolutions  were  passed : 

"Resolved,  that  this  congress  do  approve  of  the  op-gustain 
position  made  by  the  inhabitants  of  the  Massachusetts  ^^^^-  ^^l- 
Bay,  to  the  execution  of  the  late  acts  of  parliament ; 
and  if  the  same  shall  be   attempted  to  be  carried  into 
execution  by  force,  in  such  case  all  America  ought  to 
support  them  in  their  opposition. 

"  Resolved,  that  the  removal  of  the  people  of  Boston  General 
into  the  country,  would  be  not  only  extremely  difficult  contribu- 
in  the  execution,  but  so  important  in  its  consequences,  Ikl  ***   ^^ 
as   to   require    the    utmost   dcliljcration   before   it   is 
adopted.     But  in  case  the  provincial  meeting  of  that 
colony  shall  judge  it  absoltiteb/  necessary,  it  is  the  opin- 
ion of  this  congress   that   all  America  ought  to  con- 


476  THE   GOVERNMENTAL   HISTORY   OP 

Part  III.  origin  and  causks  of  the  resolution. 


The  Colo-  tribute  towards  recompensing  them  for  the  injury  they 
gil^Sept.  ^^y  tliereby  sustain. 

1114:.  "  Resolved,  that  this  congress  do  recommend  to  the 

Temporary  ii^habitants  of  Massachusetts  Bay,  to  submit  to  a  sus- 

submis-  .  .  '^/ 

sion  rec-    pcnsioii  of  the  administration  of  justice,  where  it  can- 
ommen  -    ^^^  j^^  procured  in  a  legal  and  peaceable  manner  under 
the  rules  of  the  charter,  and  the  laws  founded  thereon, 
until  the  effect  of  our  application  for  the  repeal  of  the 
acts,  by  which   their  charter-rights   are   infringed,  is 
known. 
None  to  ac-     "  RESOLVED  unanimously,  that  every  person  who  shall 
cept  office  lake,  accept,  or  act  under  any  commission  or  authority, 
late  acts  of  in  any  wise  derived  from  the  act  passed  in  the  last  ses- 
me^ut^'        ^ion  of  parliament,  changing  the  form  of  government, 
and  violating  the  charter  of  the  province  of  Massachu- 
setts Bay,  ought  to  be  held  in  detestation,  and  consid- 
ered the  wicked  tool  of  that  despotism  which  is  pre- 
paring to  destroy  those  rights  which  God,  nature,  and 
compact,  have  given  to  America. 
Recom-         "  RESOLVED  unanimously ,  that  the  people  of  Boston  and 
mend  for-  the  Massachusetts  Bay,  be  advised  still  to  conduct  them- 
to  Mas?    selves  peaceably  towards  his  excellency  General  Gage, 
^'^y-  and  his  majesty's  troops  now  stationed  in  the  town  of 

Boston,  as  far  as  can  possibly  consist  with  their  imme- 
diate safety  and  the  security  of  the  town,  avoiding  and 
discountenancing  every  violation  of  his  majesty's  prop- 
erty, or  any  insult  to  his  troops ;  and  that  they  peace- 
ably and  firmly  persevere  in  the  line  in  which  they  are 
now  conducting  themselves  on  the  defensive. 
Resistance      "  Resolved,  that  the  seizing,  or  attempting  to  seize, 

to  seizure  ryersou  in  America  in  order  to  transport  such  per- 

of  persons.       J    ^  .   ■,         o      rr  -4.*   ^ 

son  beyond  the  sea,  for  trials  of  offenses  committed 
within  the  body  of  a  county  in  America,  being  against 
law,  will  justify,  and  ought  to  meet  with  resistance  and 
reprisal." 

A  letter  was  also  addressed  to  General  Gage,  com- 
mander of  his  majesty's  troops  at  Boston,  as  follows : 


THE    UNITED    STATES    OP    AMERICA.  477 

THK    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    IU. 

"  Philadelphia^  Oct.  10,  1774.  niai  Con- 
"  Sir,— The  inhabitants  of  the  town  of  Boston  have  in- f i;ff .  Sept. 
formed  us,  the  representatives  of  his  majesty's  faithful 
subjects  in  all  the  colonies  from  Nova  Scotia  to  Geor- 
gia, that  tlie  fortifications  erecting  within  that  town, 
the  frequent  invasions  of  private  property,  and  the  re- 
peated insults  they  receive  from  the  soldiery,  have  given 
them  great  reason  to  suspect  a  plan  is  formed  very 
destructive  to  them,  and  tending  to  overthrow  the  lib- 
erties of  America.  Your  excellency  cannot  be  a  stran- 
ger to  the  sentiments  of  America  with  respect  to  the 
late  acts  of  parliament,  under  the  execution  of  which 
tliose  unhappy  people  are  oppressed ;  the  approbation 
universally  expressed  of  their  conduct,  and  the  deter- 
mined resolutions  of  the  colonies  for  the  preservation 
of  their  common  rights,  to  unite  in  their  opposition  to 
those  acts.  In  consequence  of  these  sentiments,  they  ^g^j^gj.  ^^ 
have  appointed  us  the  guardians  of  their  rights  and  lib- Gen.  Gage 
erties,  and  we  are  under  the  deepest  concern,  that, 
whilst  we  are  pursuing  every  dutiful  and'  peaceable 
measure,  to  procure  a  cordial  and  effectual  reconcilia- 
tion between  Great  Britain  and  the  colonies,  your  excel- 
lency should  proceed  in  a  manner  that  bears  so  hostile 
an  appearance,  and  which  even  these  oppressive  acts  do 
not  warrant.  We  entreat  your  excellency  to  consider 
what  tendency  tliis  conduct  must  have  to  irritate  and 
force  a  people,  however  well  disposed  to  peaceable 
measures,  into  hostilities  which  may  prevent  the  en- 
deavors of  thig  congress  to  restore  a  good  understand- 
ing with  a  parent  state,  and  may  involve  us  in  the  hor- 
rors of  a  civil  war.  In  order,  therefore,  to  quiet  the 
minds,  and  remove  the  reasonable  jealousies  of  the  peo- 
ple, that  they  may  not  be  driven  to  a  state  of  despera- 
tion, being  fully  persuaded  of  their  pacific  disposition 
towards  the  king's  troops,  could  they  be  assured  of  their 
own  safety,  we  hope,  sir,  you  will  discontinue  the  for- 
tifications in  and  about  Boston,  prevent  any  further  in- 


478 


THE   GOVERNMENTAL   HISTORY   OF 


Part  III. 


ORIGIN    AND    CAUSES    OF    THE    REVOLUTION. 


nial  Con 
gress 

1114:. 


The  Colo-  vasions  of  private  property,  restrain  the  irregularities 
^a^\  of  the  soldiers,  and  give  orders  that  the   communica- 
tions  between  the  town  and  country  may  be  open,  un- 
molested, and  free.     Signed  by  order  and  in  behalf  of 
the  General  Congress. 

Peyton  Randolph,  President. 


The  Deck' 
ration  of 
Rights. 


Enumera- 
tion of 
grievan- 
ces. 


The  Declaration  of  Eights,  and  other  proceedings 
prepared  by  the  respective  committees,  and  published 
by  this  congress,  contain  so  full  and  comprehensive  a 
view  of  all  the  grievances  complained  of,  and  of  the 
rights  claimed  in  America,  and  so  well  illustrate  the 
position  in  which  the  two  countries  now  stood  with  ref- 
erence to  each  other,  that  they  necessarily  become  a 
part  of  this  work. 

The  Declaration  of  Rights. 

"Whereas,  since  the  close  of  the  last  war,  the  Brit- 
ish parliament,  claiming  a  power,  of  right,  to  bind  the 
people  of  America  by  statutes  in  all  cases  whatsoever, 
hath  in  some  acts  expressly  imposed  taxes  upon  them ; 
and  in  others,  under  various  pretences,  but  in  fact  for 
the  purpose  of  raising  a  revenue,  hath  imposed  rates 
and  duties  payable  in  these  colonies,  established  aboard 
of  commissioners  with  unconstitutional  powers,  and 
extended  the  jurisdiction  of  courts  of  admiralty,  not 
only  for  collecting  the  said  duties,  but  for  the  trial  of 
causes  merely  arising  within  the  body  of  a  county. 

"And  whereas,  in  consequence  of  other  stalutes, 
judges,  who  before  held  only  estates  at  will  in  their 
offices,  have  been  made  dependent  on  the  crown  alone 
for  their  salaries,  and  standing  armies  kept  in  times 
of  peace.  And  whereas,  it  has  lately  been  resolved  in 
parliament,  that  by  force  of  a  statute,  made  in  the 
thirty-fifth  year  of  the  reign  of  king  Henry  VHI.,  col- 
onists may  be  transported  to  England  and  tried  there 
upon  accusations  for  treasons,  and  misprisions  and  con- 
cealments of  treasons  committed  in  the  colonies,  and 


THE   UNITED    STATES   OF  AMERICA.  479 

THE    COMMERCIAL    SYSTEM    OP    TAXATION.  ParT    III. 

by  a  late  statute  such  trials  have  been  directed  iu  cases  The  Colo- 
therein  mentioned.     And  whereas,  m  the  last  session^^^'^^  ^^^' 

'  gross   at 

of  parliament,  three  statutes  were  made  ;  one  entitled  I'hiiadel- 
' An  Act  to  discontinue  in  such  manner  and  for  such!!"'!!' 

Declara- 

time  as  therein  mentioned,  the  landing  and  discharging,  tion  of 
lading  or  shipping  of  goods,  wares,  and  merchandise    '^  *^  ^^' 
at  the  town,  and  within  the  harbour  of  Boston,  in  the 
province  of   Massachusetts   Bay,  in   North  America,' 
and  another,  entitled  'An  Act  for  the  impartial  admin- Late  acta 
istration  of  justice,  in  the  cases  of  persons  questioned*'^  parlia- 
for  any  act  done  by  them  in  the  execution  of  the  law, 
or  for   the   suppression   of  riots   and  tumults,  in   the 
province  of  Massachusetts  Bay  in  New  England;'  and 
another  statute  was  then  made,  '  For  making  more  ef- 
fectual provision  for  the  government  of  the  province 
of   Quebec,'   &c.      All  which   statutes    are    impolitic,  Said  acta 

uniust,  and  cruel,  as  well  as  unconstitutional,  and  most  "nconsti- 
,  T     T  •  r.    1  .  tutionaL 

dangerous  and  destructive  oi  American  rights.     And 

whereas,  assemblies  have  been  frequently  dissolved, 
contrary  to  the  rights  of  the  people,  when  they  attempt- 
ed to  deliberate  on  grievances,  and  their  dutiful,  hum- 
ble, loyal,  and  reasonable  petitions  to  the  crown  for 
redress  have  been  repeatedly  treated  with  contempt  by 
his  majesty's  ministers  of  state,  the  good  people  of  the 
several  colonies  of  New  Hampshire,  Massachusetts 
Bay,  Rhode  Island  and  Providence  Plantations, 
Connecticut,  New  York,  New  Jersey,  Pennsylvania, 
Newcastle,  Kent  and  Sussex  on  Delaware,  Mary- 
land, Virginia,  North  Carolina  and  South  Carolina, 
justly  alarmed  at  the  arbitrary  proceedings  of  parlia- 
ment and  administration,  have  severally  elected,  con- 
stiluted  and  appointed  deputies  to  meet  and  sit  in  gen- 
eral congress,  in  the  city  of  Philadelphia,  in  order  to 
obtain  such  establishment,  as  that  their  religion,  laws, 
and  liberties  may  not  be  sul)verted ;  whereupon  the 
deputies  so  appointed,  being  noiu  assembled,  in  a  full 
and  free  representation  of  these  colonies,  taking  into 
their  most  serious  consideration,  the  best  means  of 


480  THE   GOVERNMENTAL    HISTORY   OP' 

Part  III.  origin  and  causes  or  the  revolution. 

The  Colo-  attaining  the  ends  aforesaid,  do  in  the  first  place,  as 

eress  ar  Englishmen  their  ancestors  have  in  like  cases  usually 

Phiiadei-  done,  for  asserting  and  vindicating   their   rights  and 

!!"t'  liberties,  Declare,  that  the  inhabitants  of  the  Ensrlish 

Declara-  '  _  •'  o 

tion  of  colonies  in  North  America^  by  the  immutable  laics  of  71a- 
'^  ^  ^*  ture,  the  principles  of  the  English  constitution,  and  the 
several  charters  or  compacts,  have  the  following  Rights: 
"Resolved  nemine  contradicente.  I.  That  they 
are  entitled  to  life,  liberty,  and  property,  and  have 
never  ceded  to  any  sovereign  power  whatever,  a  right 
to  dispose  of  either  without  their  consent. 

"11.  That  our  ancestors  were,  at  the  time  of  their 
emigration  from  the  mother  country,  entitled  to  all 
the  rights,  liberties,  and  immunities  of  free  and  nat- 
ural born  subjects  within  the  realm  of  England. 

Enumera-       uju^  That,  by   such  emigration,   they  neither  for- 

their         felted,  surrendered,  nor  lost,  any  of  those  rights. 

rights.  ujY^  Tjj^^  ^l^g  foundation  of  English  liberty,  and  of 

all  free  government,  is  a  right  in  the  people  to  partici- 
pate in  their  legislative  council ;  and  as  the  English 
colonists  arc  not  represented,  and,  from  their  local  and 
other  circumstances,  cannot  properly  be  represented  in 
the  British  parliament,  they  are  entitled  to  a  free  and 
exclusive  power  of  legislation,  in  their  several  provin- 
cial legislatures,  where  their  right  of  legislation  can 
only  be  preserved,  in  all  cases  of  taxation  and  internal 
polity,  subject  only  to  the  negative  of  their  sovereign, 
in  such  manner  as  has  been  heretofore  used  and  accus- 
tomed ;  but  from  the  necessity  of  the  case,  and  a  regard 
to  the  mutual  interests  of  both  countries,  we  cheerfully 
consent  to  the  operation  of  such  acts  of  the  British 
parliament  as  are  bona  fide  restrained  to  the  regulation 
of  our  external  commerce,  for  the  purposes  of  securing 
the  commercial  advantages  of  the  whole  empire  to  the 
mother  country,  and  the  commercial  benefits  of  its  re- 
spective members,  excluding  every  idea  of  taxation, 
internal  or  external,  for  raising  a  revenue  on  the  sub- 
jects in  America  without  their  consent. 


THE   UNITED    STATES   OF   AMERICA.  481 

THE    COMMEHCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

"V.  That  the  respective  colonies  are  entitled  to  the  The  coio- 
common  law  of  England,  and  more  especially,  to  the  "'^gj^j^*^!^"" 
2,reat  and  inestimable  privilep;e  of  being  tried  by  their  Piiiladel- 
peers  ot  tho  vicmage,  according  to  the  course  ol  that 
law. 

"  VI.  That  they  are  entitled  to  the  benefit  of  such 
of  the  English  statutes  as  existed  at  the  time  of  their 
colonization,  and  which  they  have,  by  experience,  re- 
spectively found  to  be  applicable  to  their  several  local 
and  other  circumstances. 

"VII.  That  these  his  majesty's  colonies  are  likewise 
entitled  to  all  the  immunities  and  privileges,  granted 
and  confirmed  to  them  by  royal  charters,  or  secured 
by  their  several  codes  of  provincial  laws. 

"  VIII.  That  they  have  a  right  peaceably  to  assemble,  Declara- 
consider  of  their  grievances,  and  petition  the  kingj^l^^jj^^. 
and  that  all   prosecutions,  prohibitory  proclamations, 
and  commitments  for  the  same,  are  illegal, 

"IX.  That  the  keeping  a  standing  army  in  these 
colonies,  in  time  of  peace,  without  the  consent  of  the 
legislature  of  that  colony  in  which  such  army  is  kept, 
is  against  law. 

"  X.  It  is  indispensably  necessary  to  good  govern- 
ment, and  rendered  essential  by  the  English  constitur 
tion,  that  the  constituent  branches  of  the  legislature 
be  independent  of  each  otlier ;  that,  therefore,  the 
exercise  of  legislative  power,  in  several  colonies,  by  a 
council  appointed  during  the  pleasure  of  the  crown, 
is  unconstitutional,  dangerous,  and  destructive  to  the 
freedom  of  American  legislation. 

"J.//  and  each  of  ivhich,  the  aforesaid  deputies,  in 
behalf  of  themselves  and  their  constituents,  do  claim, 
demand,  and  insist  on,  as  their  indubitable  rights  and 
liberties,  which  cannot  be  legally  taken  from  them, 
altered  or  abridged  by  any  power  whatever,  without 
their  own  consent  by  tlieir  representatives  in  their  pcv-  infrino-e- 
cral  provincial  legislatures.  ments  of, 

"Resolved   n.  c.   That  the  folloiving-  acts  of  par-Jcnu^^' 
31 


THE   GOVERNMENTAL    HISTORY   OP 


Part  III. 


ORIGIN    AND    CAUSKS    OF    THE    RKVOLUTION. 


The  colo- 
nial con- 
gress at 
Philadel- 
phia, 17*74, 
Declara- 
tion of 
rights  by. 


Enumera- 
tion of  of- 
fensive 
statutes. 


liament  are  infringements  and  violations  of  the  rights 
of  the  colonists,  and  that  the  repeal  of  them  is  ■essen- 
tially necessary,  in  order  to  restore  harmony  between 
Great  Britain  and  the  American  colonies,  viz., — The 
several  Acts  of  4  Geo.  III.  Ch.  15  and  Ch.  34  :  5  Geo. 
III.  Ch.  25:  6  Geo.  III.  Ch.  52:  7  Geo,  III.  Ch.  41 
and  46  :  8  Geo.  III.  Ch.  22,  which  impose  duties  for 
the  purpose  of  raising  a  revenue  in  America,  extend 
the  powers  of  the  admiralty  courts  beyond  their  ancient 
limits,  deprive  the  American  subject  of  trial  by  jury, 
authorize  the  judge's  certificate  to  indemnity  the  prose- 
cutor from  damages  that  he  might  otherwise  be  liable 
to,  requiring  oppressive  security  from  a  claimant  of 
ships  and  goods  seized,  before  he  shall  be  allowed  to 
defend  his  property,  and  are  subversive  of  American 
rights.  Also,  12  Geo.  III.  Ch.  24,  entitled  'An  Act  for 
the  better  securing  his  majesty's  dockyards,  magazines, 
ships,  ammunition  and  stores,'  which  declares  a  new 
offence  in  America,  and  deprives  the  American  sub- 
jects of  a  constitutional  trial  by  jury  of  the  vicinage, 
by  authorizing  the  trial  of  any  person  charged  with  the 
committing  any  offence  described  in  the  said  act  out 
of  the  realm,  to  be  indicted  and  tried  for  the  same  in 
any  shire  or  county  within  the  realm.  Also,  the  three 
acts  passed  in  the  last  session  of  parliament,  by  stop- 
ping the  port  and  blocking  up  the  harbour  of  Boston, 
for  altering  the  charter  and  government  of  Massachu- 
setts Bay  ;  and  that  which  is  entitled  '  An  act  for  the 
better  administration  of  justice,  &c.'  Also,  the  act 
passed  in  the  same  session  for  establishing  the  Roman 
Catholic  religion  in  the  province  of  Quebec,  abolishing 
the  equitable  system  of  English  laws,  and  erecting  a 
tyranny  there  to  the  great  danger,  from  the  total  dis- 
similarity of  religion,  law,  and  government,  of  the 
neighboring  British  colonies,  by  the  assistance  of  whose 
blood  and  treasure  the  said  country  was  conquered 
from  France.  Also,  the  act  passed  in  the  same  session 
for  the  better  providing  suitable  quarters  for  officers 


THE   UNITED    STATES   OP   AMERICA.  483 

THE    COMMKKCIAL    SYSTKM    OF    TAXATION.  TaKX    III. 

and  soldiers  in  his  majesty's  service  in  North  America.  The  colo- 
Also,  that  the  keeping  a  standing  army,  in  several  of  °|!jiy""" 
these  colonies,  in  time  of  peace,  without  the  consent  Phiiadei- 
of  the  legislature  of  that  colony  in  which  such  army  is  ^  "'^' 
kept,  is  against  law. 

"  To  these  grievous  acts  and  measures,  Americans  Proposed 
cannot  submit;  but  in  hopes  their  fellow  subjects  in ™f" redress 
Great  Britain  will,  on  a  revision  of  them,  restore  us 
to  that  state  in  which  both  countries  found  happiness 
and  prosperity,  we  have  for  the  present  only  resolved 
to  pursue  the  following  peaceable  measures — 1.  To 
enter  into  a  non-importation,  non-consumption,  and 
non-exportation  agreement  or  association. — 2.  To  pre- 
pare an  address  to  the  people  of  Great  Britain,  and  a 
memorial  to  the  inhabitants  of  British  America — and 
3.  To  prepare  a  loyal  address  to  his  majesty  agreeable 
to  resolutions  already  entered  into. 

"I.  Articles  op  Association  in  Non-Importation, 
Non-Exportation,  and  Non-Consumption. 

"  We,  his  majesty's  most  loyal  subjects,  the  delegates  The  asso-  ' 
of  the  several  colonies  of  New  Hampshire,  Massachu- ^'^^'?"  ^^'' 
setts  Bay,  Rhode  Island,  Connecticut,  New  York,  New  portation, 
Jersey,  Pennsylvania,  the  three  lower  counties  of  New-  ^' 
castle,  Kent,  and  Sussex,  on  Delaware,  Maryland,  Vir- 
ginia, Nort|j,  Carolina  and  South  Carolina,  deputed  to 
represent  them  in  a  continental  congress  held  in  the 
city  of  Philadelphia,  on  the  fifth  day  of  September, 
177-4:     Avowing    our   allegiance   to  his  majesty,  our 
affection  and  regard  for  our  fellow  subjects  in  Great 
Britain  and  elsewhere ;  affected  with  the  deepest  anxiety.  Preamble. 
and  most  alarming  apprehensions  at  those  grievances 
and  distresses  with  which  his  majesty's  American  sub- 
jects are  oppressed  ;  and  having  taken  under  our  most 
serious  deliberation,  the  state  of  the  whole  continent, 
find ;  that  the  present  unhappy  situation  of  our  affairs 
is  occasioned  by  a  ruinous  system  of  colony  adminis- 
tration adopted  by  the  British  ministry  about  the  year 


484  THE   GOVERNMENTAL    HISTORY   OF 

Part  III.  origin  and  causes  of  the   revolution. 

Proceed-  •  1763,  evidently  calculated  for  enslaving  these  colonies, 
coToniai      and  witli  them  the  British   empire.     In  prosecution  of 
congress  at  ^yjjj^,|^  systcm  various  acts  of  parliament  have  been 
pbia,  1774.  passed  for  raising  a  revenue  in  America ;  for  depriving 
the  American  subjects,  in  many  instances  of  the  con- 
stitutional trial  by  jury,  exposing  their  lives  to  danger, 
by  directing  a  new  and  illegal  trial  beyond  the  seas,  for 
crimes  alledged  to  have  been  committed  in  America. 
And  in  prosecution  of  the  same  system,  several  late 
cruel  and  oppressive  acts  have  been  passed  respecting 
the  town  of  Boston  and  the  Massachusetts  Bay ;  and 
also  an  act  for  extending  the  province  of  Quebec  so  as 
to  border  on  the  western  frontiers  of  these  colonies, 
establishing  an  arbitrary  government  therein,  and  dis- 
couraging the  settlement  of  British  svibjects  in  that 
The  asso-   wide  extended  country ;  thus  by  the  influence  of  evil 
ciation  for  iji-inciples  and  ancient  prejudices,  to  dispose  the  inhab- 

non-im-        ^  ^  ■y-  •  i         n  n 

portation,  itauts  to  act  with  hostility  against  the  tree  Frotestant 
^^'  colonies,  whenever  a  wicked  ministry  shall  choose  to 

direct  them. 
Object  of        ^<-  To    obtain    redress    of    these    grievances,    which 
dation.°      threaten  destruction  to  the  lives,  liberty,  and  property 
of  his  majesty's  subjects  in  North  America,  we  are  of 
opinion  that  a  non-importation,  non-consumption,  and 
non-exportation  agreement,  faithfully  adhered  to,  will 
prove  the  most  speedy,  eflcctual,  and  peaceable  meas- 
ure.    And  therefore  we  do,  for  ourselves,  and  the  inhab- 
itants of  the  several  colonies  whom  we  represent,  firmly 
agree  and  associate  under  the  sacred  ties  of  virtue, 
honor,  and  love  of  our  country,  as  follows : 
Merchan-        "  FiRST.    That  from  and  after  the  first  day  of  Decem- 
trabanded.  ^^^   ^^^^  "^^   ^^^^   ^^^*   import   into    British  America, 
from  Great  Britain  or  Ireland,  any  goods,  wares,  or 
merchandise    whatsoever,  or    from    any   other    place, 
any  such  goods,  wares,  or  merchandise,  as  shall  have 
been  exported  from  Great  Britain  or  Ireland  :    Nor  will 
we,  after  that  day,  import  any  East  India  tea  from  any 
part  of  the  world ;  nor  any  molasses,  syrups,  paneles. 


THE   UNITED    STATES   OF   AMERICA.  485 


THE    COMMKRCIAL    SYSTEM    OF    TAXATION.  PaKT    III. 

coffee  or  pimento,  from  the  British  plantations  or  from  Procced- 
Dominica;  nor  wines  from  Madeira,  or  the  Western  J.'^^^^J.^j*'''^ 
Islands;  nor  foreign  indigo.  congress  at 

_  -TTT-  ...  •,.         •  .  7  I'liiladel- 

"  Second.    We  unll  neither  import^  nor  purchase  any  phi;,^  1774^ 
slave  imported,  after  the  first  day  of  December  next :  Slaves  and 
after  which  time  we  will  wholly  discontinue  the  slave  tr^^el 
trade,  and  will  neither  be  concerned  in  it  ourselves, 
nor  will  we  hire  our  vessels,  nor  sell  our  commodities  or 
manufactures  to  those  who  arc  concerned  in  it. 

"Third.    As   a   nonnconsumption   agreement,  strictly ^Q-a-c^n- 
adhered  to.  will  be  an  effectual  security  for  the  observa-  sumption, 

•'  wlien  to 

tion  of  the  non-importation,   we  as  above,  solemnly  begin, 
agree  and  associate,  that  from  this  day,  we  will  not  pur- 
chase or  use  any  tea  imported  on  account  of  the  East 
India  Company,  or  any  on  which  a  duty  hath  been  or 
shall  be  paid  ;  and  from  and  after  the  first  day  of  March 
next  we  will  not  purchase  or  use  any  East  India  tea  East  India 
whatever;  nor  will  we,  nor  shall  any  person  for  or&;c"*       ' 
under  us,  purchase  or  use  any  of  the  goods,  wares  or 
merchandise,  we  have  agreed  not  to  import,  which  we 
shall  know  or  have  cause  to  suspect  were    imported 
after  the  first  day  of  December,  except  such  as  come 
under  the  rules  and  directions  of  the  tenth  article 
hereafter  mentioned. 

"Fourth.  Tfie  earnest  desire  we  have  not  to  injure 'Son-ex- 
our  fellow-subjects  in  Great  Britain,  Ireland,  or  the  P°'''^*'°°' 
West  Indies,  induces  us  to  suspend  a  non-exportation, 
until  the  tenth  day  of  September,  1775 ;  at  which  time 
if  the  said  acts  and  parts  of  acts  of  the  British  parlia- 
ment herein  after  mentioned,  are  not  repealed,  we  will 
not,  directly  or  indirectly,  export  any  merchandise  or 
commodity  whatsoever  to  Great  Britain,  Ireland,  or  the 
West  Indies,  except  rice  to  Europe. 

"  Fifth.    Such  as  are  merchants  and  use  the  British  Orders  to 
and  Irish  trade,  will  give  orders  as  soon  as  possible,  topoudents. 
their  factors,  agents  and  correspondents,  in  Great  Brit- 
ain and  Ireland,  not  to  ship  any  goods  to  them,  on  any 
pretence  whatever,  as  they  cannot  be  received  in  Amer- 


486  THE   GOVERNMENTAL    HISTORY   OP 

Part  III.  origin  and  causes  of  the  revolution. 

Proceed-  ica ;  and  if  any  merchants  residing  in  Great  Britain  or 
cofonia/  '^  Ii'cland,  sliall  directly  or  indirectly  ship  any  goods, 
congressat  wares,  and  merchandise,  for  America,  in  order  to  break 
phia,  1774.  the  said  non-importation  agreement,  or  in  any  manner 
The  ar-  Contravene  the  same,  on  such  unworthy  conduct  being 
non-im-  "^^11  attested,  it  ought  to  be  made  public  ;  and  on  the 
portation,  game  being  so  done,  we  will  not,  from  thenceforth,  have 

&c.  .  . 

any  connection  with  such  merchant. 
Owners  of      "  SixTH.    Tliat  such  as  are  owners  of  vessels  will  give 

vessels 

positive  orders  to  their  captains  or  masters,  not  to 
receive  on  board  their  vessels,  any  goods  prohibited  by 
the  said  non-importation  agreement,  on  pain  of  imme- 
diate dismission  from  their  service. 
Improve-  .  "  SEVENTH.  We  ivUl  use  OUT  utmost  cndeavors  to 
sheep °  improve  the  breed  of  sheep  and  increase  their  number 
to  the  greatest  extent ;  and  to  that  end  we  will  kill 
them  as  seldom  as  may  be,  especially  those  of  the  most 
profitable  kind ;  nor  will  we  export  any  to  the  West 
Indies  or  elsewhere  ;  and  those  of  us,  who  are  or  may 
become  overflocked  with,  or  can  conveniently  spare  any 
sheep,  will  dispose  of  them  to  our  neighbours,  espe- 
cially to  the  poorer  sort,  on  moderate  terms. 

"  Eighth.    We  ivilL  in  our  several  stations,  encour- 

Frugahty  '  i     •     i 

and  econo-  age  frugality,   economy,   and   industry,  and   promote 

^Ll^,,~  ^  aorriculture,  arts,  and  the  manufactures  of  this  coun- 
encour-  o  '  ' 

aged.  try,  especially  that  of  wool ;  and  will  discountenance  and 
discourage  every  species  of  extravagance  and  dissipa- 
tion, especially  all  horse-racing,  and  all  kinds  of  gaming, 
cock-fighting,  exhibitions  of  shows,  plays,  and  other 
expensive  diversions  and  entertainments ;  and  on  the 
death  of  any  relation  or  friend,  none  of  us,  or  any  of 
our  families,  w^ill  go  into  any  further  mourning  dress 
than  black  crape  or  ribbon  on  the  arm  or  hat  for  gen- 
tlemen, and  a  black  ribbon  and  necklace  for  ladies ; 
and  we  will  discontinue  the  giving  of  gloves  and  scarves 

Venders  of    ,    „  , 

goods  not  at  funerals. 

to  take  ad-      a  j^Tj^^.^jj^   Sucli  as  are  venders  of  "-oods  or  merchan- 

vantage  of  •  /.  i 

the  times,  dise  will  not  take  advantage  oi  the  scarcity  of  goods 


THE   UNITED    STATES    OP   AMERICA.  487 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

that  may  be  occasioned  by  this  association,  but  will  sell  Piocccd- 
the  same  at  the  rates  we  have  been  respectively  accus- colonial 
tomed  to  do  for  twelve  months  last  past.     And  if  any  p^||p'"P^j'^* 
vender  of  goods  or  merchandise,  shall   sell  any  such  phia,  1774. 
goods  on  higher  terms,  or  shall   in  any  manner,  or  by  T^',^'*'"" 
any  device  whatsoever,  violate    or  depart    from    this  non-im- 
agreement,  no  person  ought,  nor  will  any  of  us  deal  p^'"'^*^o"» 
with  any  such  person,  or  his,  or  her  factor  or  agent,  at 
any  time  thereafter  for  any  commodity  whatever. 

*' Tenth.  In  case  any  merchant^  trader,  or  other  ;)er- current 
sons  shall  import  any  goods  or  merchandise  after  the  "."poi"'*- 
first  day  of  December,  and  before  the  first  day  of  Feb- 
ruary next,  the  same  ought  forthwith,  at  tlie  election 
of  the  owner,  to  be  either  reshipped,  or  delivered  up  to 
the  committee  of  the  county  or  town  wherein  they 
shall  be  imported,  to  be  stored  at  the  risk  of  the 
importer,  until  the  non-importation  agreement  shall 
cease ;  or  be  sold  under  the  directions  of  the  committee 
aforesaid ;  and  in  the  last  mentioned  case,  the  owner 
or  owners  of  such  goods  shall  be  reimbursed  (out  of  the 
sales,)  the  first  cost  and  charges ;  the  profit,  if  any,  to 
be  applied  towards  relieving  and  employing  such  poor 
inhabitants  of  the  town  of  Boston,  as  are  immediate 
suflerers  by  the  Boston  Port  Bill ;  and  a  particular 
account  of  all  goods  so  returned,  stored  or  sold,  to  bo 
inserted  in  the  public  papers  ;  and  if  any  goods  or 
merchandise  shall  be  imported  after  the  said  first  day 
of  February,  the  same  ought  to  be  forthwith  sent  back 
again,  without  breaking  any  of  the  packages  thereof. 

"Eleventh.  That  a  committee  be  chosen  in  every  vicriiance 
county,  city,  and  town,  by  those  who.  are  qualified  to 
vote  for  representatives  in  the  legislature,  whose  busi- 
ness it  shall  be  attentively  to  observe  the  conduct  of 
all  persons  touching  this  association  ;  and  when  it  shall 
be  made  to  appear  to  the  satisfaction  of  a  majority  of 
any  such  committee,  that  any  person  within  the  limits 
of  their  appointment  has  violated  this  association,  that 
such  majority  do    forthwith   cause  the    truth  of  the 


commit- 
tees. 


488 


THE   GOVERNMENTAL    HISTORY   OF 


Part  III. 


ORIGIN    AND    CAUSES    OF    THE    REVOLUTION. 


Proceed- 
ings of  the 
colonial 
congress  at 
Philadel- 
phia, 1774. 
The  ar- 
ticles of 
non-im- 
portation, 
&c. 

Commit- 
tees of  cor- 
respond- 
cuce. 


Price  of 
goods. 

Non-inter- 
course. 


case  to  be  published  in  the  Gazette :  to  the  end  that  all 
such  foes  to  the  rights  of  British  America  may  be  pub- 
licly known,  and  universally  contemned  as  the  enemies 
of  American  liberty  ;  and  henceforth  we  respectively 
will  break  off  all  dealings  with  him  or  her. 

"  Twelfth.  Tliat  the  committee  of  correspondence 
in  the  respective  colonies  do  frequently  inspect  the 
entries  of  their  custom-houses,  and  inform  each  other 
from  time  to  time-  of  the  true  state  thereof,  and  of 
every  other  material  circumstance  that  may  occur  rela- 
tive to  this  association. 

"  Thirteenth.  That  all  manufactures  of  this  coun- 
try be  sold  at  reasonable  prices,  so  that  no  undue  ad- 
vantage be  taken  of  a  future  scarcity  of  goods. 

"  Fourteenth.  And  ice  do  further  agree  an/d  resolve 
that  we  will  have  no  trade,  commerce,  dealings,  br 
intercourse  whatsoever,  with  any  colony  or  proij^  ice  in 
North  America,  which  shall  not  accede  to,  or  which 
shall  hereafter  violate  this  association,  but  will  hold 
them  as  unworthy  the  rights  of  freemen,  and  as  inim- 
ical to  the  liberties  of  their  country.  And  we  do  sol- 
emnly bind  ourselves  and  our  constituents,  under  the 
ties  aforesaid,  to  adhere  to  this  association  until  such 
parts  of  the  several  acts  of  parliament,  passed  since  the 
close  of  the  last  war,  as  impose  or  continue  duties  on 
teas,  wine,  molasses,  syrups,  paneles,  coffee,  sugar, 
pimento,  indigo,  foreign  paper,  glass,  and  painters'  col- 
ours, imported  into  America ;  and  extend  the  powers 
of  admiralty  courts  beyond  their  ancient  limits  ;  deprive 
the  American  subject  of  trial  by  jury ;  authorize  the 
judge's  certificate  to  indemnify  the  prosecutor  from 
damages  that  he  might  otherwise  be  liable  to  from  a 
trial  by  his  peers ;  require  oppressive  security  from  a 
claimant  of  ships  or  goods  seized,  before  he  shall  be 
allowed  to  defend  his  property ;  are  repealed.  And 
until  that  part  of  the  act  of  the  12  Geo.  III.  Ch.  24, 
entitled 'An  act  for  the  better  securing  his  majesty's 
dock-yards,  magazines,  ships,  ammunitions,  and  stores,' 


THE   UNITED    STATES   OP   AMERICA. 


489 


THE    COMMERCIAL    SYSTEM    OF    TAXATION. 


Taut  III. 


by  which  any  persons  charged  with  committing  any  of  Proceed- 
the  offences  therein  described,  in  America,  may  be  tried  [."fo,^"^!*^® 
in  any  shire  or  county  within  the  realm;  is  repealed,  congress  at 
And  until  the  four  acts  passed  the  last  session  of  par-  pij;'.,^  ^^^^.^ 
liament,  viz., — that  for  stopping  the  port  and  blocking 
up  the  harbour  of  Boston — that  for  altering  the  char- 
ter and  government  of  the   Massachusetts  Bay — and 
that  which  is  entitled  '  An  act  for  the  better  adminis-  Duration 

tration  of  iustice,  &c.,' — and  that  'for  extending  the *^^ *^^^. ^^' 
*'  '  '  °  sociation. 

limits  of  Quebec,  <fec.,'  are  repealed.  And  we  recom- 
mend it  to  the  provincial  convention,  and  to  the  com- 
mittees, in  the  respective  colonies,  to  establish  such  fur- 
ther regulations  as  they  may  think  proper,  for  carrying 
into  execution  this  association. 

"  The  foregoing  association  being  determined  upon 
by  the  congress,  was  ordered  to  be  subscribed  by  the  sev- 
eral members  thereof;  and  thereupon  we  have  here- 
unto set  our  respective  names  accordingly. 

In  Congress,  Philadelphia,  October  24,  1774. 

Signed  Peyton  Randolph,  Pres. 


New  Hampshire. 

John  Sullivan, 
Nathaniel  Folsom. 

Massachusetts  Bay. 

Thomas  Gushing, 
Samuel  Adams, 
John  Adams, 
Robert  Treate  Paine. 

Rhode  Island. 

Stephen  Hopkins, 
Samuel  Ward. 

Connecticut. 

Eliphalet  Dyer, 
Roger  Sherman, 
Silas  Dcane. 


New  York. 

Isaac  Low, 
John  Alsop, 
John  Jay, 
James  Duane, 
William  Floyd, 
Henry  Wisner, 
S.  Boerum, 
Philip  Livingston. 

New  Jersey. 

James  Kinsey, 
William  Livingston, 
Stephen  Crane, 
Richard  Smith, 
John  De  Hart. 

Pennsylvania. 
Joseph  Galloway, 


Names  of 
delegates 
signing  the 
same. 


490 


THE  GOVEENMENTAL   HISTORT  OP 


Part  III. 


ORIGIN    AND    CAUSES    OF    THE    REVOLUTION. 


John  Dickinson, 
Charles  Humphreys, 
Thomas  Miiiiin, 
Edward  Biddle, 
John  Morton, 
George  Ross. 

Delaware. 

Caesar  Rodney, 
Thomas  M'Keane, 
George  Read. 

Maryland. 

Matthew  Tilghman, 
Thomas  Johnson, 
William  Paca, 
Samuel  Chase. 


Virginia. 
Richard  Henry  Lee, 
George  Washington, 
P.  Henry,  Jan., 
Richard  Bland, 
Benjamin  Harrison, 
Edmund  Pendleton. 

North  Carolina. 
William  Hooper, 
Joseph  Hewes, 
R.  Caswell. 

South  Carolina. 
Henry  Middlcton, 
Thomas  Lynch, 
Christopher  Gadsden, 
John  Rutledge, 
Edward  Rutledge. 


Address  "  To   THE  KiNG  S  MoST   EXCELLENT  MAJESTY. 

Ofthecolo-        ,  r-i  ■  n 

niai  con-       Most  Gracious  feovcreign, 

ki^g!  mi!  "  ^^'  y^^^'  majesty's  faithful  subjects,  of  the  colonies 
of  New  Hampshire,  Massachusetts  Bay,  Rhode  Island 
and  Providence  Plantations,  Connecticut,  New  York, 
New  Jersey,  Pennsylvania,  the  counties  of  Newcastle, 
Kent  and  Sussex  on  Delaware,  Maryland,  Virginia, 
North  Carolina  and  South  Carolina,  in  behalf  of  our- 
selves and  the  inhabitants  of  these  colonies,  who  have 
deputed  us  to  represent  them  in  general  congress,  by 
this  our  humble  petition,  beg  leave  to  lay  our  grievances 
before  the  throne. 

"A  standing  army  has  been  kept  in  these  colonies 
ever  since  the  conclusion  of  the  late  war,  without  the 
consent  of  our  assemblies ;  and  this  army,  with  a  con- 
siderable naval  armament,  has  been  employed  to  enforce 
the  collection  of  taxes.  The  authority  of  the  com- 
mander-in-chief, and  under  him  of  the  brigadier-gen- 
eral, has,  in  time  of  peace,  been  rendered  supreme  in 
all  the  civil  governments  in  America. — The  commander- 


Enumera' 
tion  of 
grievan- 
ces. 


THE  UNITED   STATES   OF  AMERICA.  491 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaUT    III. 

in-cliicf  of  all  your  majesty's  forces  in  North  America  Address 
has,  in  time -of  peace,  been  appointed  governor  of  a ^|j^\''^jj*^°_^^' 
colony. — The    charo-es    of    usual    offices    have    beensresstothe 

J     .  11  -1  .       king,  1774. 

greatly  increased  ;  and  new,  expensive,  and  oppressive 
offices  have  been  multiplied. — The  judges  of  admiralty 
and  vice-admiralty  courts  are  empowered  to  receive 
their  salaries  and  fees  from  the  effects  condemned  by 
themselves. — The  officers  of  the  customs  are  empowered 
to  break  open  and  enter  houses  without  the  authority 
of  any  civil  magistrate,  founded  on  legal  information. — 
The  judges  of  courts  of  common  law  have  been  made 
entirely  dependent  on  one  part  of  the  legislature  for 
their  salaries,  as  well  as  for  the  duration  of  their  com- 
missions.— Counsellors  holding  their  commissions  dur- 
ing pleasure  exercise  legislative  authority. — Humble 
and  reasonable  petitions  from  the  representatives  of  the 
people  have  been  fruitless. — The  agents  of  the  peoiDle 
have  been  discountenanced,  and  governors  have  been 
instructed  to  prevent  the  payment  of  their  salaries. —  ^n^mera- 
Assemblies  have  been  repeatedly  and  injuriously  dis-grievan- 
solved. — Commerce  has  been  burtheiied  with  many  use-^^ ' 
less  and  oppressive  restrictions. — By  several  acts  of  par- 
liament, made  in  the  fourth,  Jifth,  sixth,  seventh,  and 
eighth  years  of  your  majesty's  reign,  duties  are  imposed 
on  us,  for  the  purpose  of  raising  a  revenue ;  and  the 
powers  of  admiraltj  and  vice-admiralty  courts  are  ex- 
tended beyond  their  ancient  limits,  whereby  our  prop- 
erty is  taken  from  us  without  our  consent ;  the  trial 
by  jury  in  many  civil  cases  is  abolished  ;  enormous  for- 
feitures are  incurred  for  slight  offences ;  vexatious  in- 
formers are  exempted  from  paying  damages  to  which 
they  are  justly  liable ;  and  oppressive  security  is  re- 
quired from  owners  before  they  are  allowed  to  defend 
their  rights. — Both  houses  of  parliament  have  resolved 
that  colonists  may  be  tried  in  England  for  offences 
alledgcd  to  have  been  committed  in  America,  by  virtue 
of  a  statute  passed  in  the  thirty-fifth  year  of  Henry  the 
Eighth;  and   in   consequence   thereof  attempts   have 


492  THE   GOVERNMENTAL   HISTORY   OP 

Part  III.  origin  and  causes  of  xue  revolution. 

Address     been   made   to   enforce   that  statute. — A  statute  was 
^[*j'^^J'^.^"' passed   in  the   twelfth  year  of  your  majesty's  reign, 
gress  to  the  directing  that  persons  charged  with  committing  any 
'  offence  therein  described,  in  any  place  out  of  the  realm, 
may  be  indicted  and  tried  for  the  same  in  any  shire  or 
county  within  the  realm,  whereby  inhabitants  of  these 
colonies  may,  in  sundry  cases  by  that  statute  made  capi- 
tal, be  deprived  of  a  trial  by  their  peers  of  the  vicin- 
age.— In   the  last   session   of  parliament   an   act  was 
passed  for  blocking  up  the  harbour  of  Boston  ;  another^ 
empowering  the  governor  of  the  Massachusetts  Bay,  to 
send  persons  indicted  for  murder  in  that  province  to 
another  colony,  or  even    to    Great  Britain,  for  trial, 
whereby  such  offenders  may  escape  legal  punishment ; 
a  thirds  for  altering  the  chartered  constitution  of  gov- 
ernment in  that  province  ;  and  a  fourth,  for  extending 
Enumera-  .  ■'  .  . 

tion  of  the  limits  of  Qncbec,  abolisliing  the  English  and  restor- 
ceiT^'^"'  "^S  ^^^  French  laws,  whereby  great  numbers  of  British 
freemen  are  subjected  to  the  latter ;  and  establishing  an 
absolute  government,  and  the  Roman  Catholic  religion, 
throughout  those  vast  regions  that  border  on  the  west- 
erly and  northerly  boundaries  of  the  free,  protcstant 
English  settlements  ;  and  a  fifth,  for  the  better  providing 
suitable  quarters  for  officers  and  soldiers  in  his  majes- 
ty's service  in  North  America. 

"  To  a  sovereign  who  glories  in  the  name  of  Briton, 

the  bare  recital  of  these  acts  must,  we  presume,  justify 

the  loyal  subjects,  who   fly  to  the  foot  of  the  throne 

and  implore  his  clemency  for  protection  against  them. 

From  this  destructive  system  of  colony  .administration, 

adopted   since   the    conclusion  of  the    last   war,  have 

flowed  those  distresses,  dangers,  fears,  and  jealousies, 

These  the  that  overwhelm  your  majesty's  dutiful  colonists  with 

JJjJjyJ^lJgj^g  affliction  ;  and  we  defy  our  most  subtle  and  inveterate 

of  dissatis- enemies  to  trace  the  unhappy  difference  between  Great 

Britain  and  these  colonies,  from  an  earlier  period,  or 

from  other  causes,  than  we  have  assigned.     Had  they 

proceeded  on  our  part  from  a  restless  levity  of  temper, 


THE   UNITED    STATES   OF   AMERICA.  493 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

unjust  impulses  of  ambition,  or  artful  suggestions  of  Address 
seditious  persons,  we  should  merit  the  opprobrious  terms  °!  t/'"^o^o- 
frequently  bestowed  upon  us  by  those  we  revere.     But  grfss  to  the 
so  far  from  promoting  innovations,  we  have  only  op-      *" 
posed  them  ;  and  can  be  charged  with  no  olfence,  unless 
it  be  one  to  receive  injuries  and  be  sensible  of  them. 

*'  Had  our  Creator  been  pleased  to  give  us  existence 
in  a  land  of  slavery,  the  sense  of  our  condition  might 
have  been  mitigated  by  ..ignorance  and  habit.  But 
thanks  be  to  his  adorable  goodness,  we  were  born  the 
heirs  of  freedom,  and  ever  enjoyed  our  right  under 
the  auspices  of  your  royal  ancestors,  whose  family  was 
seated  on  the  British  throne  to  rescue  and  secure  a 
pious  and  gallant  nation  from  the  popery  and  despo- 
tism of  a  superstitious  and  inexorable  tyrant.  Your 
majesty  we  are  confident  justly  rejoices  that  your  title 
to  the  crown  is  thus  founded  on  the  title  of  your  peo- 
ple to  liberty ;  and  therefore  we  doubt  Hot  but  your 
royal  wisdom  must  approve  the  sensibility  that  teaches 
your  subjects  anxiously  to  guard  the  blessings  they  re- 
ceived from  Divine  Providence,  and  thereby  to  prove  fVom'^pope- 
the  performance  of  that  compact  which  elevated  the  ^T  and 
illustrious  house  of  Brunswick  to  the  imperial  dignity  it  the  guar- ' 
now  possesses.  The  apprehension  of  being  degraded  ^°*^^**' 
into  a  state  of  servitude,  from  the  pre-eminent  rank  of 
English  freemen,  while  our  minds  retain  the  strongest 
love  of  liberty  and  clearly  foresee  the  miseries  prepar- 
ing for  us  and  for  our  posterity,  excites  emotions  in 
our  breasts  which,  though  we  cannot  describe,  we 
should  not  wish  to  conceal.  Feeling  as'men,  and  think- 
ing as  subjects,  in  the  manner  we  do,  silence  would  be 
disloyalty.  By  giving  this  faithful  information,  we  do 
all  in  our  power  to  promote  the  great  objects  of  your 
royal  cares — the  tranquillity  of  your  government,  and 
the  welfare  of  your  people.  Duty  to  your  majesty  and 
regard  for  the  preservation  of  ourselves  and  our  pos> 
terity — the  primary  obligations  of  nature  and  society — * 
command  us  to  entreat  your  royal  attention ;  and,  as 


494  THE   GOVERNMENTAL   HISTOEY   OF 

Part  III.  origin  and  causes  of  the  revolution. 

Address  your  majesty  enjoys  the  signal  distinction  of  reigning 
^fJJ^^JIJ'^""  over  freemen,  we  apprehend  the  language  of  freemen 
gress  to  the  cannot  be  displeasing.  Your  royal  indignation,  we 
^"^'  ■  hope,  will  rather  fall  on  those  designing  and  dangerous 
men,  who,  daringly  interposing  themselves  between 
your  royal  person,  and  your  faithful  subjects,  and  for 
several  years  past  incessantly  employed  to  dissolve  the 
bonds  of  society,  by  abusing  your  majesty's  authority, 
misrepresenting  your  Ameri>?an  subjects,  and  prosecut- 
ing the  most  desperate  and  irritating  projects  of  op- 
pression, have  at  length  compelled  us,  by  the  force  of 
accumulated  injuries,  too  severe  to  be  any  longer  tol- 
erable, to  disturb  your  majesty's  repose  by  our  com- 
plaints. These  sentiments  are  extorted  from  hearts 
that  much  more  willingly  would  bleed  in  your  majes- 
ty's service.  Yet  so  greatly  have  we  been  misrepre- 
sented, that  a  necessity  has  been  alledged  of  taking  our 
property  from  us  without  our  consent  to  defray  the 
charge  of  the  administration  of  justice  ;  the  support 
of  civil  government ;  and  the  defence,  protection,  and 
security  of  the  colonies.  But  we  beg-  leave  to  assure 
your  majesty  that  such  provision  has  been  and  will  be 
made  for  defraying  the  two  first  articles,  as  has  been 
and  shall  be  judged,  by  the  legislatures  of  the  several 
colonies,  just  and  suitable  to  their  respective  circum- 
stances:  And  for  the  defence,  protection,  and  security 
of  the  colonies,  their  militias,  if  properly  regulated  as 
they  earnestly  desire  may  immediately  be  done,  would 
be  fully  sufficient,  at  least  in  times  of  peace ;  and  in 
case  of  war,  your  faithful  colonists  will  be  ready  and 
willing,  as  they  ever  have  been  when  constitutionally 
required,  to  demonstrate  their  loyalty  to  your  majesty, 
by  exerting  their  most  strenuous  efforts  in  granting  sup- 
plies and  raising  forces.  Yielding  to  no  British  sub- 
jects in  affectionate  attachment  to  your  mnjesty's  per- 
son, family,  and  government,  we  too  dearly  prize  the 
privilege  of  expressing  that  attachment,  by  those  proofs 
that  are  honorable  to  the  prince  who  receives  them, 


THE   UNITED   STATES   OP   AMERICA.  495 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

and  the  people  who  give  them,  ever  to  assign  it  to  any  Atkiresg 
body  of  men  upon  earth.     Had  we  been  permitted  to  nPi*/cJil!.'°" 
enjoy,  in  qniet,  the  inheritance  left  us  by  our   fore-gfesstotho 
fathers,  wc  should,  at  this  time,  have  been  peaceably, 
cheerfully,  and  usefully  employed   in   recommending 
ourselves,  by  every  testimony  of  devotion  to  your  maj- 
esty,  and   of  veneration  to  the   state  from  which  wo 
derive  our  origin.     But  though  now  exposed  to  unex- 
pected and  unnatural  scenes  of  distress  by  a  contention 
with  that  nation  in  whose  parental  guidance  on  all  im- 
portant affairs  we  have  hitherto,  with  filial  reverence, 
constantly  trusted,  and  therefore  can  derive  no  instruc- 
tion in  our  present  unhappy  and  perplexing  circumstan- 
ces from  any  former  experience  ;  yet,  we  doubt  not,  the 
purity  of  our  intentions  and  the  integrity  of  our  con- 
duct will  justify  us  at  that  grand  tribunal,  before  which 
all  mankind  must   submit  to  judgment.     We  ask  but  Do  not  aim 
^ov  peace,  liberty,  and  safety.     "We  wish  not  a  diminu- ^on!^^"^*' 
tionof  the  prerogatives,  nor  do  we  solicit  the  grant  of  any 
new  right  in  owv  favor.     Your  royal  authority  over  us, 
and  our  connection  with  Great  Britain,  we  shall  always 
carefully  and  zealously  endeavor  to  support  and  main- 
tain.    Filled  with  sentiments  of  duty  to  your  majesty, 
and  of  affection   to  our  parent  state,  deeply  impressed 
by  our  education   and  strongly  confirmed  by  our  rea- 
son, and  anxious  to  evince  the  sincerity  of  these  dispo- 
sitions, we  present  this  petition  only  to  obtain  a  redress 
of  grievances  and  relief  from  fears  and  jealousies  occa- 
sioned by  the  system  of  statutes  and  regulations  adopted 
since  the  close  of  the  last  war,  for  raising  a  revenue  in 
America — extending  the  powers  of  courts  of  admiralty 
and  vice-admiralty — trying  persons  in  Great  Britain  for 
offences  alledgcd  to  be  committed  in   America — affect- 
ing  the   province  of  Massachusetts  Bay — and  altering 
the  government  and  extending  the  limits  of  Quebec — 
by  the  abolition  of  which  system,  the  harmony  between 
Great  Britain  and  the  colonics,  so  necessary  to  the  hap- 
piness of  both,  and  so  ardently  desired  by  the  latter, 


496  THE  GOVERNMENTAL  HISTORY  OF 

Part  III.  origin  and  causes  of  the  revolution. 

Address  and  the  usual  intercourses,  will  be  immediately  restored. 
nfaUoT-^°"  •'^^^  the  magnanimity  and  justice  of  your  majesty  and 
gresstothepaftiament  we  confide  for  a  redress  of  our  other  griev- 
"^^'  '  ances,  trusting,  that  when  the  causes  of  our  apprehen- 
sions are  removed,  our  future  conduct  will  prove  us 
not  unworthy  of  the  regard  we  have  been  accustomed, 
in  our  happier  days,  to  enjoy.  For,  appealing  to  that 
Being  who  searches  thoroughly  the  hearts  of  his  crea- 
tures, we  solemnly  profess,  that  our  councils  have  been 
influenced  by  no  other  motive  than  a  dread  of  impend- 
ing destruction. 
They  im-  "Permit  us  then,  most  gracious  sovereign,  in  the 
hiterfer-^  name  of  all  your  faithful  people  in  America,  with  the 
ance  of  the  ntniost  humility,  to  implore  you;  for  the  honor  of 
Almighty  God,  whose  pure  religion  our  enemies  are 
undermining ;  for  your  glory,  which  can  be  advanced 
only  by  rendering  your  subjects  happy,  and  keeping 
them  united;  for  the  interest  of  your  family,  depending 
on  an  adherence  to  the  principles  that  enthroned  it ;  for 
the  safety  and  welfare  of  your  kingdom  and  dominions, 
threatened  with  almost  unavoidable  dangers  and  dis- 
tresses; that  your  majesty,  the  loving  father  of  your 
whole  people,  connected  by  the  same  bonds  of  law,  loy- 
alty,-faith  and  blood,  though  dwelling  in  varioiis  coun- 
tries, will  not  suffer  the  transcendent  relation  formed 
by  these  ties  to  be  farther  violated,  in  uncertain  expect- 
ation of  effects  that,  if  attained,  never  can  compensate 
for  the  calamities  through  which  they  must  be  gained. 
We  therefore  most  earnestly  heseeeh  your  majesty,  that 
your  royal  authority  and  interposition'  may  be  used  for 
our  relief,  and  that  a  gi-acious  answer  may  be  given  to 
this  petition.  That  your  majesty  may  enjoy  every  feli- 
city, through  a  long  and  glorious  reign  over  loyal  and 
happy  subjects,  and  that  your  descendants  may  inherit 
your  prosperity  and  dominions  till  time  shall  be  no 
more,  is,  and  always  will  be,  our  sincere  and  fervent 
prayer." 


THE   UNITED   STATED   OF  AMERICA.  497 


THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

Address  to  the  people  of  Great  Britain,  Address  of 

From  the  Delegates,  appointed  by  the  several  English  niai  con- 
Colonies   of    New   Hampshire,    Massachusetts   Bay,  "^'^-'^^  ^^  , 

'■  ^  _  ''  '  the  people 

Rhode  Island  and  Providence  Plantations,  Connecti-  of  Great 
cut,  New  York,  New  Jersey,  Pennsylvania,  the  lower  1^74,^°' 
counties   on   Delaware,  Maryland,   Virginia,   North 
Carolina,  South  Carolina,  to  consider  of  their  griev- 
ances in  General  Congress,  at  Philadelphia,  Septem- 
ber  5,  1774. 
"Friends  and  fellow  subjects: 

"  When  a  nation  led  to  greatness  by  the  hand  of  lib- 
erty, and  possessed  of  all  the  glory  that  heroism,  munifi- 
cence, and  humanity  can  bestow,  descends  to  the  un- 
grateful task  of  forging  chains  for  her  friends  and  chil- 
dren, and  instead  of  giving  support  to  freedom  turns 
advocate  for  slavery  and  oppression,  there  is  reason  to 
suspect  she  has  either  ceased  to  be  virtuous,  or  been 
extremely  negligent  in  the  appointment  of  her  rulers. 
In  almost  every  age,  in  repeated  conflicts,  in  long  and 
bloody  wars,  as  well  civil  as  foreign,  against  many  and 
powerful  nations,  against  the  open  assault  of  enemies, 
and  the  more  dangerous  treachery  of  friends,  have  the 
inhabitants  of  your  island,  your  great  and  glorious 
ancestors,  maintained  their  independence,  and  trans- 
mitted the  rights  of  men,  and  the  blessings  of  liberty 
to  you  their  posterity. 

"Be  not  surprised,  therefore,  that  we,  who  are 
descended  from  the  same  common  ancestors ;  that  we, 
whose  forefathers  participated  in  all  the  rights,  the  lib- 
erties, and  the  constitution  you  so  j^istly  boast  of,  and 
who  have  carefully  conveyed  the  same  fair  inheritance 
to  us,  guaranteed  by  the  plighted  faith  of  government, 
and  the  most  solemn  compacts  with  British  Sovereigns, 
should  refuse  to  surrender  them  to  men,  who  found 
their  claims  on  no  principles  of  reason,  and  who  prose- 
cute them  with  a  design,  that  by  ha^-ing  m/r  lives  and 
property  in  their  power  they  may,  with  the  greater 
32 


498  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.  origin  and  causes  of  the  revolution. 

Addresser  facility,  eiislave  you.     The  cause  of  America  is  now  the 
niaicon-    Object  of  universal  attention;  it  has  at  length  become 

gress  to      YGpy  serious.     This  unhappy  country  has  not  only  been 
the  people  ii.  t 

of  Great  Oppressed,  but  abused  and  misrepresented,  and  the  duty 
Britain,  ^^  ^^^^  ^^  oursclvcs  and  posterity,  to  your  interest,  and 
the  general  welfare  of  the  British  empire,  leads  us  to 
address  you  on  this  very  important  subject:  Know 
THEN,  that  we  consider  ourselves,  and  do  itisist,  that  we 
are  and  ought  to  be,  as  free  as  our  fellow  subjects  in 
Britain,  and  that  no  power  on  earth  has  a  right  to  take 
our  property  from  us  without  our  consent.  That  we 
claim  all  the  benefits  secured  to  the  subject  by  the  Eng- 
lish constitution,  and  particularly  that  inestimable  one 
of  trial  by  jury.  That  we  hold  it  essential  to  English 
liberty,  that  no  man  be  condemned  unheard,  or  pun- 
ished for  supposed  offences,  without  having  an  oppor- 
tunity to  make  his  defence.  That  we  think  the  Icgisla- 
Roraanism  ture  of  Great  Britain  is  not  authorized  by  the  constitu- 
Uona?^*'^"^'^^*^^^  /o  establish  a  religion  fraught  with  sanguinary  and 
impious  tenets,  or  to  erect  an  arbitrary  form  of  govern- 
ment in  any  quarter  of  the  globe.  These  rights  we,  as 
well  as  you,  deem  sacred.  And  yet  sacred  as  they  are, 
they  have,  with  many  others,  been  repeatedly  and  fla- 
grantly violated.  Are  not  the  proprietors  of  Great 
Britain  lords  of  their  own  soil?  Can  it  be  taken  from 
them  without  their  consent?  Will  they  yield  it  to  the 
arbitrary  disposal  of  any  man,  or  number  of  men,  what- 
ever? You  know  they  will  not.  Why  then  are  the 
proprietors  of  the  soil  of  America  less  lords  of  their 
property  than  you  are  of  yours?  Or  why  should  they 
submit  it  to  the  disposal  of  your  parliament,  or  of  any 
other  parliament  or  council  in  the  world,  not  of  their 
election?  Can  the  intervention  of  the  sea  that  divides 
us  cause  disparity  of  rights,  or  can  any  reason  be  given 
why  English  subjects  who  live  three  thousand  miles 
from  the  royal  palace,  should  enjoy  less  liberty  than 
those  who  are   three  hundred   miles  distant  from  it? 


THE   UNITED    STATES   OF   AMERICA.  499 

THE    COMMERCIAL    SYSTEM    OP    TAXATION.  PaKT    III. 

Reason  looks  with  indignation  on  such  distinctions,  and  Address  of 

„  •.!••-  the  colo- 

freemen  can  never  perceive  their  propriety.  uiai  con- 

"  And  vet,  however  chimerical  and  unjust  such  dis- e^'^'^s  to , 

•'      '  111  t''^  people 

criirrinations  are,  the  parliament  assert,  that  they  have  of  Great 

a  right  to  bind  us  in  all  cases  without  exception,  wlieth-  ^7^*4'°' 
er  we  consent  or  not ;  that  they  may  take  and  use  our 
property  when  and  in  what  manner  they  please ;  that 
we  are  pensioners  on  their  bounty  for  all  that  we  pos- 
sess, and  can  hold  it  no  longer  than  they  vouchsafe  to 
permit.  Such  declarations  we  consider  as  heresies  in  Claims  of 
English  politics,  and  which  can  no  more  operate  to^g^^^* 
deprive  us  of  our  property,  than  the  interdicts  of  the 
pope  can  divest  kings  of  sceptres,  which  the  laws  of  the 
land  and  the  voice  of  the  people  have  placed  in  their 
hands.  At  the  conclusion  of  the  late  war — a  war  ren- 
dered glorious  by  the  abilities  and  integrity  of  a  minis- 
ter to  whose  efforts  the  British  empire  owes  its  safety 
and  fame — at  the  conclusion  of  this  war,  which  was 
succeeded  by  an  inglorious  peace  formed  under  the 
auspices  of  a  minister  of  principles  and  of  a  family 
unfriendly  to  the  Protestant  cause,  and  inimical  to  liberty; 
we  say  at  this  period,  and  under  the  influence  of  that 
man,  a  plan  for  enslaving  your  fellow  subjects  in  Amer- 
ica was  concerted,  and  has  ever  since  been  pertinacious- 
ly carrying  into  execution.  Prior  to  this  era  you  were 
content  with  drawing  from  us  the  wealth  procured  by 
our  commerce.  You  restrained  our  trade  in  every  way  Relations 
that  could  conduce  to  your  emolument.  You  exercised  ^"g^g  *^ 
unbounded  sovereignty  over  the  sea.  You  named  the 
ports  and  nations  to  which  alone  our  merchandise  should 
be  carried,  and  with  whom  alone  we  should  trade,  and 
though  some  of  these  restrictions  were  grievous,  we 
nevertheless  did  not  complain ;  wc  looked  up  to  you  as 
to  our  parent  state  to  which  we  were  bound  by  the 
strongest  ties,  and  were  happy  in  being  instrumental  to 
your  prosperity  and  your  grandeur.  "We  call  upon  you 
yourselves  to  witness  our  loyalty  and  attachment  to  the 
common  interest  of  the  whole  empire.     Bid  we  not,  in 


600  THE   GOVERNMENTAL    HISTORY   OP 


Part  III,  origin  and  causes  of  the  revolution. 


Address  of  the  last  war,  add  all  the  strength  of  this  vast  continent 
niaicoii-  ^0  ^1^^  force  wliich  repelled  our  common  enemy?  Did 
gress  t9     ^ye  not  leave  our  native  shores,  and  meet  disease  and 

the  people  '  v^t^^v/  «,inj. 

of  Great    death,  to  promote  the  success  of  British  arms  in  foreign 
rzTr"'      climates?     Did  you  not  thank  us  for  our  zeal,  and  even, 
reimburse  us  large  sums  of  money,  which  you  confessed 
we  had  advanced  beyond  our  proportion,  and  far  beyond 
our  abilities?     You  did.     To  what  causes  then  are  we 
to  attribute  the  sudden  change  of  treatment,  and  that 
system  of  slavery  which  was  prepared  for  us  at  the  res- 
toration of  peace?.    Before  we  had  recovered  from  the 
distresses  which  ever  attend  war,  an  attempt  was  made 
to  drain  this  country  of  all  its  money,  by  the  oppressive 
Stamp  Act.     Paint,  glass,  and  other  commodities  which 
you  would  not  permit  us  to  purchase  of  other  nations, 
were  taxed;   nay,  although  no  wine  is   made  in  any 
country  subject  to  the  British  state,  you  prohibited  our 
procuring  it  of  foreigners,  without  paying  a  tax,  imposed 
by  your  parliament,  on  all  we  imported.     These  and 
many  other  impositions  were  laid  upon  us  most  unjustly 
and  unconstitutionally,  for  the  express  purpose  of  rais- 
ing' a  revenue.     In  order  to  silence  complaint,  it  was, 
indeed,  provided  that  this  revenue  should  be  expended 
in  America  for  its  protection  and  defence.     These  ex- 
actions, however,  can  receive  no  justification  from  a 
pretended   necessity  of  protecting   and  defending  us. 
They  are  lavishly  squandered  on  court  favorites  and 
ministerial  dependents,  generally  avowed  enemies   to 
America,  and  employing  themselves,  by  partial  repre- 
The  reve-  scntation,  to  traducc  and  embroil  the  colonies.     For  the 

nuc  system  i.      c  a    i 

of  taxa-     necessary  support  oi  government  here,  we  ever  were 
tion.  and  ever  shall  be  ready  to  provide.     And  whenever  the 

exigencies  of  the  state  may  require  it,  we  shall,  as  we 
have  heretofore  done,  cheerfully  contribute  our  full  pro- 
portion of  men  and  money.  To  enforce  this  unconsti- 
tutional and  Tinjust  scheme  of  taxation,  every  force  that 
the  wisdom  of  our  British  ancestors  had  carefully  erect- 
ed against  arbitrary  power,  has  been  violently  thrown 


THE   UNITED   STATES   OF  AMERICA. 


m 


THE    COMMERCIAL    SYSTEM    OF    TAXATION.  pART    III. 


down  in  America,  and  the  inestimable  right  of  trial  by  Address  of 
jury  taken  away,  in  cases  that  touch  both  life  and  prop-Qij^j  ^.^ 


_'on- 


erty.     It  was  ordained  that  whenever  offences  should  gress  to 

.  1     •  1  1         •  •  •        ^  ^^"^   people 

be  committed  in  the  colonies  against  particular  acts  of  Great 
imposing  various  duties  and  restrictions  upon  trade,  the  ^^h^^^' 
prosecutor  might  bring  his  action  in  courts  of  admiralty ; 
by  which  means  the  subject  lost  the  advantage  of  being 
tried  by  an  honest  uninfluenced  jury  of  the  vicinage, 
and  was  subjected  to  the  sad  necessity  of  being  judged 
by  a  single  man,  a  creature  of  the  crown,  and  according 
to  the  course  of  a  law  which  exempts  the  prosecutor 
from  the  trouble  of  proving  his  accusation,  and  obliges 
the  defendant  either  to  evince  his  innocence,  or  to  suf- 
fer. To  give  this  new  judicatory  the  greater  import- 
ance, and  as  if  with  design  to  protect  false  accusers,  it 
is  further  provided  that  the  judge's  certificate  of  there 
having  been  probable  causes  of  seizure  and  prosecution, 
shall  protect  the  prosecutor  from  actions  at  common 
law  for  recovery  of  damages. 

"By  the  course  of  our  law,  offences  committed  inniegaltri- 
such  of  the  British  dominions  in  which  courts  are  estab-*^'^- 
lished  and  justice  duly  and  regularly  administered,  shall 
be  there  tried  by  a  jury  of  the  vicinage.  There  the 
offenders  and  the  witnesses  are  known,  and  the  degree 
of  credibility  to  be  given  to  their  testimony,  can  be 
ascertained.  In  all  these  colonies  justice  is  regularly 
and  impartially  administered,  and  yet  by  the  construc- 
tion of  some,  and  the  direction  of  other  acts  of  parlia- 
ment, offenders  are  to  be  taken  by  force,  together  with 
all  such  persons  as  may  be  pointed  out  as  witnesses,  and 
carried  to  England,  there  to  be  tried  in  a  distant  land, 
by  a  jury  of  strangers,  and  subject  to  all  the  disadvan- 
tages that  result  from  want  of  friends,  want  of  witnesses, 
and  want  of  money. 

"When  the  design  of  raising  a  revenue  from  the  The  Tea 
duties  imposed  on  the  importation  of  tea  into  America,  taxation, 
had  in  a  great  measure  been  rendered  abortive  by  our 
ceasing  to  import  that  commodity,  a  scheme  was  con- 


502 


THE   GOVERNMENTAL    HISTORY   OF 


Part  III. 


ORIGIN    AND    CAUSES    OF    THE    REVOLUTION. 


The  tea 

destroyed 
at  Boston. 


Address  of  certed  by  the  ministry  with  the  East  India  Company^ 
n^ai  con-  ^^^^  ^^^  ^^*  passcd  enabling  and  encouraging  them  to 
grass  to  transport  and  vend  it  in  the  colonies.  Aware  of  the 
of^Great^  ^  dangers  of  giving  success  to  this  insidious  manoeuvre, 
m^A^°'  ^"^  ^^  permitting  a  precedent  of  taxation  thus  to  be 
established  among  us,  various  methods  were  adopted 
to  elude  the  stroke.  The  people  of  Boston  (then  ruled 
by  a  governor,  whom,  as  well  as  his  predecessor  Sir 
Francis  Bernard,  all  America  considers  as  her  enemy) 
were  exceedingly  embarrassed.  The  ships  which  had 
arrived  with  the  tea,  were  by  his  management  prevented 
from  returning.  The  duties  wovild  have  been  paid ; 
the  cargoes  landed  and  exposed  to  sale ;  a  governor's 
influence  would  have  procured  and  protected  many 
purchasers.  "While  the  town  was  suspended  by  delib- 
erations on  this  important  subject,  the  tea  was  destroyed. 
Even  supposing  a  trespass  was  thereby  committed,  and 
the  proprietors  of  the  tea  entitled  to  damages,  the 
courts  of  law  were  open,  and  judges  appointed  by  the 
crown  presided  in  them.  The  East  India  Compani/, 
however,  did  not  think  proper  to  commence  any  suits, 
nor  did  they  even  demand  satisfaction,  either  from 
individuals,  or  from  the  community  in  general.  The 
ministry,  it  seems,  officiously  made  the  case  their  own, 
and  the  great  council  of  the  nation  descended  to  inter- 
meddle with  a  dispute  about  private  property.  Divers 
papers,  letters,  and  other  unauthenticated  ex  parte 
evidence,  were  laid  before  them ;  neither  the  persons 
who  destroyed  the  tea,  nor  the  people  of  Boston,  were 
called  upon  to  answer  the  complaint.  The  ministry, 
incensed  by  being  disappointed  in  a  favorite  scheme, 
were  determined  to  recur  from  the  little  acts  of  finesse, 
to  open  force  and  unmanly  violence.  The  port  of 
Boston  was  blocked  up  by  a  fleet,  and  an  army  placed 
in  the  town.  Their  trade  was  to  be  suspended,  and 
thousands  reduced  to  the  necessity  of  gaining  subsist- 
ence from  charity,  till  they  should  submit  to  pass  under 
the  yoke  and  consent  to  become  slaves,  by  confessing 


Proceed- 
ings 
against 
Boston. 


THE    UNITED    STATES    OF    AMERICA.  603 

THE    COMMKKCIAL    SYSTEM    OK    TAXATION.  I'AKT    111. 

the  omnipotence    of   parliament,  and   acquiescing  in  Address  of 
whatever  disposition  they  might  think  proper  to  make  J'j.^^  ^^'^; 
of  their  lives  and  property.  giesa  to 

"Let  justice  and  humanity  cease  to  be  the  boast  of  I,t'*^Greaf '^ 
your   nation !     Consult   your   history,   examine   your  j^'|''^'"' 
records  of  former  transactions,  nay,  turn  to  the  annals 
of  the  many  arbitrary  states  and  kingdoms  that  sur- . 
round  you,  and  show  us  a  single  instance  of  men  con- 
demned to  suffer  for  imputed  crimes,  unheard,  unques- 
tioned, and  without  even  the  specious  formalilij  of  a 
trial,  and  that  too  by  laws  made  expressly  for  the  pur- 
pose, and  which  had  no  existence  at  the  time  of  the 
act   committed.     If  it  be   difficult  to  reconcile   these  Proceed- 
proceedings  to  the  genius  and  temper  of  your  laws  and  "^.^Lst 
constitution,  the  task  will  become  more  arduous,  when  Boston, 
we  call  upon  our  ministerial  enemies  to  justify,  not 
only  condemning  men  untried  and  by  hearsay,  but 
involving  the  innocent   in   one   common  punishment 
with  the  guilty,  and  for  the  act  of  thirty  or  forty,  to 
bring  poverty,  distress,  and  calamity  to  thirty  thousand 
souls,  and  those  not  your  enemies,  but  your  friends, 
brethren,  and  fellow-subjects. 

"It  would  be  some   consolation  to  us,  if  the  cata- Ancient 
logue  of  American  oppressions  ended  here.     It  gives  "S^^*^  de- 

.  T  T  •  I.  stroyed. 

US  pain  to  be  reduced  to  the  necessity  of  reminding 
you,  that  under  the  confidence  reposed  in  the  faith  of 
government,  pledged  in  a  royal  charter  from  a  British 
sovereign,  the  forefathers  of  the  present  inhabitants  of  ^ 
the  Massachusetts  Bay  left  their  former  habitations, 
and  established  that  great,  flourishing,  and  loyal  col- 
ony. Without  incurring  or  being  charged  with  a  for- 
feiture of  their  rights,  without  being  heard,  without 
being  tried,  without  law,  and  without  justice,  by  an  act 
of  parliaiuent,  their  charter  is  destroyed,  their  liberties 
violated,  their  constitution  and  form  of  government 
changed :  and  all  this  upon  no  better  pretence,  than 
because  in  one  of  their  towns  a  trespass  was  committed 
on  some  merchandise,  said  to  belong  to  one  of  the 


604  THE  GOVERNMENTAL   HISTORY   OF 

Part  III.  origin  and  CAtsi^d  of  thk  revolution. 

Address  of  Companies,  and  because  the  ministry  were  of  opinion 
the  coio-     ^[^r^i  such  hii2:h  poUtical  regulations  were  necessary  to 

nial  con-  .  J     "'■' 

gressto      compel  duc  subordination  and  obedience  to  their  man- 

of^Greaf  "^  ^^^Gs-     ^°^  ^^'^  *^^^^^  ^^^  ^^^^y  capital  grievances  under 
Britain,      ^hich  WO  labour.     We  might  tell  of  dissolute,  weak, 

1774. 

and  wicked  governors  having  been   set  over  us;    of 
-     •  legislatures  being  suspended  for  asserting  the  rights  of 
British  subjects ;  of  needy  and  ignorant  dependents  on 
great  men,  advanced  to   the   seats  of  justice,  and  to 
other  places  of  trust  and  importance ;  of  hard  restric- 
tions on  commerce,  and  a  great  variety  of  lesser  evils, 
the   recollection    of  which   is    almost   lost  under  the 
weight  and  pressure  of   greater   and   more   poignant 
calamities. 
Design  of       ^^JS/ow  mark  the  progression  of  the  ministerial  plan 
enslav7th*' /^^^  ^^slavliig  US.     Well   awarc   that    such   hardy   at- 
Coionies.    tempts  to  take  our  property  from  us,  to  deprive  us  of 
that  valuable  right  of  trial  by  jury,  to  seize  our  ports, 
to  destroy  our  charters,  and  change  our  forms  of  gov- 
ernment, would  occasion,  and  had  already  occasioned, 
great  discontent  in  the  colonies,  which  might  produce 
opposition  to  these  measures ;    an  act  was  passed  to 
protect,  indemnify,  and   screen  from  punishment,  such 
as  might  be  guilty  even  of  murder,  in  endeavouring  to 
carry  their  oppressive  edicts  into   execution ;  And  by 
another  act  the  dominion   of  Canada  is  to  be  so  ex- 
Romanism  tended,  modelled  and  governed,  as  that  by  being  disu- 
teetantism  ^^^^^  from  US,  detached  from  our  interests,  by  civil  as 
antago-      well  as  religious   prejudices ;  that  by  their  numbers 
daily  swelling  by  catholic  emigrants   from  Europe,  and 
by  their  devotion  to  administration,  so  friendly  to  their 
religion,  they  might  become  formidable  to  us ;  and  on 
occasion  be  fit  instruments  in  the  hands  of  power,  to 
reduce  the  ancient, /ree,  protestant  colonies  to  the  same 
state  of  slavery  with  themselves.     This  was  evidently 
the  object  of  the  act,  and  in  this  view,  being  extremely 
dangerous  to  our  liberty  and  quiet,  we  cannot  forbear 
complaining  of  it  as  hostile  to  British  America.     Su- 


THE   UNITED    STATES   OF  AMERICA.  605 


THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaUT    III. 


peraddcd   to    these   considerations,   we    cannot    help  Address  of 
deploring  the  unhappy  condition  to  which  it  has  re- |'-.^j '^."^'^" 
duced  the  many  English  settlers,  who,  encouraged  by  f;'t.>^«  to 
the  royal  proclamation  promising  the  enjoyment  of  all  ororeut  ^ 
their  rights,  have  purchased  estates  in  that  country,  i^'itain, 

1771 

They  are  now  the  subjects  of  an  arbitrary  government, 
deprived  of  trial  by  jury,  and  when  imprisoned  cannot 
claim  the  benefit  of  the  Habeas  Corpus  act,  that  great 
bulwark  and  palladium  of  English  liberty.  Nor  can 
we  suppress  ovir  astonishment  that  a  British  parliament 
should  ever  consent  to  establish  in  that  country,  a 
religion  that  has  deluged  your  Island  in  blood,  and  dis- 
persed impiety,  bigotry,  persecution,  fnurder  and  rebel- 
lion through  every  part  of  the  ivorld. 

"This  being  the  true  state  of  facts,  let  us  beseech Combina- 
you  to  consider  to  what  end  they  lead.     Admit  that*'?°.^^ 

•'  •'  nuiustry 

the  ministry,  by  the  powers  of  Britain,  and  the  aid  of  with  the 
our  Roman  Catholic  neighbors,  should  be  able  to  carry  catholics 
the  point  of  taxation,  and  roduce  us  to  a  state  of  per-iii  Canada. 
feet   humiliation    and    slavery.       Such    an    enterprise 
would  doubtless  make  some  addition  to  your  national 
debt,  which  already  presses  down  your  liberties,  and 
fills  you  with  pensioners  and  placemen.     We  presume 
also,  that  your  commerce  will  somewhat  be  diminished. 
However,  suppose  you  should  prove  victorious,  in  what  rpj,^  ^.^^^^t 
condition  will  you  then  be  ?     What  advantages  or  what  to  English 
laurels  will  you  reap  from  such  a  conquest  ?     May  not 
a  ministry  with  the  same  armies  enslave  you  ?     It  may 
be  said,  you  will  cease  to  pay  them ;  but  remember  the 
taxes  from  America,  the  wealth,  and  we  may  add  the 
men,  and  particularly  the  Roman  Catholics  of  this  vast 
continent,  will  then  be  in  the  power  of  your  enemies ; 
nor  will   you  have  any  reason  to  expect   that   after 
making  slaves  of  us,  many  among  us  should  refuse  to 
assist  in  reducing  you  to  the  same  abject  state.     Do 
not  treat  this  as  chimerical.     Know  that  in  less  than 
half  a  century,  the  quit-rents  reserved  to  the  crown, 
from  the  numberless  grants  of  this  vast  continent,  will 


606 


THE   GOVERNMENTAL    HISTORY   OF 


Part  III. 


ORIGIN    AND    CAUSES    OF  THE    REVOLUTION. 


Address  of 
the  colo- 
nial con- 
gress to 
the  people 
of  Great 
Britain, 
1714. 


Their  alle- 
giance to 
England. 


*  1768. 


Retaliato- 
ry meas- 
ures. 


pour  large  streams  of  wealth  into  the  royal  coffers ; 
and  if  to  this  be  added  the  power  of  taxing  America 
at  pleasure,  the  crown  will  be  rendered  independent 
of  you  for  supplies,  and  will  possess  more  treasure 
than  may  be  necessary  to  purchase  the  remains  of  lib- 
erty in  your  island.  In  a  word,  take  care  that  you  do 
not  fall  into  the  pit  that  is  preparing  for  us. 

"We  believe  there  is  yet  much  virtue,  much  justice, 
and  much  public  spirit  in  the  English  nation  ;  to  that 
justice  we  now  appeal.  You  have  bee«  told  that  we 
are  seditious,  impatient  of  government,  and  desirous 
of  independency.  Be  assured  that  these  are  not  facts, 
but  calumnies.  Permit  us  to  be  free  as  yourselves, 
and  we  shall  ever  esteem  a  union  with  you  to  be  our 
greatest  glory  and  our  greatest  happiness.  We  shall 
ever  be  ready  to  contribute  all  in  our  power  to  the 
glory  of  the  empire.  We  shall  consider  your  enemies 
as  our  enemies,  and  your  interest  as  our  own.  But  if 
you  are  determined  that  your  ministers  shall  wantonly 
sport  with  the  rights  of  mankind  ;  if  neither  the  voice 
of  justice,  the  dictates  of  the  law,  the  principles  of  the 
constitution,  nor  the  suggestions  of  humanity,  can 
restrain  your  hands  from  shedding  human  blood  in 
such  an  impious  cause,  we  must  then  tell  you  that  we 
will  never  submit  to  be  hewers  of  wood  or  drawers  of 
water  for  any  ministry  or  nation  in  the  world.  Place 
us  in  the  same  situation  that  we  were  at  the  close  of 
the  last  war,*  and  our  former  harmony  will  be  restored. 

"  But  lest  the  same  supineness  and  the  sama  inatten- 
tion to  our  common  interests  which  you  have  for  sev- 
eral years  shown,  should  continue,  we  think  it  prudent 
to  anticipate  the  consequences.  By  the  destruction  of 
the  trade  of  Boston,  the  ministry  have  endeavored  to 
induce  submission  to  their  measures.  The  like  fate 
may  befall  us  all.  We  will  endeavor,  therefore,  to  live 
without  trade,  and  recur  for  subsistence  to  the  fertility 
and  bounty  of  our  native  soil,  which  will  afford  us  all 
the  necessaries  and  some  of  the  conveniences  of  life. 


THE   UNITED    STATES   OF  AMERICA.  507 


THE  commf:rcial  system  of  taxation.  Part  HI. 

We  have  suspended  our  importations  from  Great  Brit-  Address  of 
ain  and  Ireland  ;  and  in  less  than  a  year's  time,  unless  ^^^^  *^J^^_" 
our  grievances  should  be  redressed,  shall  discontinue  g'ess  to 
our  exports  to  those  kingdoms  and  the  West  Indies,  of  Great 
It  is  with  the  utmost  regret,  however,  that  we  find  ^^l^'f^' 
ourselves  compelled,  by  the  overruling  principles  of 
self-preservation,  to  adopt  measures  detrimental  in  their 
consequence^  to    numbers    of  our   fellow-subjects   in 
Great   Britain  and  Ireland.     But  we  hope  that  the 
magnanimity  and  justice  of  the  British  nation  will  fur- 
nish a  parliament  of  such  wisdom,  independence,  and 
public   spirit,  as  may  save  the  violated  rights  of  the 
whole  empire  from  the  devices  of  wicked  ministers  and 
evil   counsellors,  whether   in    or   out  of   ofiice ;    and 
thereby  restore  that  harmony,  friendship,  and  fraternal 
affection,  between  all  the  inhabitants  of  his  majesty's 
kingdoms  and  territories,  so  ardently   sought  for  by 
every  true  and  honest  American." 

Address  to  the  Inhabitants  of  the  Colonies 
Of  New  Hampshire,  Massachusetts  Bay,  Rhode  Island 
and  Providence  Plantations,  Connecticut,  New  York, 
New  Jersey,  Pennsylvania,  the  Counties  of  New- 
castle, Kent,  and  Sussex,  on  Delaware,  Maryland, 
Virginia,  North  Carolina,  South  Carolina. 

"  Friends  and  Countrymen, 
"  We,  the  Delegates  appointed  by  the  good  people  of  Address  to 
these  colonies  to  meet  at  Philadelphia  in  September  uants*!)?' 
last,  for  the  purposes  mentioned  by  our  respective  con-  *^°  ''<^'°" 

...  ,  .  ^  nies  in 

stituents,  have,  in  pursuance  of  the  trust  reposed  in  us,  America, 
assembled,  and  taken  into  our  most  serious  considera- 
tion the  important  matters  recommended  to  the  con- 
gress. Our  resolutions  thereupon  will  be  herewith 
communicated  to  you.  But  as  the  situation  of  public 
affairs  grows  daily  more  and  more  alarming ;  and  as  it 
may  be  more  satisfactory  to  you  to  be  informed  by  us 
in  a  collective  bod/j,  than  in  any  other  manner,  of  those 
sentiments  that  have  been  approved  upon  a  full  and 


508  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.  origin  and  causes  of  the  revolution. 

Address  of  free  discussion,  by  the  representatives  of  so  great  a 
the  coio-       ^^,^  Qf  America,  we  esteem  ourselves  obliged  to  add  this 

nial  con-      i-  '  o  • 

gress  to  address  to  these  resolutions.  In  every  case  of  opposi- 
itents  o?'  tioii  ^y  ^  people  to  their  rulers,  or  of  one  state  to  an- 
the  coio-  other,  duty  to  Almighty  God,  the  Creator  of  all, 
'  *  requires  that  a  true  and  impartial  judgment  be  formed 
of  the  measures  leading  to  such  opposition,  and  of  the 
causes  by  which  it  has  been  provoked,  or  can  in  any 
degree  be  justified ;  that  neither  affection  on  the  one 
hand  nor  resentment  on  the  other  being  permitted  to 
give  a  wrong  bias  to  reason,  it  may  be  enabled  to  take 
la,  dispassionate  view  of  all  circumstances,  and  to  settle 
the  public  conduct  on  the  solid  foundations  of  wisdom 
and  justice.  From  councils  thus  tempered  arise  the 
surest  hopes  of  the  divine  favour,  the  firmest  encour- 
agement to  the  parties  engaged,  and  the  strongest 
recommendation  of  their  cause  to  the  rest  of  mankind. 
With  minds  deeply  impressed  by  a  sense  of  these 
truths,  we  have  diligently,  deliberately,  and  calmly 
inquired  into  and  considered  those  exertions,  both  of 
the  legislative  and  executive  power  of  Great  Britain, 
which  have  excited  so  much  uneasiness  in  America ; 
and  have,  with  equal  fidelity  and  attention  considered 
the  conduct  of  the  colonies.  Upon  the  whole,  we  find 
ourselves  reduced  to  the  disagreeable  alternative  of 
being  silent  and  betraying  the  innocent,  or  of  speak- 
ing out  and  censuring  those  we  wish  to  revere.  In 
making  our  choice  of  these  distressing  difficulties,  we 
prefer  the  course  dictated  by  honesty  and  a  regard  for 
the  welfare  of  our  country. 
Thereve-  "Soon  after  the  conclusion  of  the  late  war,  there 
nue  policy.  ^^^^^^^^^^^  ^  memorable  change  in  the  treatment  of 
these  colonies.  By  a  statute  made  in  the  fourth  year 
of  the  present  reign,  a  time  of  profound  peace,  alledg- 
ing  '  the  expediency  of  new  provisions  and  regulations 
for  extending  the  commerce  between  Great  Britain  and 
his  majesty's  dominions  in  America,  and  the  neressity 
of  raising  a  r  eve  me  in  the  said  dominions  for  defray- 


THE   UNITED   STATES    OP   AMERICA.  509 


THE    COMMERCIAL     SYSTEM    OF    TAXATION.  PaRT    III. 

ing  the  expenses  of  defending,  protecting,  and  securing  Address  of 
the  same,'  tlic  commons  of  Great  Britain  undertook  to  ^^■^[J'\.^^_ 
g-ive  and  grant  to  his  majesty  many  rates  and  duties  to  gross  to  the 
be  paid  iu  these  colonies.     To  enforce  the  observance  ants  of  the 
of  this  act,  it  prescribes  a  great  number  of  severe  pen- ^"'"^'^'*^^' 
alties  and  forfeitures ;    and  in  two  sections  makes  a 
remarkable  distinction  between  the  subjects  in  Great 
Britain  and  those  in  America.     By  the  one  the  penal- 
ties and  forfeitures  incurred  there,  are  to  be  recovered 
in  any  of  the  king's  courts  of  record  at  Westminster, 
or  in  the  court  of  exchequer  in  Scotland ;  and  by  the 
other  the  penalties  and  forfeitures  incurred  here,  are 
to  be  recovered  in  any  court  of  record,  or  in  any  court 
of  adniiraltij  or  vice-admiralty,   at  the   election  of  the 
informer  or  prosecutor :     The  inhabitants  of  these  colo- 
nies, confiding  in  the  justice  of   Great  Britain,  were 
scarcely  allowed  sufficient  time  to  receive  and  consider 
this  act,  before  another,  well  known  by  the  name  of 
the  ■  Statnp  Act,  and  passed  in  the  fifth  year  of  this  The  Stamp 
reign,  engrossed  their  whole  attention.     By  this  stat-^^*^' 
ute  the  British  parliament  exercised  in  the  most  ex- 
plicit manner  a  power  of  taxing  us;  and  extending  the 
jurisdiction  of  courts  of  admiralty  and  vice-admiralty, 
in  the  colonies,  to  matters  arising  within  the  body  of  a 
county ;  and  directed  the  numerous  penalties  and  for- 
feitures thereby  inflicted,  to  be  recovered  in  the  said 
courts :     In  the  same  year  a  tax  was  imposed  upon  us, 
by  an  act  establishing  several  new  fees  in  the  customs ; 
In  the  next  year  the   Stamp  Act  was  repealed ;   not 
because  it  was  founded  in  an  erroneous  principle,  but, 
as  the  repealing  act  recites,  because  '  the  continuance 
thereof  would  be  attended  with  many  inconveniences, 
and  might  be  productive  of  consequences  greatly  det- 
rimental to  the  commercial  interests  of  Great  Britain.' 
In  the  same  year,  and  by  a  subsequent  act,  it  was  de- 
clared '  that  his  majesty  in  parliament,  of  right,  had 
power  to  l)ind  the  people  of  these  colonics  by  statutes  ^p,    ,    , 
in  all  cases  ivhatsoever : '     In  the  same  year,  another  atory  act. 


610  THE   GOVERNMENTAL    HISTORY   OF 

Part  III.  origin  and  causes  of  the  revolution. 

Address  of  act  was  passed  for  imposing  rates  and  duties  payable  in 

nial  con-    these  colonies.     In  this  statute  the  commons,  avoiding 

gresstothethe  tcmis  of  giving-  and  granting,  ^  hnmhly  besought 

ants  of  the  his  majesty  that  it  might  be  enacted,'  &c.     But  from  a 

cobmes,     declaration  in  the  preamble,  that  the  rates  and  duties 

•were  in  lieu  of  several  others  granted  by  the  statute 

first  before  mentioned  for  raising  a  revenue,  and  from 

some  other  expressions,  it  appears  that  these  duties 

were  intended  for  that  purpose.     In  the  next  year  an 

act  was  made  '  to  enable  his  majesty  to  put  the  customs 

and  other  duties  in  America,  under  the  management  of 

Executive  Commissioners,'  &c.,  and  the  king  therefoi'e  erected  the 

commis-     Present    expensive    board    of   commissioners,  for    the 

sioners.      express  purpose  of  carrying  into  execution  the  several 

acts  relating  to  the  revenue  and  trade  in  America. 

"After  the  repeal  of  the  Stam^)  Act,  having  again 
resigned  ourselves  into  our  ancient  unsuspicious  affec- 
tions for  the  parent  state ;  and  anxious  to  avoid  any 
controversy  with  her,  in  hopes  of  a  favorable  alteration 
in  sentiments  and  measures  towards  us,  we  did  not 
press  our  objections  against  the  above-mentioned  stat- 
utes made  subsequent  to  that  repeal.  Administration, 
attributing  to  trifling  causes  a  conduct  which  really 
proceeded  from  generous  motives,  were  encouraged  in 
the  same  year  to  make  a  bolder  experiment  on  the 
The  com  patience  of  America.  By  a  statute  commonly  called 
merciai      w^q  rrlass,  paper  and  tea  act.  made  fifteen  months  after 

dut)'  acts,  o         7  JT    I  7 

1767.  the  repeal  of  the  Stamp  Act,  the  commons  of  Great 
Britain  resumed  their  former  language,  and  again 
undertook  to  '^  give  and  grant  rates  and  duties  to  be 
paid  in  these  colonies,^  for  the  express  purpose  of  '  rais- 
ing a  revenue  to  defray  the  charges  of  the  administra- 
tion of  justice,  the  support  of  civil  government,  and  de- 
fending the  king^s  dominions''  on  this  continent.  The 
penalties  and  forfeitures,  incurred  under  this  statute, 
are  to  be  recovered  in  the  same  manner  with  those 
mentioned  in  the  foregoing  acts.  To  this  statute  so 
naturally  tending  to  disturb  the  tranquillity  then  uni- 


THE   UNITED   STATES   OF   AMERICA."  511 

TUE    COMMEKCIAL    SYSTEM    OF    TAXATION.  pART    III. 

versal  throughout  the  colonies,  parliament  in  the  same  Addross  of 
session  added  another   no  less    extraordinary.      Ever^''^!^.^"; 
since  the  making  of  the  present  peace,  a  standing  army  sresstothe 
has  been  kept  in  these  colonies.     From  respect  to  the  ants  of  the 
mother  country,  the  innovation  was  not  only  tolerated,  ^^^Ij*]^'*^^' 
but  the  provincial  legislatures  generally  made  provis- 
ion for   supplying  the  troops.     The  assembly  of   the 
province  of  New  York  having  passed  an  act  of  this 
kind,  but  differing  in  some  articles  from  the  directions 
of  the  act  of  parliament  made  in  the  fifth  year  of  this 
reign,  the  house  of  representatives  in  that  colony  was 
prohibited,  by  a  statute  made  in  the  last  session  men- 
tioned, from  making  any  bill,  order,  resolution,  or  vote, 
except  for  adjourning  or  choosing  a  speaker,  until  pro- The  re- 
vision should  be  made  by  the  said  assembly  for  fur- ^et  against 
nishing  the  troops  within  that  province,  not  only  with  New  York, 
all  such  necessaries  as  were  required  by  the  statute 
which  they  were    charged  with   disobeying,  but  also 
with  those  required  by  two  other  sul^sequent  statutes, 
which  were  declared  to  be  in  force  until  the  twenty- 
fourth  day  of  March,  1769 :     These  statutes  of  the 
year  1767  revived  the  apprehensions  and  discontents 
that  had  entirely  subsided  on  the  repeal  of  the  Stamp 
Act;  and  amidst  the  just  fears  and  jealousies  thereby 
occasioned,  a  statute  was  made  in  the  next  year  to  1V68. 
establish  courts  of  admiralty  and  vice-admiralty  on  a 
new  model,  especially  for  the  end  of  more  effectually 
recovering  of  the  penalties  and  forfeitures  inflicted  by 
the  acts  of  parliament  framed  for  the  purpose  of  rais- 
ing a  revenue  in  America,  &c. 

"The  immediate  tendency  of  these  statutes  is,  to  sub- Unconsti- 
vert  the  right  of  having  a  share  in  legislation,  by  rcn- 1,"^ t*jj"gg  ^ 
dering   assemblies  useless;   the  right  of  property,  by  acts, 
taking  the  money  of  the  colonists  without  tlicir  consent ; 
the  right  of  trial  by  jury,  by  substituting  in  their  place 
trials  in   admiralty    and  vice-admiralty  courts,  where 
single  judges  preside,  holding  their  commissions  during 
pleasure;  and  unduly  to  influence  the  courts  of  com- 


512  THE   GOVERNMENTAL   HISTOBY   OF 

Part  III.  origin  and  causes  of  the  retolution. 

Address  of  jnon  law,  by  rendering  the  judges  thereof  totally  de- 
nial Con-    pendent  on  the  crown  for  their  salaries.     These  stat- 
fheTiihabi-  ^^^^^f  ^^^t  to  mention  many  others  exceedingly  excep- 
tants of  the  tionable,  compared  one  with  another,  will  be  found  not 
1-^74     '     only  to  form  a  regular  system,  in  which  every  part  has 
great  force,  but  also  a  pertinacious  adherence  to  that 
system,  for  subjugating  these  colonies,  that  are  not,  and 
from  local  circumstances  cannot  be,  represented  in  the 
House  of  Commons,  to  the  uncontroulable  and  unlim- 
ited power  of  parliament,  in  violation  of  their  undoubt- 
ed rights  and  liberties,  in  contempt  of  their  humble  and 
repeated   supplications.      This   conduct    must   appear 
equally  astonishing  and  unjustifiable,  when  it  is  con- 
sidered how  unprovoked  it  has  been  by  any  behaviour 
Loyalty  of  of  thcsc  colouics.      From  their  first  settlement  their 
nies.     '    bitterest  enemies  never  fixed  upon  them  a  charge  of 
disloyalty  to  their  sovereign  or  disaffection  to  the  mother 
country.     In  the  wars  she  has  carried  on,  they  have 
exerted  themselves  whenever  required,  in  giving  her 
assistance ;  and  have  rendered  her  services,  which  she 
has  publicly  acknowledged  to  be  extremely  important. 
Their  fidelity,  duty,  and  usefulness  during  the  last  war, 
were  frequently  and  affectionately  confessed  by  his  late 
majesty  and  the  present  king.     The  reproaches  of  those 
who  are  most  unfriendly  to  the  freedom  of  America, 
Defence  of  are  principally  levelled  against  the  province  of  Massa- 
settsBay."  chusctts  Bay;  but  with  what  little  reason,  will  appear 
by  the  following  declarations  of  a  person,  the  truth  of 
whose  evidence,  in  their  favor,  will  not  be  questioned. 
Governor  Bernard  thus  addresses  the  two  houses  of 
assembly,  in  his  speech  on  the  twenty-fourth  of  April, 
1762 — 'The  unanimity  and  despatch  with  which  you 
have  complied  with  the  requisitions  of  his  majesty  re- 
Testimony  quire  my  particular  acknowledgment.      And  it  gives 
Bernard     ^^^^  additional  pleasure  to  observe,  that  you  have  therein 
1762.    '    acted  under  no  other  influence  than  a  due  sense  of  your 
duty,  both  as  members  of  a  general  empire,  and  as  the 
body  of  a  particular  province.'     In  another  speech  on 


THE   UNITED    STATES   OP   AMERICA.  513 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

the  twenty-seventh  of  May  in  the  same  year,  he  says — Address  of 
'  Whatever  shall  be  the  event  of  the  war,  it  must  be  „i.,i  (j^j] 
no  small  satisfaction  to  us  that  this  province  hath  con-  f^,''''^^  \^ , . 

'■  tlie  iiihabi- 

tributed  its  full  share  to  the  support  of  it.  Everij  fning-umt^ottini 
that  hath  been  required  of  it  hath  been  complied  with,^^,.^^^^^^' 
and  the  execution  of  the  powers  committed  to  me  for 
raising  the  provincial  troops  hath  been  as  full  and  com- 
plete as  the  grant  of  them.  Never  before  were  regi- 
ments so  easily  levied,  so  well  composed,  and  so  early 
in  the  field  as  they  have  been  this  year:  The  common 
people  seemed  to  be  animated  with  the  spirit  of  the 
general  court,  and  to  vie  with  them  in  their  readiness 
to  serve  the  king.' 

"  Such  was  the  conduct  of  the  people  of  the  Massa-  Defence  of 
chusetts  Bay  during  the  last  war.  As  to  their  behav-setts'j3ay. 
lour  before  that  period,  it  ought  not  to  have  been  for- 
gotten in  Great  Britain,  that  not  only  on  every  occasion 
they  had  constantly  and  cheerfully  complied  with  the 
frequent  royal  requisitions;  but  that  chiefly  by  their 
vigorous  eJBforts  Nova  Scotia  was  subdued  in  1710,  and 
Louisbourg  in  1745.  Foreign  qiiarrels  being  ended, 
and  the  domestic  disturbances  that  quickly  succeeded 
on  account  of  the  Stamp  Act  being  quieted  by  its  repeal, 
the  asseml)ly  of  Massachusetts  Bay  transmitted  an 
humble  address  of  thanks  to  the  king  and  divers  noble- 
men, and  soon  after  passed  a  bill  granting  compensa- 
tion to  the  sufferers  in  the  disorder  occasioned  by  that 
act.  These  circumstances  and  the  following  extracts 
from  Grovernor  Bernard's  letters  in  17G8,  to  the  Earl 
of  Shelburne,  secretary  of  state,  clearly  show  with  what 
grateful  tenderness  they  strove  to  bury  in  oblivion  the 
unhappy  occasion  of  the  late  discords,  and  with  what 
respectful  deference  they  endeavored  to  escape  other 
subjects  of  future  controversy:  'The  House,  (says  tlicFnrtlior 
Governor)  from  the  time  of  opening  the  session  to  tliis  Jj^qq^"^ 
day,  lias  shown  a  disposition  to  avoid  all  dispute  with  Hcmard, 

•'  '  ^  ,  *  17(58  'IS 

me,  every  thing,  having   passed  with  as  much  goo  1 
humor  as  I  could  desire,  excei)t  only  their  continuing 
83 


614  THE   G0VERN2IENTAL   HISTORY   OF 

Part  III.  ,       origin  and  c\uses  of  the  kevolution. 

Address  of  to  act  ill  addressing'  the  king,  remonstrating  to  the  sec- 
niai  Cou-  ^'^taiy  of  state,  and  einploying  a  separate  agent.  It  is 
gress  to  the  importance  of  this  innovation,  without  any  willfuhiess 
tantsof  the  o^  i^^J  owii,  which  iiiduces  me  to  make  this  remonstrance 
colonics,  r^i  c^  time  when  I  have  a  fair  prospect  of  having  in  all 
other  business  nothing  but  good  to  say  of  the  proceed- 
*  January  ings  of  the  housc.'*  'They  have  acted  in  all  things, 
'  even  in  their  remonstrance,  ivith  temper  and  modera- 

tion; they  have  avoided  some  subjects  of  dispute,  and 
have  laid  a  foundation  for  removing  som^  causes  of 
(•January  former  altercatioii.'f      'I  shall  make  such  a  prudent 
30, 1768.    j^j^^j  proper  use  of  this  letter  as,  I  hope,  will  perfectly 
restore  the  peace  and  tranquillity  of  this  province,  for 
which  purpose  considerable  steps  have  been  made  by 
:]:  February  the  liouse  of  representatives.'^     The  vindication  of  the 
"'        ■     province  of  Massachusetts  Bay  contained  in  these  let- 
ters, will  have  greater  force,  if  it  be  considered  that 
Defence  of  they  were  written  several  months  after  the  fresh  alarm 

Mdssachu-  cr[yQjri  to  the  coloiiics  hv  the  statutes  passed  in  the  pre- 
setts  Bay.    '='  j  i  i 

ceding  year.     In  this  place  it  seems  proper  to  take 

notice  of  the  insinuation  of  one  of  these  statutes,  that 
the  interference  of  parliament  was  necessary  to  pro- 
vide for  '  defraying  the  charge  of  the  administration  of 
justice,  the  support  of  civil  government,  and  defending 
the  king's  dominions  in  America:^  As  to  the  two  first 
articles  of  expense ;  every  colony  had  made  such  pro- 
vision as  by  their  respective  assemblies,  the  best  judges 
on  such  occasions,  was  thought  expedient  and  suitable 
to  their  several  circumstances:  Respecting  the  last; 
it  is  well  known  to  all  men  the  least  acquainted  with 
American  affairs,  that  the  colonies  were  established,  and 
generally  defended  themselves,  without  the  least  assist- 
ance from  Great  Britain;  and  that  at  the  time  of  her 
taxing  them  by  the  statutes  before  mentioned,  most  of 
them  were  labouring  under  very  heavy  debts  contracted 
in  the  last  war.  Po  far  were  they  from  sparing  their 
money  when  their  s-ovcrcign  constitufionalh/.  asked  their 
aids,  that  during   the  course  of  that  war  i»arliamcnt 


THE    UNITED    STATES    OF   AMERICA.  51-3 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaUT    III. 

repeatedly  made  them  compensations  for  the  expenses  Address  of 
of  those  strenuous  efiForts,  which,  consulting  their  zcal[,iai';^o,i' 
rather  than  their  strength,  they  had  cheerfully  incurred,  "^^^f  ^^ 
Severe  as  the  acts  of  parliament  before  mentioned  are,tiintsofthe 
yet  the  conduct  of  administration  hath  been  equally  ^S!?^'^'*^^' 
injurious  and  irritating,  to  this  devoted  country.    Under 
pretence  of  governing  them,  so  many  new  institutions,  innova- 
iiniformly  rigid  and  dangerous,  have  been  introduced  ^.^o'lvn  and 
as  could  only  be  expected  from  incensed  masters,  forP^^iJ^- 
collecting  the  tribute,  or  rather  the  plunder  of  con- 
quered provinces.     By  order  of  the  king,  the  authority 
of   the  commander-in-chief,  and,  under  him,  of   the 
brigadier-generals,  in  time  of  peace,  is   rendered   sii- 
preme  in  all  the  civil  governments  in  America;   and 
thus  an  uncontrollable  military  power  is  vested  in  offi- 
cers not  known  to  the  constitution  of  these  colonies. 
A  large  body  of  troops,  and  a  considerable  armament  Enumcra- 
of  ships  of  war,  have  been  sent  to  assist  in  taking  their  ^'"eciai 
money  without  their  consent — expensive  and  oppress- grievances. 
ive  offices  have  been  multiplied,  and  the  arts  of  corrup- 
tion industriously  practiced  to  divide  and  destroy — the 
judges  of  the  admiralty  and  vice-admiralty  courts  are 
empowered  to  receive  their  salaries  and  fees  from  the 
effects  to  be  condemned  by  themselves — the  commis- 
sioners of  the  customs  are  empowered  to  break  open 
and  enter  houses  without   the  authority  of  any  civil 
magistrate  founded  on   legal  information — judges  of 
courts  of  common  law  have  been  made  entirely  depend- 
ent on  the  crown  for  their  commissions  and  salaries — 
a  court  has  been  established  at  Rhode  Island  for  the 
purpose  of  taking  colonists  to  England  to  be  tried  — 
humble  and  reasonable  petitions  from  the  representa- 
tives of  the  people  have  been  frequently  treated  with 
contempt;   and  assemblies   have  been   repeatedly  and 
arbitrarily  dissolved;  from  some  few  instances  it  will 
sufficiently  appear  on  what  pretences  of  justice  these 
dissolutions  have  been  founded. 

"  The  tranquillity  of  the  colonies  having  been  again 


516  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.  origin  and  causes  of  the  revolution. 

Address     disturbed,  as  lias  been  mentioned,  by  the  statutes  of  the 
nbi^con''-^^"  y®^^  1767,  the  earl  of  Hillsborough,  secretary  of  state, 
gress  to     in  a  letter  to  governor  Bernard,  dated  April  22,  1768, 
itants  of     consuros  the  presumption  of  the  house  of  representa- 
the  coio-    ^iygg  fQj,  i  resolving  upon  a  measure  of  so  inflammatory 
a  nature  as  that  of  ivritbig  to  the  other  colonies  on  the 
subject  of  their  intended  representations  against  some 
late  acts  of  parliament,^  then   declares  that — '  his  maj- 
esty considers  this  step  as  evidently  tending  to  create 
unwarrantable  combinations  to  excite  an  unjustifiable 
opposition   to   the    constitutional   authority  of  parlia- 
ment'— and  afterwards  adds,  'It  is  the  king-''spleasia'e, 
that  as  soon  as  the  general  court  is  again  assembled,  at 
Interfer-    the  time  prescribed  by  the  charter,  you  should  require 
Lord*'       of  the  house  of  representatives,  iji  his  majesty's  name,  to 
Hillsbor-    rescind  the  resolution  which  gave  Ijirth  to  the  circular 
°  '        letter  from  the  speaker,  and  to  declare  their  disappro- 
bation of  and  dissent  to  that  rash  and  hasty  proceed- 
ing.    If  the  new  assembly  should  refuse  to  comply  with 
his   majesty's   reasonable   expectation  it  is  the  king's 
pleasure  that  you  should  immediately  dissolve  them.' 
Interfer-         a  rp|^-g  Iq^^^qj.  being  laid  before  the  house,  and  the  reso- 

cncc  with 

assemblies,  lutions  not  being  rescinded  according  to  order,  the 
assembly  was  dissolved.  A  letter  of  a  similar  nature 
was  sent  to  other  governors  to  procure  resolutions  ap- 
proving the  conduct  of  the  representatives  of  Massa- 
chusetts Bay,  to  be  rescinded  also ;  and  the  houses  of 
representatives  in  other  colonies  refusing  to  comply, 
assemblies  were  dissolved  :  These  mandates  spoke  a  lan- 
guage to  which  the  ears  of  English  subjects  had  for 
several  generations  been  strangers.  The  nature  of  as- 
semblies implies  a  power  and  right  of  deliberation,  but 
these  commands,  proscribing  the  exercise  of  judgment 
on  the  propriety  of  the  requisitions  made,  left  to  the 
assemblies  only  the  election  between  dictated  submis- 
sion and  threatened  punishment ;  a  punishment  too, 
founded  on  no  other  act,  than  such  as  is  deemed  inno- 
cent even  in  slaves — of  agreeing  in  petitions  for  redress 


THE   UNITED   STATES   OF   AMERICA.  517 

TIIK    COMMf;RCIAI,    SYSTKM    OK    TAXATION.  I'aT.T    III. 

of  grievances  that  equally  affect  all.     The  hostile  and  Adiiross 
unjustifiable  invasion  of  the  town  of  Boston  soon  fol-uia/con-  ' 
lowed  these  events  in  the  same  year ;  thouerh  that  town,  g^css  to 

,.,...,,„,  ,       .        the  inhab- 

the  province  in  which  it  is  situated,  and  all  the  colonies,  itants  of 
from  abhorrence  of  a  contest  wnth  their  parent  state ,J^'?°g'^j°^^ 
permitted  the  execution  even  of  those  statutes  against  invasion 
which  they  so  unanimously  were  complaining,  remon-^^^^^^^"^- 
strating,  and  supplicating. 

"Administration,  determined  to  subdue  a  spirit  of  combina- 
freedom,  which  English  ministers  should  have  rejoiced  I,\°,"  ^^^1! 
to  cherish,  entered   into  a  monopolizing  combination  with  the 
with  the  East  India  Company,  to  send  to  this  continent  company, 
vast  quantities  of  tea,  an  article  on  which  a  duty  was 
laid  by  a  statute,  that,  in  a  particular  manner,  attacked 
the  liberties  of  America,  and  which  therefore,  the  in- 
habitants of  these  colonies  had  resolved  not  to  import. 
The  cargo  sent  to   South  Carolina  was  stored  and  not 
allowed  to  be  sold.     Those  sent  to  Philadelphia  and 
New  York  "were  not  permitted  to  be  landed.     That  sent 
to  Boston  was  destroyed,  because  governor  Hutchinson 
would  not  suffer  it  to  be  returned.     On  the  intelligence 
of  these  transactions  arriving  in  Great  Britain,  the  pub- 
lic spirited  town  last  mentioned,  was  singled  out  for 
destruction,  and  it  was  determined  the  province  it  be- 
longs to  should  partake  of  its  fate.     In  the  last  session 
of  parliament  therefore,  were  passed  the  acts  for  shut- 
ting up  the  port  of  Boston,  indemnifying  the  murderers  The  Bos- 
of  the  inhabitants  of  Massachusetts  Bay,  and  changing  ^?°  v^rt 
their  chartered  constitution  of   government.     To  en- 
force these  acts,  that  province  is  again  invaded  by  a 
fleet  and  army.     To  mention  these  outrageous  proceed- 
ings is  sufficient  to  explain  them.     For  though  it  is  pre-  invasion 
tended  that  the  province  of  Massachusetts  Bay  has  been  ehuseu^' 
particularly  disrespectful  to  Great  Britain,  yet  in  truth  ^-^J^  alone, 
the  behaviour  of  the  people  in  other  colonies  has  been 
an  equal  '  opposition  to  the  power  assumed  by  parlia- 
ment.'    No  step,  however,  has  been  taken  against  any 
of  the  rest.     This  artful  conduct  conceals  several  de- 


518  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.  origin  and  causes  of  the  revolution. 

Address     signs.     It  is  expected  that  the  province  of  Massachu- 
ofthecoio-     ^g  -g      ^^Y^  j^,g  irritated  into  some  violent  action  that 

mal  con-  •' 

gress  to     niay  displease  the  rest  of  the  continent,  or  that  may 
itantrof*  '  induce  the  people  of  Great  Britain  to  approve  the  medi- 
the  coio-    tated  vengeance  of  an  imprudent  and  exasperated  min- 
'         Istry.     If  the  unexampled  pacific  temper  of  that  pro- 
vince shall  disappoint  this  part  of  the  plan,  it  is  hoped 
the  other  colonies  will  be  so  far  intimidated  as  to  desert 
"^^f^^ ,,  .  their  brethren  suffering  in  a  common  cause,  and  that 

union  their  i  i        m 

strength,    thus  disunited  all  may  be  subdued.     To  promote  these 
designs  another  measure  has  been   pursued.     In  the 
session  of  parliament  last  mentioned,  an  act  was  passed 
The  Que-    for  changing  the  government  of  Quebec,  by  «\vhich  act 
bee  bui.     ^i^g  Roman  Catholic  religion,  instead  of  being  tolerated 
as  stipiilated  by  the  treaty  of  peace,  is  established ;  and 
the  people  there  are  deprived  of  a  right  to  an  assembly, 
trials  by  jury,  and  the  English  laws  in  civil  cases  are 
abolished,  and  instead  thereof  the  French  laws  are  es- 
tablished, in  direct  violation  of  his  majesty's  promise 
by  his  royal  proclamation,   under  the  faith  of  which 
many  English   subjects    settled  in  that  province ;  and 
the  limits  of"  that  province  are  extended  so  as  to  com- 
prehend  those  vast  regions  that  lie  adjoining  to  the 
northcrlyandwesterly  boundaries  of  these  colonics.  The 
authors  of  this  arbitrary  arrangement  flatter  themselves 
that  the  inhabitants,  deprived  of  liberty,  and  artfully 
provoked   against   those  of  another   religion,  will  be 
proper  instruments  for   assisting  in  the  oppression  of 
such  as  differ  from  them  in  modes  of  government  and 
faith.     From  the  detail  of  facts  herein  before  recited, 
as  well  as  from   authentic    intelligence  received,  it  is 
clear  beyond  a  doubt,  that  a  resolution  is  formed  and 
now  carrying  into  execution,  to  extinguish  the  freedom 
.    of  these  colonies  by  subjecting  them  to  a  despotic  gov- 
ernment. 
Authority       "At  this  unhappy  period,  we  have   been  authorized 
of  the        Qj^^  directed  to  meet  and  consult  together  for  the  wel- 
congress.    ^^^^  ^^  ^^^^  common  Country.     We  accepted  the  im- 


THE   UNITED   STATES   OF   AMERICA.  .  519 


THE    COMMKKCIAL    SYSTEM    OF    TAXATION.  TaKT    III. 


portant  trust  with  diffidence,  but  have  endeavored  to  Address 
discharge  it  with  integrity.     Though  the  state  of  these  "i.^,|!o^^°' 
colonies  would  certahily  justify  other  measures  than  wc  fJ'css  to 

•'''''  the  inhab- 

have  advised,  yet  weighty  reasons  determined  us  to  itants  of 
prefer  those  we  have  adopted.  In  the  first  place,  it  ^V-^^.^s^'ilH. 
pcared  to  us  a  conduct  becoming  the  character  the  colo- 
nies have  ever  sustained,  to  perform,  even  in  the  midst 
of  tlie  unnatural  distresses  and  imminent  dangers  that 
surround  them,  every  act  of  loyalty ;  and  therefore,  we 
were  mduced  once  more  to  offer  to  his  majesty  the  pe- 
titions of  his  faithful  and  oppressed  subjects  in  America  : 
Secondly,  regarding  with  the  tender  affection,  wliich 
we  knew  to  be  so  universal  among  our  countrymen,  the 
people  of  the  kingdom  from  which  we  derive  our  origin, 
we  could,  not  forbear  to  regulate  our  steps  by  an  ex- 
pectation of  receiving  full  conviction  that  the  colonists 
are  equally  dear  to  them.  Between  these  provinces  concilia- 
and  that  body  subsists  the  social  bond,  which  we  ar-**^''^^^ J™ ^_ 
dently  wish  may  never  be  dissolved,  and  which  cannot  gress. 
be  dissolved  until  their  minds  shall  become  indisputa- 
bly hostile,  or  their  inattention  shall  permit  those  who 
are  thus  hostile  to  persist  in  prosecuting  with  the 
powers  of  the  realm,  the  destructive  measures  already 
operating  against  the  colonists ;  and,  in  either  case, 
shall  reduce  the  latter  to  such  a  situation,  that  they 
shall  be  compelled  to  renounce  every  regard  but  that 
of  self-preservation.  Notwithstanding  the  violence 
with  which  affairs  have  been  impelled,  they  have  not 
yet  reached  that  fatal  point.     We  do  not  incline  to  ac-  ^""0*  revo- 

,  ,.  .-,-,•,  ■      ^  •  ^  lutionary. 

celerate  their  motion,  already  alarmingly  rapid ;  wc 
have  chosen  a  method  of  opposition  that  does  not  pre- 
clude a  hearty  reconciliation  with  our  fellow-citizens 
on  the  other  side  of  the  Atlantic.  We  deeply  deplore 
the  urgent  necessity  that  presses  us  to  an  immediate 
interruption  of  commerce  that  may  prove  injurious  to 
them.  Wc  trust  they  will  acquit  us  of  any  unkind  in- 
tentions towards  them,  by  reflecting,  that  we  are  driven 
by  the  hands  of  violence  into  unexperienced  and  unex- 


520  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.  origin  and  causes  of  the  revolution. 

Address  pected  public  convulsions,  and  that  we  are  contending 
niai  con-  '  ^*^^'  ^^^^^  frccdoiu  SO  oftcn  Contended  for  bj  our  ances- 
giess  to     tors.     The  people  of  England  will  soon  have  an  oppor- 

the  inhab-  ^       .,         ->   j      ,      .  ,,     .  .  .         ^ 

itantsof     tunity  01  dccianng   their   sentnnents   concerning  our 
the  coio-    cause.     In  their  piety,  generosity,  and  good  sense,  we 
repose  high  confidence  ;  and  cannot,  upon  a  review  of 
past  events,  be  persuaded  that  they,  the  defenders  of 
true  religion,  and  the  asserters  of  the  rights  of  man- 
kind, will  take  part  against  their  affectionate  protestant 
brethren  in   the  colonies,  in  favour  of  our  open  and 
their  own  secret  enemies,  whose  intrigues,  for  several 
years  past,  have  been  wholly  exercised  in  sapping  the 
foundations  of  civil  and  religious  liberty. 
Further         "Another  reason  that  engaged  us  to  prefer  the  com- 
for  adopt-  i^acrcial  mode  of  opposition,  arose  from  an  assurance 
ing  this      that  the  mode  will  prove  more  efficacious,  if  it  be  per- 
redress.      sisted  ill  with  fidelity  and  virtue  ;  and  that  your  con- 
duct will  be  influenced  by  these  laudable  principles, 
cannot  be  questioned.     Your  own  salvation  and  that 
of  your  posterity,  now  depend  upon  yourselves.     You 
have  already  shown  that  you  entertain  a  proper  sense 
of  the  blessings  you  are  striving  to  retain.     Against  the 
temporary  inconveniences  you  may  suffer  from  a  stop- 
page of  trade,  you  will  weigh  in  the  opposite  balance 
the  endless  miseries  you  and  your  descendants  must 
endure  from  an  established  arbitrary  power.     You  will 
not  forget  the  honor  of  your  country,  that  must  from 
your  behaviour  take  its  title  in  the  estimation  of  the 
world  to  glory  or  to  shame :  And  you  will,  with  the 
Conclusion  deepest  attention,  reflect  that  if  the  peaceable  mode  of 
address,     opposition  recommended  by  us  be  broken  and  rendered 
ineffectual,  as  your  cruel  and  haughty  ministerial  ene- 
mies, from  a  contemptuous  opinion  of  your  firmness, 
insolently  predict  will  be  the  case,  you  must  inevitably 
be  reduced  to  choose,  either  a  more  dangerous  contest, 
or  a  final,  ruinous,  and  infamous  submission. 

"  Motives  thus  cogent,  arising  from  the  emergency  of 
your  unhappy  condition,  must  excite  your  utmost  dili- 


*  THE   UNITED    STATES   OF   AMERICA.  521 

THE    COMMEKCIAL    SYSTEM    OK    TAXATION.  PaRT    III. 

gence  and  zeal,  to  give  all  possible  strength  and  energy 
to  the  pacific  measures  calculated  for  your  relief.  But 
we  think  ourselves  bound  in  duty  to  observe  to  you, 
that  the  schemes  agitated  against  the  colonies  have 
been  so  conducted  as  to  render  it  prudent  that  you 
should  extend  your  views  to  mournful  events,  and  be 
in  all  respects  prepared  for  every  contingency.  Above 
all  things  we  earnestly  entreat  you,  with  devotion  of 
spirit,  penitence  of  heart,  and  amendment  of  life,  to 
huml)le  yourselves,  and  implore  the  favor  of  Almighty 
God ;  and  we  earnestly  beseech  his  divine  goodness  to 
take  you  into  his  gracious  protection." 


The  committee  appointed  to  prepare  an  address  to 
the  inhabitants  of  Quebec,  reported  a  draft,  which  was 
read,  and,  being  debated  by  paragraphs,  was  approved 
and  adopted,  as  follows : 

"To  THE  Inhabitants  of  the  Peovince  of  Quebec: 

"Friends  and  fellow-subjects:  We,  the  delegates  of  Address  of 
the  colonies  of  New  Hampshire ;  Massachusetts  Bay  ;  X\S.  Ton- 
Ehode  Island  and  Providence  Plantations ;  Connecticut ;  s^essto  the 

XT         -tr     1        XT  T  T-»  T  •  1  .      inhiibitants 

JNew  York;  JNew  Jersey;  Pennsylvania;  the  counties  of  Quebec, 
of  New-Castle,  Kent  and  Sussex  on  Delaware ;  Mary-  ^^'^^' 
land  ;  Virginia ;  North  Carolina ;  and  South  Carolina ; 
deputed  by  the  inhabitants  of  the  said  colonies  to  rep- Preamble, 
resent  them  in  a  general  congress,  at  Philadelphia,  in 
the  province  of  Pennsylvania,  to  consult  together  con- 
cerning   the  best  methods  to  obtain  redress  of   our 
afflicting   grievances;    having   accordingly    assembled 
and  taken  into  our  most  serious  consideration  the  state 
of  public  affairs  on  this  continent,  have  thought  proper 
to  address  your  province,  as  a  member  therein  deeply 
interested. 

"When  the  fortune  of  war,  after  a  gallant  and  glo- Accession 
rious  resistance,  had  incorporated  you  with  the  body  J^othrBrit- 
of  English  subjects,  we  rejoiced  in  the  truly  valuable  ishEmpire. 
addition,  both  on  our  own  and  your  account ;  expect- 
ing, as  courage  and  generosity  are  naturally  united, 


522  THE  GOVERNMENTAL    HISTORY  OP 


Part  III.  origin  and  causes  of  the  revolution. 


Address  of  our  brave  enemies  would  become  our  hearty  friends, 

the  coio-         ^j  ^j^j^^  ^Y\Q  Divine  Being  would  bless  to  you  the  dis- 
mal con-  ^ 
gresstothepensation  of  his  overruling  providence,  by  securing  to 

of  Quebe/you,  and  your  latest  posterity,  the  inestimable  advanta- 
1774.         ges  of   a  free   English   constitution   of    government, 
which  it  is  the  privilege  of  all  English  subjects  to 
enjoy. 

"These  hopes  were  confirmed  by  the  king's  procla- 
mation, issvied  in  the  year  1763,  plighting  the  public 
faith  for  your  full  enjoyment  of  those  advantages. 
Little  did  we  imagine  that  any  succeeding  ministry 
would  so  audaciously  and  cruelly  abuse  the  royal  au- 
thority as  to  withhold  from  you  the  fruition  of  the 
irrevocable  rights  to  which  you  were  thus  justly  en- 
titled. 
The  rights  "But  since  we  have  lived  to  see  the  unexpected  time 
to  which    y^Y^Qii  ministers  of  this  flagitious  temper  have  dared  to 

tllGV  QXQ 

entitled,     violate  the  most  sacred  compacts  and  obligations  ;  and 
twcMhey  ^^  J^^'  educated  under  another  form  of  government, 
are  de-      have  artfully  been  kept  from  discovering  the  unspeak- 
^"^^  "       able  worth  of  that  form  you  are  now  undoubtedly  en- 
titled to,  we  esteem  it  our  duty,  for  the  weighty  reasons 
hereinafter  mentioned,  to  explain  to   you  some  of  its 
most  important  branches. 
The  object     "  '  111  every  human  society,'  says  the  celebrated  Mar- 
of  good     quis  Beccaria,  '  there  is  an  effort  continually  tending 
to  confer  on  one  part  the  height  of  power  and  happi- 
ness, and  to  reduce  the  other  to  the  extreme  of  weak- 
ness and  misery.     The  intent  of  good  laws  is  to  oppose 
this  effort  and  to  diffiise  their  influence  universally  and 
equally.' 
Cause  of        "  Rulers  stimulated  by  this  pernicious  '  effort,'  and 
between     Subjects  animated  by  the  just  'intent  of  opposing  good 
rulers  and  laws  against   it,'  have  occasioned  the  vast  variety  of 
^^^  '        events  that  fill  the  histories  of  so  many  nations.     All 
these  histories  demonstrate  the  truth  of  this  simple 
position,  that  to  live  by  the  will  of  one  man,  or  set  of 
men,  is  the  production  of  misery  to  all  men. 


THE   UNITED   STATES  OF  AMERICA.  523 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaUT    III. 

"On  the  solid  foundation  of  this  principle,  Eng-lish- AMvess of 
men  reared  ui)  the  fabric  of  their  constitution  with  such  H'.'',  "^'^* 

■^  lllixl   coil" 

strength  as  for  ages  to  defy  time,  tyranny,  treachery,  gress  to  the 

.    ,  ,  T    n       •  1  ^^^      ,    •  inhabitants 

internal  and  loreign  wars;  and,  as  an  illustrious  au- of  Quebec, 
thor  of  your  nation,  hereafter  mentioned,  observes —  ^'^''^• 
*They  gave  the  people  of  their  colonies  the  form  of  The  British 

,     .  ,  T     .1  •  ,  .        Constitu- 

their  own  government,  and  tins  government  carrying  tion,  the 
prosperity  along  with  it,  they  have  grown  great  nations  ^^g'^^^g. 
in  the  forests  they  were  sent  to  inhabit.'  niai  rights. 

"  In,  this  form,  the  first  grand  right  is,  that  of  the  Yi\„\^t  of 
people  havins:  a  share  in  the  government  by  their  rep- the  people 

.  ,  11  ,  1    .  to  share  ia 

resentatives  chosen  by  themselves,  and,  in  consequencejthe  gov- 
of  being  ruled  by  laws  which  they  themselves  approve ;  ^^rnment. 
not  by  ediats  of  men,  over  whom  they  have  no  control. 
This  is  a  bulwark  surrounding  and  defending  their 
property,  which,  by  thwr  honest  cares  and  labours, 
they  have  acquired,  so  that  no  portions  of  it  can 
legally  be  taken  from  them  but  with  their  own  full  and 
free  consent,  when  they,  in  their  judgment,  deem  it 
just  and  necessary  to  give  them  for  public  services, 
and  precisely  direct  the  easiest,  cheapest,  and  most 
equal  methods  in  which  they  shall  be  collected. 

"The  influence  of  this  right  extends  still  further.  Right  of 
If  money  is  wanted  by  rulers  who  have  in  any  manner  [o'^ltll^^oM 
oppressed  the  people,  they  may  retain  it  until  their  appropria- 
grievances  are  redressed,  and  thus  peaceably  procure 
relief,  without  trusting  to  despised  petitions,  or  dis- 
turbing the  public  tranquillity. 

"The  next  great  right  is  that  of  trial  by  jury.     This  Right  of 
provides  that  neither  life,  liberty,  nor  property,  can  be*^^^'^^ 
taken  from  the  possessor,  until  twelve  of  his  unexcep- 
tionable countrymen  and  peers  of  his  vicinage,  who, 
from  that  neighbourhood,  may  reasonably  be  supposed 
to  be  acquainted  with  his  character,  and  the  characters  its  inci- 
of  the  witnesses,  upon  a  fair  trial,  and  full  inquiry,  J^^efitT'* 
face  to  face,  in  open  court,  before  as  many  of  the  peo- 
ple as  choose  to  attend,  shall  pass  their  sentence,  upon 
oath,  against  himj  a  sentence  that  cannot  injure  him, 


524  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.  origin  and  causes  of  the  revolution. 

Address  of  without  injuring  their  own  reputation,  and  probably 
u'ai  con-  their  interest  also  ;  as  the  question  may  turn  on  points 
gresstothethat,  in  some  degree,  concern  the  general  welfare  ;  and 
of  Quebec  if  i^  does  not,  their  verdict  may  form  a  precedent,  that, 
l'^'^*-         on  a  similar  trial  of  their  own,  may  militate  against 

themselves. 
Right  to        "  Another  right  relates  merely  to  the  liberty  of  theper- 
^Qxu^     5o;z.     If  a  subject  is  seized  and  imprisoned,  though  by 
order  of  government,  he  may,  by  virtue  of  this  right, 
immediately  obtain  a  writ,  termed  a  Habeas  Corpus, 
from  a  judge,  whose  sworn  duty  it  is  to  grant  it,  and 
thereupon  procure  any  illegal  restraint  to  be  quickly 
inquired  into  and  redressed. 
Right  to        "  A  fourth  right  is  that  of  holding  lands  by  the  ten- 
by  easy^     ^^^'^  ^^  ^^^1  rents,  and  not  by  rigorous  and  oppressive 
tenures,     services,  frequently  forcing  the  possessors  from  their 
families  and  their  business,  to  perform  what  ought  to 
be  done,  in  all  well  regulated  states,  by  men  hired  for 
the  purpose. 
Right  to        "  The  last  right  we  shall  mention  regards  the  freedom 
thTpress^  ^f  ^^^^  press.     The  importance  of  this  consists,  besides 
the  advancement  of  truth,  science,  morality,  and  arts 
in  general,  in  its  diffusion  of  liberal  sentiments  on  the 
administration  of  government,  its  ready  communication 
of  thoughts  between  subjects,  and  its  consequential  pro- 
motion of  union  among  them,  whereby  oppressive  offi- 
cers are  shamed  or  intimidated   into  more  honorable 
and  just  modes  of  conducting  affairs. 
These  "  These  are  invaluable  rights  that  form  a  considerable 

nM  *and  °"  P^^^  ^^  '^^^^  im\.di  systcm  of  government ;  that,  sending 
inviolable,  its  equitable  energy  through  all  ranks  and  classes  of 
men,  defends  the  poor  from  the  rich,  the  weak  from  the 
powerful,  the  industrious  from  the  rapacious,  the  peace- 
able from  the  violent,  the  tenants  from  the  lords,  and 
all  from  their  superiors. 
miSy  ^       "  !Z7ie5e  are  the  rights  without  which  a  people  cannot 
against      \)q  f^ee  and  happy,  and  under  the  protecting  and  en- 
rights,       couraging  influence  of  which  these  colonies  have  hith- 


THE  UNITED    STATES   OF   AMERICA.  625 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaKT    III. 

crto  SO  amazingly  flourished  and  increased.     These  are  AdUress  of 
the  riglits  a  profligate   ministry  are  now  striving,  hy  ^jlji'^.^^jj^ 
force  of  arms,  to  ravish  from  us,  and  which  we  are  with  g'^-'sp  to 
one  mmd,  resolved  never  to  resign  but  with  our  lives,    tants  of 

"These  are  the  rights  you  are  entitled  to,  and  ought, ^^^^^'^^l^'^*^' 
at  this  moment,  in  perfection,  to  exercise.     And  what 
is  offered  to  you,  by  the  late  act  of  parliament,  in  their  The  Que- 
place  ?     Liberty  of  conscience  in  your  religion  ?     No  I  ^^^^.^  ^f ' 
God  gave  it  to  you;    and  the  temporal  powers  with '""ysterial 
which  you  have  been  and  arc  connected,  firmly  stipula- 
ted for  your  enjoyment  of  it.     If  laws,  divine  and 
human,  could  secure  it  against  the  despotic  caprices  of 
wicked  men,  it  was  secured  before.     Arc  the  French 
laws,  in  civil  cases,  restored  ?    It  seems  so.    But  observe 
the  cautious  kindness  of  the  ministers,  who  pretend  to 
be  your  benefactors.     The  words  of  the  statute  are  —  Sophistry 
that  those  'laws  shall  be  the  rule,  until  they  shall  be''^'^^^^"- 
varied  or  altered  by  any  ordinances  of  the  governor  and 
council.'     Is  '  the  certainty  and  lenity  of  the  criminal 
law  of  England  and  its  benefits  and  advantages'  com- 
mended in  the  said  statute,  and  said  to  'have  been  sen- 
sibly felt  by  you '  secured  to  you  and  your  descendants  ? 
No!     They  too  are  subjected  to  arbitrary  'alterations' 
by  the  governor  and  council ;  and  a  power  is  expressly 
reserved  of  appointing  'such  courts  of  criminal,  civil, 
and   ecclesiastical   jurisdiction,   as    shall    be   thought 
proper.' 

"  Such  is  the  precarious  tenor  of  mere  will,  by  which  Precarious 
you  hold  your  lives  and  religion.     The  crown  and  its  *!:""''*^  ^^ 
ministers  are  empowered,  as  far  as  they  could  be  by  rights  un- 
parliament,to  establish  even  the  Inquisition  itself  among  ^^'^*'^<^^'^- 
you.     Have  you  an  assembly  composed  of  worthy  men, 
elected  by  yourselves,  and  to  whom  you  can  confide,  to 
make  laws  for  you,  to  watch  over  your  welfare,  and  to 
direct  in  what  quantity  and  in  what  manner  your  money 
shall  be  taken  from  you?     Xo!     The  power  of  makhig 
laws  for  you  is  lodged  in  the  governor  and  council,  all 


526  THE   GOVERNMENTAL    HISTORY   OF 

Part  III.  origin  and  causks  of  the  revolution. 

Address  of  of  them  dependent  upon,  and  removable  at  the  pleas- 

the  colo-  o  •    •   J 

niai  ton-    '^^^  o^  ^  minister. 

gressto         "Besides,  another  late  statute,  made  without  your 

the  mhabi-  i  i  •  i  i       • 

tants  of     consent,  has  subjected  you  to  the  impositions  of  excise 
Quebec,     — ^|^q  horror  of  all  free  states;   thus  wresting  your 
Imposition  property  from  you  by  the  most  odious  of  taxes,  and  lay- 
aniTfrinV^^^S  op^^i  ^^  insolcnt  tax-gatherers,  houses,  the  scenes 
merit  of     of  domcstic  pcaco  and  comfort,  and  called  the  castles 
rights,       ^f  Etiglish  subjects  in  the  books  of  their  law.     And  in 
the  very  act  for  altering  your  government,  and  intend- 
Other  in-    ed  to  flatter  you,  you  are  not  authorized  to  assess,  levy, 
nieius'of    ®^'  ^Pply?  ^"y  I'ates  and  taxes  but  for  the  inferior  pur- 
their         poscs  of  making  roads,  and  erecting  and  repairing  piib- 
*     '       lie  buildings,  or  for  other   local   conveniences  within 
your  respective  towns  and  districts. 
Invidious        "Why  this  degrading  distinction?      Ought  not  the 
tion  be-     Property  honestly  acquired  by  Canadians  to  be  held  as 
tween  Ca-  sacred  as  that  of  Englishmen?     Have  not  Canadians 
and  Eng-    seiise  ciiough  to  attend  to  any  other  puljlic  affairs,  than 
lishmen.     gathering  stones  from  one  place  and  piling  them  up  in 
another?     Unhappy  people!  who  are  not  only  injured, 
but  insulted.     Nay  more !  with  such  a  superlative  con- 
tempt of  your  understanding  and  spirit,  has  an  insolent 
ministry  presumed  to  think  of  you,  our  respectable  fel- 
low-subjects,  according   to   the   information   we   have 
Its  design,  received,  as  firmly  to  persuade  themselves  that   your 
gratitude  for  the  injuries  and  insults  they  have  recently 
offered  to  you,  will  engage  you  to  take  up  arms,  and 
render  yourselves  the  ridicule  and  detestation  of  the 
world,  by  becoming  tools,  in  their  hands,  to  assist  them 
in  taking  that  freedom  from  us,  which  they  have  treach- 
erously denied  to  you ;  the  unavoidable  consequence  of 
which  attempt,  if  successful,  would  be  the  extinction  of 
all  hopes  of  you  or  your  posterity  being  ever  restored 
to  freedom;  for  idiocy  itself  cannot  believe,  that,  when 
their  drudgery  is  performed,  they  will  treat  you  with 
less  cruelty  than  they  have  us  who  are  of  the  same 
blood  with  themselves. 


THE   UNITED   STATES   OP   AMERICA.  527 

THE    COMMERCIAL    SYSTEM    OP   TAXATION.  PaRT    III. 

"What  would  your  countryman,  the  immortal  ilfo/z- Aiidmssof 
tesquieu,  have  said  to  such  a  plan  of  domination  as  lias  niai 'con- 
been  framed  for  you  ?     Hear  his  words,  with  an  intense-  fffe^?  to 

.  T         ^        '"^  mhabi- 

ness  suited  to  the  importance  ot  the  subject.     '  In  a  tree  tants  of 
state,  every  man,  who  is  supposed  a  free-agent,  ought  to  Ji'^^  ^^' 
be  concerned  in  his  own  government:     Therefore  the  Appeal  to 
legislative  should  reside  in  the  whole  body  of  the  peo-  ^^^^l^J^'^' 
pie  or  their  representatives.     The  political  liberty  of  pride, 
the  subject  is  a  tranquillity  of  mind,  arising  from  the     . 
opinion  each  person  has  of  his  safety.     In  order  to  have 
this  liberty,  it  is  requisite  the  government  be  so  consti-  (^-^^^^^^^ 
tuted,  as  that  one  man  need  not  be  afraid  of  another,  from  Mon- 
When  the  power  of  making  laws  and  the  power  of  exe- 
cuting them,  are  united  in  the  same  person,  or  in  the 
same  body  of  magistrates,  there  can  be  no  liberty; 
because  apprehensions  may  arise,  lest  the  same  monarch 
or  senate  should  enact  tyrannical  laws,  to  execute  them 
in  a  tyrannical  manner. 

*' '  The  power  of  judging  should  be  exercised  by  per- 
sons taken  from  the  body  of  the  people,  at  certain  times 
of  the  year,  and  pursuant  to  a  form  and  manner  pre- 
scribed by  law.  There  is  no  liberty,  if  the  power  of 
judging  be  not  separated  from  the  legislative  and  execu- 
tive powers.' 

" '  Military  men  belong  to  a  profession  which  may  be 
useful,  but  is  often  dangerous.  The  enjoyment  of  lib- 
erty, and  even  its  support  and  preservation,  consists  in 
every  man's  being  allowed  to  speak  his  thoughts  and 
lay  open  his  sentiments.' " 

"Apply   these   decisive   maxims,   sanctified    by  theApplica- 
authority  of  a  name  which  all  Europe  reveres,  to  your^jj^^jQ^*  ® 
own  state.     You  have  a  governor,  it  may  be  urged,  vest- 
ed with  the  executive  powers,  or  the  powers  of  admin-    * 
istration;   in  him  and  in  your  council   is  lodged   the 
power  of  making  laws.     You  have  judges,  who  are  to 
decide  every  cause  affecting  your  lives,  liberty,  or  prop- 
erty.     Here  is,  indeed,  an  appearance  of  the  several 
powers  being  separated  and  distributed  into  different 


528 


Part  III. 


THE   GOVERNMENTAL   HISTORY   OF 


ORIGIN    AND    CAUSES    OF    THE    REVOLUTION. 


Quebec, 
17H, 


Address  of  hands,  for  checks,  one  upon  another;  the  only  effectual 
niaiTon-    i^^ode  cver  invented  by  the  wit  of  men  to  promote  their 
fhrLlTabi-^^'^^'^^"^  ^'^^^  prosperity.     But  scorning  to  be  deluded 
tants  of     by  a  tinselled  outside,  and  exerting  the  natural  sagaci- 
ty of  Frenchmen,  examine  the  specious  device,  and  you 
will  find   it,  to  use  an  expression  of  Holy  Writ,  'a 
whited  sepulchre '  for  burying  your  lives,  liberty,  and 
property." 

"Your  judges,  and  your  legislative  council,  as  it  is 
called,  are  dependent  on  your  governor,  and  he  is  de- 
pendent on  the  servant  of  the  crown  in  Great  Britain. 
The  minis-  The  legislative,  executive,  and  judging  powers  are  all 
er"nd^^^"i^ioved  by  the  nods  of  a  minister.     Privileges  and  im- 
sophistry,  munities  last  no  longer   than  his  smiles.     Wiien  he 

dangerous   «  . 

to  their  frowns,  their  feeble  forms  dissolve.  Such  a  treacherous 
1  erties.  ii^geuuity  has  been  exerted  in  drawing  up  the  code 
lately  offered  you,  that  every  sentence,  beginning  with 
a  benevolent  pretension,  concludes  with  a  destructive 
power;  and  the  substance  of  the  whole,  divested  of  its 
smooth  words,  is — that  the  crown  and  its  ministers 
shall  be  as  absolute  throughout  your  extended  province 
as  the  despots  of  Asia  or  Africa.  What  can  protect 
your  property  from  taxing  edicts,  and  the  rapacity  of 
necessitous  and  cruel  masters  ?  your  persons,  from 
Icttres  de  cachet,  jails,  dungeons,  and  oppressive  serv- 
ices ?  your  lives  and  general  liberty,  from  arbitrary 
and  unfeeling  rulers  ?  We  defy  you,  casting  your  view 
upon  every  side,  to  discover  a  single  circumstance, 
promising  from  any  quarter  the  faintest  hope  of  liberty 
to  you  or  your  posterity,  but  from  an  entire  adoption 
into  the  union  of  these  colonies. 

"What  advice  would  the  truly  great  man,  before 
mentioned,  that  advocate  of  freedom  and  humanity, 
give  you,  were  he  now  living,  and  knew  that  we,  your 
numerous  and  powerful  neighbors,  animated  by  a  just 
love  of  our  invaded  rights,  and  united  by  the  indisso- 
luble bonds  of  affection  and  interest,  called  upon  you, 
by  every  obligation  of  regard  for  yourselves  and  your 


Invited 
into  the 
colonial 
union. 


THE   UNITED   STATES   OF  AMERICA.  529 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

children,  as  we  now  do,  to  join  us  in  our  righteous  con- Address  of 
test,  to  make  common  cause  with  us  therein,  and  take^'?^,'^*^'"' 

'  _  '  mal  coii- 

a  noble  chance  for  emerging  from  a  humiliating  sub- gress  to  the 
jcction    under    governors,    intendants,    and    military  of^Q^g^°^^ 
tyrants,  into  the  firm  rank  and  condition  of  English  i'^'^"*- 
Freemen,  whose  custom  it  is,  derived  from  their  ances- 
tors, to  make   those  tremble  who   dare   to   think  of 
making  them  miserable  ? 

"Would  not  this  be  the  purport  of  his  address ? Supposed 
*  Seize  the  opportunity  presented  to  you  by  Providence  jfj^nt^es- 
itself.  You  have  been  conquered  into  liberty,  if  you  ^^'^^^  to 
act  as  you  ought.  This  work  is  not  of  man.  You  are 
a  small  people,  compared  to  those  who,  with  open  arms, 
invite  you  into  a  fellowship.  A  moment's  reflection 
should  convince  you  which  will  be  most  for  your  inter- 
est and  happiness,  to  have  all  the  rest  of  North  Amer- 
ica your  unalterable  friends,  or  your  inveterate  ene- 
mies. The  injuries  of  Boston  have  roused  and  asso- 
ciated every  colony  from  Nova  Scotia  to  Georgia. 
Your  province  is  the  only  link  wanting  to  complete 
the  bright  and  strong  chain  of  union.  Nature  has 
joined  your  country  to  theirs.  Do  you  join  your  po- 
litical interests.  For  their  own  sakes  they  never  will 
desert  or  betray  you.  Be  assured  that  the  happiness 
of  a  people  inevitably  depends  on  their  liberty,  and 
their  spirit  to  assert  it.  The  value  and  extent  of  the 
ac^antages  tendered  to  you  are  immense.  Heaven 
grant  you  may  not  discover  them  to  be  blessings  after 
they  have  bid  you  an  eternal  adieu.' 

"  We  are  too  well  acquainted  with  the  liberality  of  Difference 
sentiment  distinguishing  your  nation,  to  imagine  thatno'baiTkr 
difference   of    religion    will   preiudice   you   against   a*^*^^''' 

1  •  •  ,  ^T        ^  ■,  ■.  union. 

hearty  amity  witli  us.  You  know  that  the  transcend- 
ent nature  of  freedom  elevates  those  who  unite  in  her 
cause,  above  all  such  low-minded  infirmities.  The 
Swiss  Cantons  furnish  a  memorable  proof  of  this  truth. 
Their  union  is  composed  of  Roman  Catholic  and  Pro- 
testant States,  living  in  the  utmost  concord  and  peace 
34 


530  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.  origin  and  causes  op  the  revolution. 

Address  of  with  One  another,  and  thereby  enabled,  ever  since  they 
nkl Ton-  ttravely  vindicated  their  freedom,  to  defy  and  defeat 
gress  to  the  every  tyrant  that  has  invaded  them. 

inhabitants       /,  01        i  i  xi  i  ,  i, 

of  Quebec,        bhouid  there  be  any  among  you,  as  there  generally 
^'^'^■^-         are  in  all  societies,  who  prefer  the  favors  of  ministers 
of'their     ^^^^  their  own  private  interests,  to  the  welfare  of  their 
union  not  country,  the  temper  of  such  selfish  persons  will  render 
trusted,      them  incredibly  active  in  opposing  all  public-spirited 
measures,  from  an  expectation  of  being  well  rewarded 
for  their  sordid  industry,  by  their  superiors ;  but  we 
doubt  not  you  will  be  upon  your  guard  against  such 
men,  and  not  sacrifice  the  liberty  and  happiness  of  the 
whole  Canadian  people,  and  their  posterity,  to  gratify 
the  avarice  and  ambition  of  individuals. 
Notinvited     "We  do  not  ask  you,  by  this  address,  to  commence 
h*  ^mt  °^  ^^^^  ^^  hostility  against  the  government  of  our  common 
sovereign.     We  only  invite  you  to  consult  your  own 
glory  and  welfare,  and  not  to  suffer  yourselves  to  be 
inveigled  or  intimidated  by  infamous  ministers,  so  far 
as  to  become  the  instruments  of  their  cruelty  and  des- 
potism ;  but  to  unite  ivith  vs  in  one   Social   Compact, 
But  to       formed  on  the  g-enerotfs  principles  of  Equal  Liberty,  and 
ertT^        cemented  by  such  an  exchange  of  beneficial  and  en- 
dearing offices  as  to  render  it  perpetual.     In  order  to 
complete  this  highly  desirable  union,  we  submit  it  to 
your  consideration,  whether  it  may  not  be  expedient 
for  you  to  meet  together  in  your  several  towns  and 
districts,  and  elect  deputies,  who,  afterwards  meeting 
Invited  to  in  a  provincial  congress,  may  choose  delegates  to  rep- 
congress    resent  your  province  in  the  Continental  Congress,  to 
be  held  at  Philadelphia  on  the  tenth  day  of  May,  1775. 
In  this  present  congress,  beginning  on  the  fifth  of  the 
*Septem-  last  month,*  and  continued  to  this  day,t  it  has  been, 
^^l"'  with  universal   pleasure  and  an   unanimous  vote,  re- 

solved, that  we  would  consider  the  violation  of  your 
rights,  by  the  act  for  altering  the  government  of  your 
province,  as  a  violation  of  our  own,  and  that  you 
should   be  invited  to  accede    to   our    Confederation, 


THE   UNITED    STATES   OF  AMERICA.  531 

TUE    COMMERCIAL    SYSTEM    OF    TAXATION.  I'akT    III. 

which  has  no  other  objects  than  the  perfect  security  of  ^'^•''•cps  of 
the  natural  and  civil  rights  of  all  the  constituent  mem-  i,i;ii  con- 
bers,  according  to  their  respective  circumstances  ;  and?^!^^^\^^^^ 

'  °  ^  '  mliabitants 

the  jn-eservation  of  a  happy  and  lasting'  connection  with  of  Quebec, 
Great  Britain,  on  the  salutary  and  constitutional  prin- 
ciples  herein  before  mentioned.      For  effecting  these 
purposes  we  have  addressed  an  humble  and  loyal  peti- 
tion to  his  majesty,  praying  relief  of   our  and  your 
grievances ;  and  have  associated  to  stop  all  importa- 
tions from  Great  Britain  and  Ireland,  after  the  first  day 
of  December ;  and  all  exportations  to  those  kingdoms  Conclusion 
and  the  West  Indies  after  the  tenth  day  of  next  Sep- ^^j jj.ggg^ 
tember  ;*    unless  the   said   grievances   are  redressed.  *  1775. 
That  Almighty  God  may  incline  your  minds  to  approve 
our  equitable  and  necessary  measures,  to  add  your- 
selves to  us,  to  put  your  fate,  whenever  you  suffer  inju- 
ries which  you  are  determined  to  oppose,  not  on  the 
small  influence  of  your  single  province,  but  on  the 
consolidated  power  of  North  America ;  and  may  grant 
to  our  joint  exertions  an  event  as  happy  as  our  cause 
is  just,  is  the  fervent  prayer  of  us  your  sincere  and 
affectionate  friends  and  fellow  subjects. 

"  By  order  of  the  congress, 

"Henry  Middleton,  President.''^ \ 

On  the  twenty-second  of  October  the  following  reso-  Resolution 
lution  was  passed :    "  Resolved,  as  the  opinion  of  this  mondln"- 
congress,  that   it  will  be    necessary  that   a  congress  congress  in 
should  be  held  on  the  tenth  day  of  May  next,  unless    '^^' 
the  redress  of  grievances,  which  we  have  desired,  be 
obtained  before  that  time.     And  we  recommend  that 
the  same  be  held  at  the  city  of  Philadelphia,  and  that 
all  the  colonies  in  North  America,  choose  deputies,  as 
soon  as  possible,  to  attend  such  congress." 

Soon  after  the  adoption  of  this  resolution,  the  com- 
mittee appointed  to  prepare  a  letter  to  the  colonies  of 


\  The  Hon  Peyton  Randolph  was  taken  sick,  and  the  Hon.  Henry  Mid- 
dleton chosen  to  supply  his  place  as  president,  Oct.  22,  1774. 


532  THE   GOVERNMENTAL    HISTORY   OP 

Part  III.  origin  and  causes  of  the  revolution. 

St.  Johns,  Nova  Scotia,  etc.,  reported  a  draft,  which 
■was  read,  and  being  amended,  was  approved  and 
adopted  as  follows,  viz. : — 

Letter  to  "  Philadelphia^  October  22,  1774. 

the  coio-        "  Gentlemen :    The  present  critical  and  trulv  alarming 

nies  ot  St.  ^    »  •  a-  •        i        •        i  .  ,         -,  .      ° 

JohQs,  &c.  state  01  American  anairs,  having  been  considered  in  a 
general  congress  of  deputies  from  the  colonies  of  New 
Hampshire,  Massachusetts  Bay,  Rhode  Island,  Connec- 
ticut, New  York,  New  Jersey,  Pennsylvania,  the  lower 
counties  on  Delaware,  Maryland,  Virginia,  North  Car- 
olina, and  South  Carolina,  with  that  attention  and 
mature  deliberation  which  the  important  nature  of  the 
case  demands,  they  have  determined  for  themselves, 
and  the  colonies  they  represent,  on  the  measures  con- 
tained in  the  enclosed  papers  ;  which  measures  they 
recommend  to  your  colony  to  be  adopted,  with  all  the 
earnestness  that  a  well-directed  zeal  for  American  lib- 
erty can  prompt. 
Necessity  "  So  rapidly  violent  and  unjust  has  been  the  late  con- 
of  resist-    ^1^  ^  ^1     British  administration  against  the  colonies, 

ance  to  . 

British  ag-  that  either  a  base  and  slavish  submission,  under  the 
^^^       '    loss  of  their  ancient,  just,  and  constitutional  liberty, 
must  quickly  take  place,  or  an  adequate  opposition  be 
formed. 

"  We  pray  God  to  take  you  under  his  protection,  and 
to  preserve  '  the  freedom  and  happiness  of  the  whole 
British  Empire.     We  are,  &c., 

"  By  order  of  the  Congress, 

"  Henry  Middleton,  President.''^ 


Order  on  Qn  the  twcnty-fiftli  of  October,  the  congress  "  Ordered, 
dress  to  that  the  address  to  the  king  be  enclosed  to  the  several 
^^\  ^Yl^\    colony  agents,  in  order  that  the  same   may  be  by  them 

Oct.  1774.  J      b  1  1 

presented  to  his  majesty  ;  and  that  the   agents  be  re- 
quested to  call  in  the  aid  of  such  noblemen  and  gen- 
tlemen as  are  esteemed  firm  friends  to  American  lib- 
Committee     , 

to  prepare  ^^  v  • 

letter.  "  ORDERED,  that  Mr.  Lcc  and  Mr.  Jay  be  a  committee 


THE   UNITED   STATES   OF   AMERICA.  533 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaUT    III. 


to  prepare  a  letter  to  the  agents  of  the  several  colo-  The  colo- 
nial Con- 
nies, gress, 

"  Ordered,  that  this  congress,  in  their  own  names,  i'^'^'*- 

and  in  behalf  of  all  those  whom   they  represent,  do 

present  their  most  grateful  acknowledgments  to  those ,, 

1111  1  •  •  -1  ^^^^  °^ 

truly  noble,  honorable,  and  patriotic  advocates  of  civu  thanks  to 

and  religious  liberty,  who  have  so  generously  and  pow-  of^^^J^e"}/ 

erfully,  though  unsuccessfully,  espoused  and  defended  ca  in  Eug- 

the  cause  of  America  both  in  and  out  of  parliament. 

^^  October,  26th,  1774.     The  committee  appointed  toEeport  of 

prepare    a   letter   addressed  to  the  agents,  reported  a  ^jf^^gg'"' 

draft,  which  was  read,  and  being  debated  by  paragraphs, 

was  approved,  and  adopted  as  follows,  viz. : 

^''Wednesday,  October  26,  1774. 

"  Gentlemen  :  We  give  you  the  strongest  proof  of  Letter  to 
our  reliance  on  your  zeal  and  attachment  to  the  happi-^^^^^^g^"^ 
ness  of  America,  and  the  cause  of  liberty,  when  we 
commit  the  enclosed  papers  to  your  care. 

"  We  desire  that  you  will  deliver  the  petition  into  the  The  peti- 
hands  of  his  majesty,  and  after  it  has  been  presented,  ^^„  ^    ® 
we  wish  it  may  be  made  public,  through  the  press,  to- 
gether with  the  list  of  grievances,  and  as  we  hope  for 
great  assistance  from  the  spirit,  virtue,  and  justice  of 
the  nation,  it  is  our  earnest  desire  that  the  most  effectual 
care  be  taken,  as  early  as  possible,  to  furnish  the  trad- 
ing  cities    and   manufacturing  towns,  throughout  the'^^®.™^- 
united  kingdom,  with  our  memorial  to  the  people  of  the  people. 
Great  Britain. 

"  We  doubt  not  but  your  good  sense  and  discernment 
will  lead  you  to  avail  yourselves  of  every  assistance 
that  may  be  derived  from  the  advice  and  friendship  of 
all  great  and  good  men,  who  may  incline  to  aid  the 
cause  of  liberty  and  mankind. 

"The  gratitude  of  America,  expressed   in  the  en- to  deliver 
closed  vote   of  thanks,  we  desire  may  be  conveved  to  *^^  ^P^^  ^^ 

.  "  thanks. 

the  deserving  objects  of  it  m  the  manner  that  you  think 
will  be  most  acceptable  to  them. 


534 


THE   GOVERNMENTAL   HISTORY   OP 


Part  III. 


ORIGIN    AND    CAUSES    OF    THE    REVOLUTION. 


The  colo- 
nial cou- 
gress, 
1774. 


Urged  to 
transmit 
intelli- 
gence. 


"  It  is  proposed  that  another  congress  be  held  on  the 
tenth  of  May  next,  at  this  place,  but,  in  the  mean  time, 
we  beg  the  favor  of  you,  gentlemen,  to  transmit  to  the 
speakers  of  the  several  assemblies,  the  earliest  informa- 
tion of  the  most  authentic  accounts  you  can  collect  of 
all  such  conduct  and  designs  of  ministry,  or  parlia- 
ment, as  it  may  concern  America  to  know. 

"  We  are,  with  unfeigned  esteem  and  regard,  gen- 
tlemen,    By  order  and  in  behalf  of  the  Congress, 

Henry  Middleton,  Pres't. 


American       "  To  Paul  Weiitworth,  agent  for  New  Hampshire; 
agents  in    j)^,  Bcniamin  Franklin,  William  Bollen,  Dr.  Arthur  Lee, 

London.  ''  '  '  ' 

agents  for  Massachusetts  Bay  ;  Edmund  Burke,  agent 
for  New  York;  Thomas  Life,  agent  for  Connecticut; 
and  Charles  Garth,  Esq.,  agent  for  South  Carolina." 
There  were  no  agents  there  for  the  other  colonies. 


Vote  of 
thanks  to 
the  house 
of  repre- 
sentatives 
in  Pennsyl- 
vania. 


Adjourn- 
ment of 
the  con- 
gress. 


Capt. 

Mackenzie 
to  Wash- 
ington, 


The  session  closed  with  a  vote  of  thanks  "  to  the 
honorable  the  house  of  representatives  of  the  colony 
of  Pennsylvania,  for  their  politeness  to  this  con- 
gress ;  and  that  the  delegates  for  this  colony  be  a  com- 
mittee to  communicate  this  resolution  to  the  said  hon- 
orable house."  Their  proceedings  were  made  pub- 
lic after  their  adjournment,  and  freely  circulated,  and 
received  thrbughout  the  colonies  with  grateful  appro- 
bation. 

While  the  congress  was  in  session,  Capt.  Robert 
Mackenzie,  an  officer  in  the  Britisli  Army  at  Boston, 
addressed  George  Washington,  then  a  member,  as  fol- 
lows, viz.  : 

''Boston,  Sept.  ISth,  1774. — Mr.  Atcheson  can  suffi- 
ciently inform  you  of  the  state  of  this  unhappy  pra- 
vince,  of  their  tyrannical  oppression  over  one  another, 
of  their  fixed  aim  at  total  independence,  of  the  weakness 
and  temper  of  the  mainsprings  that  set  the  whole  in 
motion,  and  how  necessary  it  is,  that  abler  heads  and 
better  hearts  should  draw  a  line,  for  their  guidance. 
Even  when  this  is  done,  it  is  much  to  be  feared,  that 


THE  UNITED   STATES  OP  AMERICA.  635 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

tlicy  will  follow  it  uo  further  than  it  coincides  with  their 
sentiments. 

"Amidst  all  these  jarrings  we  have  until  lately  lived 
in  a  camp  of  pleasure,  but  the  rebellious  and  numer- 
ous meetings  of  men  in  arms,  their  scandalous  and  un- 
generous attacks  upon  the  best  characters  in  the  prov- 
ince, obliging  them  to  save  themselves  by  flight,  and 
their  repeated  but  feeble  threats  to  dispossess  the  troops, 
have  furnished  sufficient  reasons  to  General  Gage  to 
put  the  town  in  a  formidable  state  of  defence,  about 
which  we  are  now  fully  employed  and  which  will  be 
accomplished  to  their  great  mortification." 

To  this  letter  Washington  replied,  vindicating  Massa- 
chusetts and  the  colonies  in  the  following  dignified  and 
caustic  manner : 

^'Philadelphia,  Oct.  9,  1774. 
"  Dear  Sir  : 

"  Your  letter  of  the  13th  ultimo,  from  Boston,  gave  ^^^gj^j^g. 
me  pleasure,  as  I  learnt  thereby,  that  you  were  well,  ton  in  reply 

T  .     ,         1  1        .      -»r  J     -tr  •  to  Gapt. 

and  might  be  expected  at  Mount  Vernon  ni  your  way  Macken- 
to  or  from  James'  river,  in  the  course  of  the  winter,      ^^^i  l*^"^*' 

"  When  I  have  said  this,  permit  me  with  the  freedom 
of  a  friend  (for  you  know  I  always  esteemed  you)  to 
express  my  sorrow,  that  fortune  should  place  you  in  a 
service  that  must  fix  curses  to  the  latest  posterity  upon 
the  contrivers,  and,  if  success  (which,  by  the  by,  is 
impossible)  accompanies  it,  execrations  upon  all  those 
who  have  been  instrumental  in  the  execution. 

"I  do  not  mean  by  this  to  insinuate,  that  an  officer p^g.^.^^^ 
is  not  to   discharge   his  duty,  even  when  chance,  not  of  Mass. 
choice,  has  placed  him  in  a  disagreeable  situation  ;  but   ^^' 
I  confess,  when  you  condemn  the  conduct  of  the  Mas- 
sachusetts people,  you  reason  from  effects,  not  causes  : 
otherwise  you  would  not  wonder  at  a  people,  who  are 
every  day  receiving  fresh  proofs  of  a  systematic  asser- 
tion of  an    arbitrary  power,  deeply  planned   to  over- 
throw the  laws  and  constitution  of  their  country,  and  to 
violate  the  most  essential  and  valuable  rights  of  man- 


536  THE  GOVERNMENTAL   HISTORY   OF 

Part  III.  origin  and  causes  of  the  revolution. 

Wasiiing-   kind,  being  irritated  and  with  difficulty  restrained  from 
ton  111  re-   a^ts  of  the  greatest  violence  and  intemperance.     For 
Captain      my  own  part,  I  confess  to  you  candidly,  that  I  view 
^e^Oc°"     t^ii^gs  in  a  very  different  point  of  light  from  the  one  in 
1774.         which  you  seem  to  consider  them  ;  and  though  you  are 
led  to  believe  by  venal  men — for  such  I  must  take  the 
liberty  of  calling  those  new-fangled  counsellors,  who 
fly  to  and  surround  you,  and  all  others,  who,  for  honors 
or  pecuniary  gratifications,  will  lend  their  aid  to  over- 
throw the  constitution,  and  introduce  a  system  of  arbi- 
trary government — although  you  are  taught,  I  say,  by 
discoursing  with  such  men,  to  believe,  that  the  people 
of  Massachusetts   are   rebellious  ;  setting  up  for  inde- 
Defenceof  pendency,  and  what  not,  give  me  leave,  my  good  friend, 

Mass.  Bay 

to  tell  you,  that  you  are  abused,  grossly  abused. 

"This  I  advance  with  a  degree  of  confidence  and 
boldness  which  may  claim  your  belief,  having  better 
opportunities  of  knowing  the  real  sentiments  of  the 
people  you  are  among,  from  the  leaders  of  them,  in 
opposition  to  the  present  measures  of  the  administra- 
tion, than  you  have  from  those  whose  business  it  is,  not 
to  disclose  truths,  but  to  misrepresent  facts  in  order  to 
justify,  as  much  as  possible,  to  the  world,  their  own 
conduct.     Give  me  leave  to  add,  and  I  think  I  can 
The  colo-    announce  it  as  a  fact,  that  it  is  not  the  ivish  or  interest 
niesnot     ^j-  ^j^^f^  government^  or  any  other  upon  this  continent,  sep- 
independ-  arately  or  collectively ,  to  set  up  for  independence.     But 
ence.         ^|^-g  ^^^^  ^^^^  ^^  ^j^^  same  time  rely  upon,  that  none  of 

them  will  ever  submit  to  the  loss  of  those  valuable 
rights  and  privileges,  which  are  essential  to  the  happi- 
ness of  every  free  state,  and  without  which  life,  liberty, 
and  property,  are  rendered  totally  insecure. 

"  These,  sir,  being  certain  consequences,  which  must 
naturally  result  from  the  late  acts  of  parliament  rela- 
tive to  America  in  general,  and  the  goverment  of  Mas- 
sachusetts Bay  in  particular ;  is  it  to  be  wondered  at,  I 
repeat,  that  men,  who  wish  to  avert  the  impending 
blow,  should  attempt  to  oppose  it  in  its  progress,  or 


THE   UNITED    STATES  OF   AMERICA.  637 

TIIK    COMMKROIAL    SYSTKM    OF    TAXATION.  PaUT    III. 

prepare   for  their  defence,  if   it  cannot  be  averted  ?  Washing- 
feurely  i  may  be  allowed  to  answer  in  the  negative  ;  piy  to 
and  again  give  me  leave  to  add  as  my  opinion,  that  j^'^P^:      '^ 
more  blood  will  be  spilled  on  this  occasion,  if  the  min-Oct.  1774. 
istry  are  determined  to  push  matters  to  extremity,  than 
history  has    ever   yet   furnished   instances  of   in  the 
annals  of  North  America,  and  such  a  vital  wound  will 
be  given  to  the  peace  of  the  country,  as  time  itself 
cannot  cure,  or  eradicate  the  remembrance  of. 

"  But  I  have  done.     I  was  involuntarily  led  into  a  General 
short  discussion  of  the  subject  by  your  remarks  on  the  of°h™peo- 
conduct  of  the   Boston  people,  and  your  opinion  of  pie. 
their  wishes  to  set  up  for  independency.     I  am  well 
satisfied,  that  no  such  thing  is  desired  by  any  thinking 
man  in  all  North  America;  on  the  contrary,  that  it  is 
the  ardent  wish  of  the  warmest  advocates  for  liberty, 
that  peace  and  tranquillity,  upon  constitutional  grounds, 
may  be  restored,  and  the  horrors  of  civil  discord  pre-  *  Spark's 
vented.  "  I  remain,  dear  sir,  of  WaS- 

"  your  most  obedient  serv't,  ington, 

"George  Washington."* 


As  Washington  was  at  this  time  in  attendance  in  indepen- 
congress,  and  in  daily  intimacy  and  consultation  with  desired  by 
its  members,  this  letter  may  be  taken  as  an  expression  t\'e  colo- 
of  the  sentiments  which  prevailed  throughout  the  colo- 
nies.    It  is  evident  that  the  idea  of  independence  was 
neither  premeditated,  anticipated,  or  desired   at  this 
date.     As  a  further  illustration  of  the  position  and  sen- 
timents of  the  nation,  I  introduce  here  the  following 
copy  of  a  letter  from  the  Hon.   John  Dickinson  of 
Pennsylvania,  to  Dr.  Arthur  Lee,  the  agent  of  the  col- 
ony of  Massachusetts  Bay  in  England.     Mr.  Dickinson 
wrote  as  follows,  viz. : — 

"  Philadelphia^  October  27,  1774. 

"  Dear  Sir.  Yesterday  the  congress  broke  up. 
You  will  immediately  know  their  proceedings  fiK)m 
publications. 


638 


THE   GOVERNMENTAL    HISTORY  OP 


Part  III. 


ORIGIN    AND    CAUSES    OF    THE    REVOLUTION. 


Letter  of 
Hon.  John 
Dickinson, 
of  Pa.,  to 
Dr.  Arthur 
Lee,  in 
London, 
1774. 

Position  of 
the  colo- 
nists. 

Their  una- 
nimity and 
determina- 
tion. 


Ministry- 
must  not 
be  sus- 
tained. 


The  crisis 
appre- 
hended. 


"  The  colonists  have  now  taken  such  grounds  that 
Great  Britain  must  relax,  or  inevitably  involve  herself 
in  a  civil  war,  likely  in  all  human  probability  to  over- 
whelm her  with  a  weight  of  calamities,  in  comparison 
of  which,  the  contentions  between  the  houses  of  York 
and  Lancaster^  or  the  distractions  of  the  last  century, 
were  gentle  misfortunes. 

"  A  determined  and  unanimous  resolution  animates 
this  continent,  firmly  and  faithfully  to  support  the  com- 
mon cause  to  the  utmost  extremity,  in  this  great  strug- 
gle for  the  blessing  of  liberty — a  blessing  that  can 
alone  render  life  worth  holding. 

"  I  grieve  for  the  fate  of  a  brave  and  generous  nation, 
plunged  by  a  few  profligate  men  into  such  scenes  of 
unmerited  and  inglorious  distress.  Let  her  rouse  her 
noble  spirit,  be  true  to  herself,  and  she  cannot  fail  of 
being  true  to  us.  Let  her  not  so  far  adopt  the 
schemes  of  base  yet  visionary  men  and  knaves,  that 
she  may  tliink  her  dignity  concerned  to  maintain  the 
projects  of  those  whom  her  justice  commands  her  to 
punish. 

"  Give  up  the  Butes,  Mansjields,  Norths,  Bernards, 
and  Hutchinsons,  whose  falsehoods  and  misrepresenta- 
tions have  inflamed  the  people :  Call  not  their  cause 
the  cause  of  Great  Britain :  Throw  all  errors  and 
occasions  of  dissatisfactions  on  their  guilty  heads.  A 
new  ministry  of  such  a  character  that  England  and 
America  both  can  trust,  may  do  great  things;  espe- 
cially if  a  considerable  change  be  made  at  the  next 
general  election.  Why  should  nations  meet  with  hos- 
tile eyes  because  villains  and  idiots  have  acted  like 
villains  and  idiots. 

"  I  wish  for  peace  ardently,  but  must  say,  delightful 
as  it  is,  it  will  come  mpre  grateful  as  being  unexpected. 
The  first  act  of  violence,  on  the  part  of  administration, 
in  America,  or  the  attempt  to  reinforce  General  Gage 
this  winter,  or  next  year,  will  put  the  whole  continent 
in  arms  from  Nova  Scotia  to  Georgia.     May  God,  of 


THE   UNITED    STATES   OP   AMERICA.  639 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  ParT    III. 

his  infinite  mercy,  grant  a  happy  event  to  these  afflict- 
ing agitations.  Your  friend, 

'-John  Dickinson." 

"  P.  S.  It  is  suspected  here  that  a  design  is  regu- 
larly prosecuted  by  the  ministry,  to  make  his  majesty 
dethrone  himself,  by  the  calamities  and  convulsions  his 
reign  is  likely  to  bring  on  his  whole  people.  Please  to 
inform  me  what  is  thought  on  this  point  in  England." 


While  such  was  the  posture  of  affairs  in  America,  Posture  of 
the  proceedings  which  were  going  on  in  Great  Britain  ^*^*""^  ^^^ 
were  equally  interesting  and  important.     At  a  meeting  ings  in 
of  the  Society  of  the  Supporters  of  the  Bill  of  Rights yj'^°^^' 
held  in  London  tavern,*  the  right  honorable  the  lord  1775. 
mayor  of  .the  city  of  London,  in  the  chair,  it  was — 
"  Resolved  unanimously,  that  the  liberties,  franchises, 
and  chartered  rights  of  our  fellow-subjects  in  America 
are  so  nearly  connected  with  those  of  Great  Britain 
that  the  subversion  of  either  must  prove  equally  fatal 
to  both. 

"  Resolved,  unanimously,  that  it  be  earnestly  recom- 
mended to  such  members  of  this  society  who  have  seats 
in  parliament,  to  exert  themselves  in  bringing  to  the 
justice  of  their  country,  the  advisers  of  measures  for 
establishing  arbitrary  government  over  our  affectionate 
fellow-subjects  in  America,  by  taxing  them  without 
their  consent,  refusing  them  a  trial  by  jury,  establish- 
ing- popery,  and  taking  from  them  the  right  of  the 
habeas  corpus  act,  and  to  obtain  for  that  much  injured 
people  a  full  redress  of  grievances. 

"  By  order  of  the  Society, 

"John  Wilkes,  CJiairmany 

The  merchants  also  of  London  and  of  Bristol,  the 
manufacturers  of  Manchester,  Sheffield,  and  Birming- 
ham, and  the  traders  and  planters  of  the  West  Lidies, 
all  felt  the  disastrous  effects  of  the  suspension  pf  their 
trade  with  the  colonies,  while  thousands  of  the  people 
wore  thrown  out  of  employment,  and  deprived  even  of 


540 


THE   GOVERNMENTAL    HISTORY   OF 


Part  III. 


ORIGIN    AND    CAUSES    OF    THE    REVOLUTION. 


Proceed- 
ings in 
parlia- 
ment, Jan 
uary,  1775 

*  1  Amer- 
ican Ar- 
chives, 
1145. 


*  Burke. 
Lord  Chat- 
ham's mo- 
tion to  re- 
call the 
troops 
from  Bos- 
ton. 

House  of 
Lords,  Jan- 
uary, 1775. 


the  means  of  subsistence.  Parliament  was  now  flooded 
with  petitions  from  these  several  sources,  praying  them 
•  to  adopt  such  measures  as  should  have  a  tendency  to 
'  re-open  the  commercial  intercourse  between  the  two 
countries,  and  thus  avert  the  ruin  and  misery  which 
threatened  to  overwhelm  them.*  The  address  of  the 
American  congress  to  the  king  had  been  transmitted 
and  presented  to  him,  but  regarding  them  as  an  illegal 
body,  he  refused  to  receive  it,  and  referred  it  to  parlia- 
ment. Parliament  also  refused,  for  the  same  reason, 
to  give  it  their  attention. 

It  was  but  reasonable  to  suppose,  that  coming  before 
the  crown,  or  into  the  councils  of  the  nation,  as  it  did, 
with  such  an  array  of  popular  sentiment  in  favor  of  the 
position  taken  by  the  colonies,  the  petition  of  so  respect- 
able a  body  so  fully  empowered,  as  the  colonial  con- 
gress, would  have  received  some  consideration.  But  it 
was  rejected,  and  the  petitions  of  her  own  subjects  at 
home  were  scarcely  regarded,  by  men  claiming  to  be  the 
servants  of  the  state,  but  "  who  had  never  looked  at 
the  whole  of  the  complicated  interests  of  the  kingdom 
in  one  connected  view :  who  had  taken  things  by  bits 
and  scraps,  just  as  they  pressed,  without  regard  to  their 
relations  and  dependencies :  who  never  had  any  sys- 
tem, right  or  wrong,  but  only  occasionally  invented  some 
miserable  tale  of  the  day,  in  order  meanly  to  sneak  out 
of  difficulties  into  which  they  had  proudly  strutted."* 

The  cause  of  America  found  an  able  and  eloquent 
champion  in  Lord  Chatham.  Lord  Dartmouth,  now 
secretary  of  state  for  the  American  department,  had 
submitted  sundry  documents  to  the  house  of  lords, 
among  which,  undistinguished  by  any  particular  refer- 
ence, was  the  petition  of  the  congress  to  the  king. 
Lord  Chatham  thereupon  moved  an  address  to  the 
king  to  recall  his  majesty's  troops  from  Boston. 
"  When  your  lordships,"  he  said,  "  look  at  the  papers 
transmitted  us  from  America,  when  you  consider  their 
decency,  firmness,  and  wisdom,  you  cannot  but  respect 


THE   UNITED    STATES   OP   AMERICA.  541 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

their  cause  and  wish  to  make  it  your  own  ;  for  myself,  Proceed- 
I  must  declare  and  avow  that,  in  all  my  reading  and  uamcut, 
observations,  and  it  has   been   my  favorite   study — I  j^o'jfc  of 
have  read  Thucidydes,  and  have  studied  and  admired  Jau,  1115. 
the  master  states  of  the  world — that  for  solidity  of 
reasoning,  force  of  sagacity,  and  wisdom  of  conclusion, 
under  such  a  complication  of  difficult  circumstances, 
no  nation  or  body  of  men  can  stand  in  preference  to 
the  general  congress  at  Philadelphia.     1  trust  it  is  obvi- 
ous to  your  lordships,  that  all  attempts  to  impose  servi- 
tude on  such  men,  to  establish  despotism  over  such  a 
mighty  continental  nation,  must  be  vain,  must  be  futile. 
We  shall  be  forced  ultimately  to  retract,  let  us  retract 
whilst  we   can,  not  when  we  must.     I  say  we  must  Lord  Chat- 
necessarily  undo  these  violent    and    oppressive  acts ;  |,'''^"^  fj^ 
theij  must  be  repealed,  you  will  repeal  them.     I  pledge  his  motioa 
myself  for  it,  that  you  will  in  the  end  repeal  them.     I  thJ^troops 
stake  my  reputation  on  it.     I  will  consent  to  be  taken  f'0"i  J^os- 
for  an  idiot  if  they  are  not  finally  repealed.     Avoid 
then  this  humiliating,  disgraceful  necessity,  with  a  dig- 
nity becoming  your  exalted  situation ;  make  the  first 
advances  to  concord,  to  peace  and  happiness ;  for  that 
is  your  true  dignity,  to  act  with  prudence  and  with 
justice.     That  you  should  first  concede  is  obvious  from 
sound  and  rational  policy.     Concession  comes  with  bet- 0^^^^^,^;^^ 
ter  grace,  and  more  salutary  effect,  from  the  superior  "ecessary 
power.     It  reconciles  superiority  of   power  with  the 
feelings  of  men,  and  establishes  solid  confidence  in  the 
foundation  of  affection  and  gratitude." 

"  The  Americans,  sore  under  injuries  and  irritated  by  " 
wrongs,  stripped  of  their  inborn  rights  and  dearest 
privileges,  have  resisted  oppression,  and  entered  into 
confederacies  to  preserve  their  common  liberties.  Un- 
der this  idea,  the  colonists  have  appointed  men  compe- 
tent to  so  great  an  undertaking,  to  consider  and  devise 
the  most  effectual  means  for  maintaining  so  inestima- 
ble a  blessing.  Invested  with  this  right  by  tlie  choice 
of  a  free  people,  these  delegates  have  deliberated  with 


542  THE   GOVERNMENTAL   HISTORY   OP 

Part  III.  origin  and  causes  of  the   revolution. 

Proceed-  prudence,  with  wisdom,  and  with  spirit ;  and,  in  conse- 
liamenf '^^  qviencc  of  thesc  deliberations,  have  addressed  the  jus- 
Honse  of  tice  and  the  honor  of  their  country.  This  is  their  fault, 
Jan.  1115.  i^^^^  is  their  crime ;  they  have  petitioned  for  that  without 
luhich  a  free  people  cannot  possibly  exist.  Much  has 
Lord  Chat-  been  said  of  late  about  the  authority  of  parliament, 
speech  on  ^^^  acts  are  held  up  as  sacred  edicts,  demanding  im- 
his  motion  pUcit  submission,  because,  if  the  supreme  power  does 
draw  the  not  lodge  somewlicrc  operatively  and  effectively,  there 
troops  must  be  an  end  to  all  legislation.  But  they  who  thus 
ton.  argue,  or  rather  dogmatise,  do  not  see  the  whole  of 

this  question  on  great,  wise,  and  liberal  grounds.     In 
every  free  state  the  constitution  is  fixed,  and  all  legis- 
lative power  and  authority,  wheresoever  placed,  either 
in  collective  bodies  or  individuals,  must  be  derived 
under   the   established    polity   from   which    they   are 
framed.     Therefore,  however  strong  and  effective  acts 
of  legislation  may  be,  when  they  are  formed  in  the 
Their  cause  spirit  of  this  Constitution,  yet  when  they  resist  its  prin- 
^^T  ^  nTtt  ciples,  or  counteract  its  provisions,  they  attack  their 
tutionai      own  foundation  ;  for  it  is  the  constitution,  and  the  con- 
"^   ^'       stitution  only,  which    limits  both  sovereignty  and  alle- 
giance.    This  doctrine  is  no  temporary  doctrine,  taken 
up  on  particular  occasions,  to  answer  particular  pur- 
poses ;  it  is  involved  in  no  metaphysical  doubts  and 
intricacies ;  but  clear,  precise,  and  determinate ;  it  is 
recorded  in  all  our  law  books  ;  it  is  written  in  the  great 
volume  of  nature ;  it  is  the  essential  and  unalterable 
right  of  Englishmen,  and   accords  with  all  the  princi- 
ples of  justice  and  civil  policy,  which  neither  armed 
force  on  the  one  side,  nor  submission  upon  the  other, 
can,  upon  any  occasion,  eradicate.     Dreadful  will  be  the 
Proceed-    effects  of  cocrcive  measures.     Government  has  sent  an 
"^^dnst      armed  force  of  above  seventeen  thousand  men  to  dra- 
Boston,     goon  the  Bostonians  into  what  is  call  their  duty.     Min- 
isters, so  far  from  turning  their  eyes  to  the  impolicy 
and  dreadful   consequences  of  this  scheme,   are  con- 
stantly sending  out  more  troops,  and  declaring,  in  the 


THE   UNITED    STATES   OF   AMERICA.  543 

THE    COMMKKCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

language  of  menace,  that  if  seventeen  thousand  men  Procced- 
cannot,  fifty  thousand  shall  enforce  obedience.     So  pow-  jlJi'^i^eiit^^'^' 
crful  an   army  may  ravage   the   country,  and  waste  Ho'ise 
and  destroy  as  they  march ;  but  in  the  progress  of  sev- j^m.  1775. 
enteen  hundred  miles  can  they  occupy  the  places  that 
they  have  passed  ?     Will  not  a  country,  which  can  pro- 
duce three  millions  of  people,  wronged  and  insulted  as 
they  are,  start  up  like  hydras  in  every  corner,  and 
gather  fresh  strength  from  fresh  opposition  ?     If  the  Lord  Chat- 
ministers  thus  persevere  in  misadvising  and  misleading  gp^ch  on 
the  king,  I  will  not  say  that  they  can  alienate  the  aflec-  ^'s  motion 
tions  of  his  subjects  from  his  crown,  but  I  will  affirm,  that  the  troops 
they  will  make  the  crown  not  worth  his  wearing.     I  ^^^^  ^^^' 
will  not  say  that  the  king  is  betrayed,  but  I  will  pro- 
nounce that  the  kingdom  is  undone.     I  have  crawled  to 
tell  you  my  opinion.     I  think  it  my  duty  to  give  the 
whole  of  my  experience  and  counsel  to  my  country  at 
all  times,  but  more  particularly  when  it  so  much  needs 
political  guidance.     Having  thus  entered  on  the  thresh- 
old of  this  business,  I  will  knock  at  your  gates  for 
justice,  and  never  stop,  unless  infirmities  should  nail 
me  to  my  bed,  until  I  have  at  least  employed  every 
means  in  my  power  to  heal  those  unhappy  divisions. 
Every  motive  of  equity  and  of  policy,  of  dignity  and 
of  prudence,  urges  you  to  allay  the  ferment  in  Amer- 
ica, by  the  removal  of  your  troops  from  Boston ;  by  a 
repeal  of  your  acts  of  parliament,  and  a  demonstration 
of  amicable  dispositions  towards  your  colonies." 

Notwithstanding  it  was  accompanied  with  such  an 
able  and  cogent  argument  in  favor  of  the  measures  it 
proposed,  the  motion  was  rejected  by  a  large  majority, 
and  the  ministerial  party  avowed  their  determination 
to  enforce  obedience  by  arms.  But  Lord  Chatham  still 
persevered  in  recommending  pacific  and  conciliatory 
measures.  He  now  moved  "That  an  humble  address  Motion  for 
be  presented  to  his  majesty,  most  humbly  to  advise  and^"thekin^. 
beseech  his  majesty,  that  in  order  to  open  the  way 
towards  a  happy  settlement  of  the  dangerous  troubles 


544  THE   GOVERNMENTAL    HISTORY   OP 

Part  III.  origin  and  causes  of  the  betolution. 

Proceed-  ill  America,  by  beginning  to  allay  ferments,  and  soften 
liameu/"^"^'  ^iiiniosities  there  ;  and,  above  all,  for  preventing  in  the 
House  of    meantime,  any  sudden  and  fatal  catastrophe  at  Boston,. 

Lords,  rv     •  -.  ,         ,.,...  ^ 

Jan.  1775.  now  suflering  under  the   daily  irritation  of  an  army 
before  their  eyes,  posted  in  their  town  ;  it  may  gra- 
ciously please  his  majesty  that  immediate  orders  may 
be  dispatched  to  General  Gage  for  removing  his  maj- 
esty's forces  from  the  town  of  Boston,  as  soon  as  the 
rigour  of  the  season,  and  other  circumstances  indis- 
pensable to  the  safety  and  accommodation  of  the  said 
troops,  may  render  the  same  practicable."     This  mo- 
tion was  defeated.     He  subsequently  introduced  a  bill 
Provision-  entitled  "A  provisional  act  for  settling  the  troubles  in 
concilia-     America,    and    for   asserting   the    svipreme   legislative 
tion,  pro-    authority  and  superintending  power  of  Great  Britain 

posed  by  ,,.,,,.. 

Lord  Chat-  over  the  colonies,  — wherein  it  was  proposed — to  repeal 
ham.  g^u  ^Y\Q  obnoxious  acts  of  parliament,  relative  to  Amer- 

ica,— to  restrain  the  powers  of  the  courts  of  admiralty 
within  their  former  limits — to  re-establish  the  right  of 
trial  by  jury  in  such  cases  where  it  had  been  abolished 
— and  that  the  judges  should  hold  their  offices  and 
receive  their  compensation  during  good  behaviour.     In 
a  word,  it  conceded  generally  the  rights  and  immu- 
nities claimed  by  the  colonies,  while  it  insisted  on  the 
supremacy  of  the  mother  country.     The  measure  was 
violently  opposed  and  rejected. 
House  of        On  the  same  day  Lord  North  presented  to  the  House 
of  Commons,  by  his  majesty's  command,  sundry  papers 
relating  to  and  embodying  proceedings  in  various  prov- 
inces of  the  American  colonies,  received  from  General 
Gage,  as  late  as  the  fourth  of  January,  1775.     On  the 
second  day  of  February  the  house  resolved  itself  into  a 
committee  of  the  whole    "to  consider  further  of  the 
tii^^^^^  several  papers,  so  submitted;"    whereupon  Lord 
moves  an    North,  after  a  few  prefatory  remarks,  moved  an  address 
^'l'I!n^^ '^^' to  the  king,  declaring  Massachusetts  Bay  to  bo  "in  a 

clarinj;^  o'  ^  •' 

Mass.  Bay  gtatc  of  actual  rebellion  against  the  authority  of  the 
lion.  supreme  legislature,  countenanced  and  encouraged  by 


THE  UNITED   STATES    OF  AMERICA.  545 


TUE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

unlawful  combinations  and  engagements,  entered  into  Procccd- 
by  his  majesty's  subjects  in  several  of  the  other  colo- n!,"^ "j*/'*'^" 
iiies,  to  the    injury  and  oppression  of  many  of  their  lf""'''«  of 
innocent  fellow-subjects  resident  witliin  the  kingdom  of  Feb.,  1775. 
Great  Britain,  and  the  rest  of  his  majesty's  dominions," 
&c. 

In  the  course  of  the  debate  which  followed  this  mo- 
tion, which  was  continued  for  several  days,  the  iVmeri- 
cans  generally  were  called  rebels,  and   the  dominant  ThcAmeri- 
ministerial  party  boldly  contended  that  by  commencing  matized^as 
effective  military  operations  in  Massachusetts  Bay  the  rebels. 
other  colonies  would  at  once  yield  to  the  power  of  par- 
liament. 

Tlie  motion   finally  prevailed,  and   an    address  was  Lord  ^ 
prepared,  and  presented  by  a  committee  composed  of  motioa 
members  from  both  houses,  to  the  king,  as  follows :         earned. 
"  Most  Gracious  Sovereign  : 

"We,  your  majesty's  most  dutiful  and  loj^al  subjects.  Address  to 
the  Lords  spiritual  and  temporal,  and  Commons,  in  par-p^ij  '1775. 
liament  assembled,  return  your  majesty  our  most  hum- 
ble thanks  for  having  been  graciously  pleased  to  com- 
municate to  us  the  several  papers  relating  to  the  pres- 
ent state  of  the  British  colonies  in  America,  which,  by 
your  majesty's  commands  have  been  laid  before  us. 

"  We  have  taken  them  into  our  most  serious  consid- 
eration, and  we  find  that  a  part  of  your  majesty's  sub- 
jects, in  the  province  of  the  Massachusetts  Bay^  have  Massachu- 
proceeded  so  far  to  resist  the  authority  of  the  supreme  ^f  "f  ^^J^ 

^  .  declared  to 

legislature  that  a  rebellion  at  this  time  actually  exists  be  in  rebel- 
within  the  said  province :  And  we  see,  Avith  the  utmost  ^*^°* 
concern,  that  they  have  been  countenanced  and  encour- 
aged by  unlawful  combinations  and  engagements  en- 
tered into  by  your  majesty's  subjects  in  several  of  the 
other  colonies  to  the  injury  and  oppression  of  many  of 
their  innocent  fellow-subjects,  resident  within  the  king- 
dom of  Great  Britain,  and  the  rest  of  your  majesty's 
dominions.  This  conduct,  on  tlioir  part,  appears  to  us 
the  more  inexcusable  when  we  consider  with  how  much 
35 


546  THE   GOVERNMENTAL   HISTORY   OP 

Part  III.  origin  and  causes  of  tub  revolution. 

Proceed-  temper  your  majesty  and  the  two  houses  of  parliament 
liaraent^'^  ^^^ve  acted  in  support  of  the  laws  and  constitution  of 
House  of    Great  Britahi.     We  can  never  so  far  desert  the  trust 

Commons, 

Feb.,  1V75.  reposed  m  us,  as  to  relinquish  apy  part  of  the  sovereign 
The  ad-  authority  over  all  your  majesty's  dominions,  which  by 
the  king,  law  is  vested  in  your  majesty  and  the  two  houses  of 
parliament ;  and  the  conduct  of  many  persons  in  several 
of  the  colonies,  during  the  late  disturbances,  is  alone 
sufficient  to  convince  us  how  necessary  this  power  is  for 
the  protection  of  the  lives  and  fortunes  of  all  your 
majesty's  subjects. 

"  We  ever  have  been,  and  always  shall  be,  ready  to 
pay  attention  and  regard  to  any  real  grievances  of  any 
of  your  majesty's  subjects,  which  shall,  in  a  dutiful  and 
constitutional  manner,  be  laid  before  us:     And  when- 
The  su-      ever  any  of  the  colonies  shall  make  a  proper  application 
of  parim-    *^  ^^^'  ^^  shall  be  ready  to  afford  them  every  just  and 
ment  to  be  reasonable  indulgence.     At  the  same  time  we  consider 
'it  as  our  indispensable  duty  humbly  to  beseech  your 
majesty  that  you  will  take  the  most  effectual  measures 
to  enforce  due  obedience  to  the  laws  and  authority  of 
the  supreme  legislature ;  and  we  beg  leave,  in  the  most 
solemn  manner  to  assure  your  majesty  that  it  is  our 
fixed  resolution,  at  the  hazard  of  our  lives  and  proper- 
ties, to  stand   by  your  majesty,  against  all  rebellious 
attempts,  in  the  maintenance  of  the  just  rights  of  your 
majesty,  and  the  two  houses  of  parliament." 
Protest  of      The  opposition  in  the  House  of  Lords,  entered  a  pro- 
tlon^nThe  *^^*  against  the  address,  because,  in  the  language  of  the 
House  of    protest, 

Feb.  ^1775.      "  First.  The  violent  matter  of  this  dangerous  address 

1  To  the    ^^^  liiglily  aggravated  by  the  violent  manner  in  which 

violent       jt  -was  precipitately  hurried  through  the  house :     Lords 

the  aX      were  not  allowed  the  interposition  of  a  moment's  time 

dress.        f^^,  deliberation  before  they  were  driven  headlong  into 

a  civil  war.     A  conference  was  held  with  the  commons, 

an  address  of  this  importance  presented,  all  extraneous 

information,  although  offered,  positively  refused;   all 


THE   UNITED    STATES   OF  AMERICA.  547 

THE    COMMERCIAL    SYSTEM    OF    TAXATIO^V.  PaRT    III. 

petitions  arbitrarily  rejected;    and   tlic      hole  of  this  Proceed- 
most  awful  business  received,  debated,  and  concluded,  lu'uiu'.Ilt*"^' 
in  a  single  day.  Protest  of 

,       .     the  opposi- 

"  Secondli/.  Because  no  legal  grounds  were  laid  in  tion  to  the 
argument,  or  in  fact,  to  show  that  a  rebellion,  properly  j'j^j^^J'^^-^^j. 
so  called,  did  exist  in   Massachusetts   Bay,  when  the  Lords, 
papers  of  the  latest  date,  and  from  whence  alone  we      "' 
derive  our  information,  were  written.     The  overt  acts 
to  which  the  species  of  treason,  affirmed  in  the  address, 
ought  to  be  applied,  were  not  established,  nor  any  offend- 
ers marked  out.     But  a  general  mass  of  the  acts  of 
turbulence,  said  to  be  done  at  various  times  and  places, 
and  of  various  natures,  were  all   thrown  together  to 
make  out  one  general  constructive  treason.     Neither  r  Because 

r>  n      n    1  •  /.  its  chargcs 

was  there  any  sort  of  proof  of  the  contmuance  ot  any  against 
unlawful  force  from  whence  we  could  infer  that  a  rebel-  *^^^^-  ^^^ 

are  un- 

lion  does  now  exist.  And  we  are  the  more  cautious  of  founded. 
pronouncing  any  part  of  his  majesty's  dominions  to  be 
in  actual  rebellion,  because  the  cases  of  constructive 
treason,  under  that  branch  of  the  25th  of  Edward  the 
Third,  which  describes  the  crime  of  rebellion,  have  been 
already  so  far  extended  by  the  judges,  and  the  distinc- 
tions thereupon  so  nice  and  subtle,  that  no  prudent  man 
ought  to  declare  any  single  person  in  that  situation, 
without  the  clearest  evidence  of  uncontrovertible  overt 
acts,  to  warrant  such  a  declaration.  Much  less  ought 
so  high  an  authority  as  both  houses  of  parliament,  to 
denounce  so  severe  a  judgment  against  a  considerable 
part  of  his  majesty's  subjects,  by  which  his  forces  may 
think  themselves  justified  in  commencing  a  war  without 
any  further  order  or  commission. 

"  Thirdly.  Because  we  think  that  several  acts  of  the  3.  Because 
last  parliament,  and  several  late  proceedings  of  admin- aace^com- 
istration,  with  regard  to  the  colonies,  are  real  griev- pi^'ned of 

-,  .  ^  .,    .  ,  ^      .     bv  the 

ances,  and  just  causes  oi  complamt ;  and  we  cannot,  m  colonies 
honour  or  in  conscience,  consent  to  an  address  which  ^^^ '^®^'* 
commends  the  temper   by  which  proceedings  so  very 
intemperate  have  been  carried  on ;  nor  can  we  persuade 


548  THE   GOVERNMENTAL    HISTORY   OP 

PaIIT    III.  ORIGIN    AND    CAUSES    OF    THE    REVOLUTION. 

Proceed-  oursclves  to  authorize  violent  courses  against  persons 
ihimeiiL ^'^' i^^  the  colonics,  who  have  resisted  authority,  without  at 
Protest  of  the  same  time  redressing   the  grievances  which  have 

tlie  opposi-     .  •         f.         1     •     1     1        ■ 

tioa  to  the  givcu  ()ut  too  much  provocation  lor  their  behavior. 
address  a  fourthly.  Becausc  we  think  the  loose  and  general 

House  of  "^  ,  » 

Lords,        assurances  given  by  the  address,  of  future  redress  of 

''_'^       grievances  in  case  of  submission,  are  far  from  satisfac- 

address  is  tory,  or  at  all  likely  to  produce  their  end,  whilst  the  acts 

too  vague,  complained  of  continue  unrepealed,  or  unamended,  and 

their  authors  remain  in  authority  here ;  because  these 

advisers  of  all  the  measures  which  have  brought  on  the 

calamities  of  this  empire,  will  not  be  trusted  while  they 

defend,  as  just,  necessary,  and  even  indulgent,  all  the 

acts  complained  of  as  grievances   by  the   Americans. 

The  minis-  And  must,  therefore,  on  their  own  principles,  be  bound 

initted  to    in  future .  to  govern  the  colonies  in  the  manner  which 

tiie  same    i^g^g  already  produced  such  fatal  effects ;    and  we  fear 

orrensive  n       i      «     i  . 

measures,  that  the  refusal  of  this  house,  so  much  as  to  receive, 
previous  to  determination,  (which  is  the  most  offensive 
mode  of  rejection)  petitions  from  the  unoffending 
natives  of  Great  Britain  and  the  West  India  Islands, 
affords  us  but  a  very  discouraging  prospect  of  our 
obtaining  hereafter  any  petitions  at  all,  from  those 
whom  we  have  declared  actors  in  rebellion,  or  abettors 
of  that  crime. 
Lastly.  ^'•Lastly.  Because  the  means  of  enforcing  the  authori- 

confidence  ^1  ^^  ^^^  British  legislature,  is  coniined  to  persons  of 
in  mmis-  whosc  capacity,  for  that  purpose,  from  abundant  expe- 
*^'^''''  rience,  we  have  reason  to  doubt ;  and  who  have  hitherto 

used  no  effectual  means  of  conciliating,  or  of  reducing 
those  who  oppose  that  authority;  this  appears  in  the 
constant  failure  of  all  their  projects,  the  insufficiency 
of  all  their  information,  and  the  disappointment  of  all 
the  hopes  which  they  have  for  several  years  held  out  to 
the  publick.  Parliament  has  never  refused  any  of  their 
proposals,  and  yet  our  affairs  have  proceeded,  daily, 
from  bad  to  worse  until  we  have  been  brought,  step  by 
step,  to  that  state  of  confusion,  and  even  civil  violence, 


THE   UNITED    STATES   OF   AMERICA.  549 

THE    COMMEUCIAL    SYSTEM    OF    TAXATION".  FaRT    III. 

which  was  the  natural  result  of  these  desperate  meas- rroceed- 

iiigs  in  par- 
Ures.  liiiinont. 

"  We  therefore  protest  against  an  address  amounthisr  I'lotest  of 

r.  ,    •     1       •        r.  1       1  t'le  OppOSl- 

to  a  declaration  of  war,  which  is  founded  on  no  proper  tion  to  the 
parliamentary  information ;  which  was   introduced  hy  jj^^^J^^^^^^jj, 
refusing  to  suffer  the  presentation  of  petitions  against  Lords, 
it,  (although  it  be  the  undoubted  right  of  the  subject  g|^„,'^,,^ry  ' 
to  present  the  same,)  which  followed  the   rejection  of -igainst  the 
every  mode  of  conciliation  ;  which  holds  out  no  substan- 
tial offer  of  redress  of  grievances  ;  and  which  promises 
support  to  those  ministers  who  have  inflamed  America 
and  grossly  misconducted  the  affairs  of  Great  Britain. 


Richmond. 

COURTENAY. 

Effingham. 

Craven. 

Abingdon. 

Stanhope. 

Archer. 

Portland. 

Scarborough. 

Abergaverny. 

Cambden. 

FiTZ  WILLI  AM. 

*  1  Ameri- 

Rockingham. 

Torrington. 

Tankerville. 

can  Ar- 

Wycombe. 

PONSONBY. 

Cholmondeley. 

^  chives, 
1586. 

To  this  address  the  king  replied,  as  follows,  viz. : 

"ilf^  Lords  and  Gentlemen :  I  thank  you  for  this  very  The  king's 

rcplv  to 

dutiful  and  loyal  address,  and  for  the  affectionate  and  the  ad- 
solemn  assurances  you  give  me  of  your  support,  in  dress, 
maintaining  the  just  rights  of  my  crown,  and  of  the 
two  houses  of  parliament ;  and  you  may  depend  on  my  Guaran- 
taking  the  most  speedy  and  eifectual  measures  for  en-*^^^*^® 

"  .  supremacy 

forcing  due  obedience  to  the  laws  and  the  authority  of  of  pariia- 
the  supreme  legislature. 

"  Whenever  any  of  my  colonies  shall  make  a  ^ro;?er  Disposition 
and  dutiful  application,  I  shall  be  ready  to  concur  with  [J^^g^^Jj^jf® 
you  in  affording  them  any  just   and   reasonable  indul-nies. 
gcnce  ;  and  it  is  my  ardent  wish  that  this  disposition 
on  our  part  may  have  a  happy  effect  on  the  temper  and 
conduct  of  my  subjects  in  America." 

Such  was  the  position  taken  by  the  ministerial  party.  Position  of 
in  the  two  houses  of  parliament,  and  sanctioned  by  the  iJriai"^^' 
crown,   relative    to   the    grievances   complained  of  in  party. 
America  at  this  time.     The  tone  of  the  debate  on  the 


550  THE   GOVERNMENTAL   HISTORY   OF 

Part  Ii!.  ^         ouigin  and  causes  of  the  revolution. 

Proceed-    part  of  the  administration  was  passionate,  bitter,  vin- 
liameot^^^  dictivc  and  desperate ;  while  on  the  part  of  the  opposi- 
Peb.  1775.  tion,  as  also  in  the  protest,  it  was  calm,  considerate, 
conciliatory  and  hopeful.     But  the  result  was  decisive 
of    far    more    important    interests,   and   far-reaching 
sequences,  than  had  entered  into  the  contemplation  or 
imaginations  of  either.     Without  any  anticipation  of  it 
in  the  parent  state,  without  any  pre-determination  of  it 
in  the  colonies,  the  seal  of  severance  was  thus  set  to 
their  political  relations  with  the  mother  country.     No 
human  wisdom  even  at  this  time  foresaw  it,  no  human 
The  una-    forethought  had  as  yet  pre-judged  it.     All  parties,  in- 
results  un-  deed,  on  both  sides  of  the  Atlantic,  felt  that  a  fearful 
foreseen,    crisis  was  impending,  that  a  terrible   conflict  was  at 
hand.     But  the  wise  and  the  good,  and  even  the  rash 
and  the  headstrong,  in  the  mother  country,  relied  upon 
the  resolution  of  harmony  under  healthier    councils  ; 
while  reflecting  men  in  America  sought  and  hoped  for 
nothing  more  or  less  than  the  concession  and  security 
of  their  constitutional  rights  and  liberty,  in  a  cherished 
dependency  upon  the  crown  of  Great  Britain. 
The  crisis       At  this  Crisis   we    retui'u   again  to  the  colonies  in 
jpa,       '    America,  and  we  find  them  just  now  advised  of  tlie 
reception  given  to  their  agents,  and  their  congressional 
proceedings,  by  the  crown,  and  in  parliament,  and  of 
other  measures  adopted  for  their  subjugation.     Mas- 
sachusetts Bay,  it  must  be  remembered,  was  the  ob- 
ject and  the  theatre  of  the  more  immediate  visitations 
of  parliamentary  legislation,  and  coercive  power.     In 
preparing  to  meet  the  exigencies  of  her  situation  the 
provincial   assembly  had  raised  troops  and  directed  a 
collection  of  stores  and  ammunition  to  be  deposited  at 
*  1115.      Concord  and  Worcester.     On  the  eighteenth  of  April,* 
General  Gage,  commander  of  his  majesty's  forces  at 
Boston,  ordered   a   detachment  of  his  troops  to  take 
possession  of   these    stores    and    ordnance.      On   the 
morning  of  the  nineteenth,  as  they  entered  Lexington, 
they  came  upon  about  one  hundred  and  thirty  of  the 


t;i::  united  states  of  America.  551 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaUT    III. 

Lexington  militia,  who  liaA'ing  been  forewarned  of  the  Procccd- 
objcct  of  this  detachment  were  gathered  and  parading  "^"S^"' ^^^^^^ 
on   the    common.     Major  Pitcairn,  the  leader  of  the  Mass.  Bay. 
British  troops,  rode  up  to  them,  and  cried  out  "  dis- 
perse ye  rebels,  throw  down  your  arms  and  disperse." 
They  still  held  their  ground,  however,  when  the  British 
major  advanced   nearer,  discharged  his  pistol  among 
them,  and  ordered  his  men  to  fire.     The  militia  were  Conflict  of 
at  first  disposed  to  retire,  but  finding  that  they  were  Le™iw 
still  fired  upon,  stood,  and  returned  the  fire,  and  sev-  and  Gen- 
eral were  killed  on  both  sides.     The  detachment  pro- 1775'    ^" 
ceeded   towards  Concord,  where   they  encountered  a 
number  of  militia-men  under  the  command  of  Major 
Butterick,  who,  not  knowing  what  had  already  taken 
place  at  Lexington,  ordered  his  men  not  to  fire  unless 
they  were  first  fired  upon  by  the  troops  of  his  majesty. 
As   the  regulars   advanced   and   came   nearer  to  the 
Americans,  the  king's  troops  fired  and  killed  a  captain 
and   private  of  the  American   military.     At    this  the 
American  troops  gave  battle  and  compelled  them  to 
commence  a  retreat  towards  Boston.     Sixty-five  of  the 
king's  army  were  killed  and  twenty-eight  were  taken  See  Jour- 
prisoners,  while  of  the  provincials  fifty  were  killed  and  ^^^^^ 
thirty-eight  wounded.     Thus  was  the  unnatural  contest  I'^'^S- 
provoked  by  aggression  and  stained  with  blood. 

The  assembly  of  Massachusetts  Bay,  being  now  in  ses- 
sion, immediately  transmitted  an  account  of  this  battle 
to  Great  Britain,  accompanied  with  abundant  proof  that 
the  British  troops  were  the  aggressors.     They  also  pre- Addressof 
pared  an  address  to  the  people  of  Great  Britain,  where- fj^'he^peo- 
in,  after  enumerating  again  the  wrongs  and  oppressions  P^*^  ^^ 
which   they  had    endured,  they  say— "  these  have  not  ain!* 
detached  us  from  our  royal  sovereign :  We  profess  to  be 
his  loyal  and  dutiful  subjects,  and  though  hardly  dealt 
with  as  we  have    been,  are  still  ready,  with  our  lives 
and  fortunes,  to  defend  his  person,  crown  and  dignity ; 
nevertheless,  to  the   persecution  and  tyranny   of   his 
civil  ministry,  we  will  not  tamely  submit      Appealing 


552  THE  GOVERNMENTAL   HISTORY   OP 

Part  III.  origin  and  causes  of  the  revolution. 

Meeting  of  to  lieaven  for  the  justice  of  our  cause  we  determine  to 

the  coio-      J-  IP         5> 

niai  cou-    <^ie  or  be  free. 

gress  at  -^—— 

phia,  May       Such  was  the  aspect  of  afiairs,  both  in  England  and 
10,  1775.    America,  when  the  colonial  congress  again  assembled 
at  Philadelphia,  to  "  take  into  consideration  the  state 
of  America."     The  delegates  who,  agreeable  to  their 
appointment,  and  the  orders  received  from  their  re- 
Names  of  spective  colonies,  met  in  this  congress  were,  from 
delegates.       ^^^  HAMPSHIRE,  Mr.  John  Sullivan,  Mr.  John  Lang- 
don. 

Massachusetts  Bay,  Messrs.  John  Hancock,  Thomas 
Gushing,  Samuel  Adams,  ■  John  Adams,  Robert  Treat 
Paine. 

Connecticut,  Messrs.  Eliphalet  Dyer,  Roger  Sher- 
man, Silas  Deane. 

New  York,  Philip  Livingston,  James  Duane,  John 
Alsop. 

New  Jersey,  James  Kinsey,  Stephen  Crane,  William 
Livingston,  John  De  Hart,  Richard  Smith. 

Pennsylvania,    Edward    Biddle,   John    Dickinson, 

Thomas   Mifflin,    Charles   Humphreys,   John   Morton, 

George  Ross,  Benjamin  Franklin,  Thomas  Willing. 

Delaware,  Caesar  Rodney,  Thos.  McKeane,  Geo.  Read. 

Maryland,    Matthew   Tilghman,   Thomas   Johnson, 

William  Paca,  Samuel  Chase,  John  Hall. 

Virginia,  Peyton  Randolph,  George  Washington, 
Richard  Henry  Lee,  Edmund  Pendleton,  Benjamin 
Harrison,  Richard  Bland. 

North  Carolina,  William  Hooper,  Joseph  Hewes, 
Richard  Caswell. 

South  Carolina,  Henry  Middleton,  Thomas  Lynch, 
Cliristopher  Gadsden,  John  Rutledge,  Edward  Rut- 
ledge. 

The  Hon.  Peyton  Randolph  was  unanimously  chosen 

president,  and  Charles  Thomson  secretary.     Mr.  Ran- 

*  May  19,   dolph  subsequently*  resigned  his  place,  to  return  to 

Virginia  as  speaker  of  the  provincial  assembly,  when 


THE   UNITED    STATES   OF  AMERICA.  653 


THE    COMMEHCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

John  Hancock  of   Massachusetts  was  elected   to    the  The  colo- 
prcsidency  of  the  congress.  '^^LTat 

One  of  the  first  acts  of  this  congress  was  the  ap- i^wiadel- 
pointment  of  a  committee  to  prepare  a  resolution  for  a  lo^  1775. 
general  fast,  whicli  was  reported  on  the  tenth  day  of 
June,  agreed  to,  and  published,  as  follows,  viz.: 

"As  the  Great  Governor  of  the  world,  by  his  su- 
preme and  universal  providence,  not  only  conducts  the 
course  of  nature  with  unerring  wisdom  and  rectitude, 
but  frequently  influences  the  minds  of  men  to  serve 
the  wise  and  gracious  purposes  of  his  providential  gov- 
ernment ;  and  it  being  at  all  times  our  indispensable 
duty  devoutly  to  acknowledge  his  superintending  prov- 
idence, especially  in  times  of  imminent  danger  and 
public  calamity,  to  reverence  and  adore  his  immutable 
justice,  as  well  as  to  implore  his  merciful  interposition 
for  our  deliverance : 

"This  congress,  therefore,  considering  the  present Recogni- 
critical,  alarming,  and  calamitous  state  of  these  colo- ^°".^j!^^_ 
nies,    do    earnestly    recommend    that    Thursday,   the  ity  by  pro- 
twentictli  day  of  July  next,  be  observed  by  the  inhab- f^j.  ^  geu- 
itants  of  all  the  English  colonies  on  this  continent,  eral  fast, 
as  a  day  of  public  humiliation,  fasting-,  and  prayer; 
that    we    may    with    united    hearts   and   voices,    un- 
feignedly  confess  and   deplore    our    many    sins ;    and 
offer  up  our  joint  supplications  to  the  All-wise,  Omnip- 
otent, and  merciful  Disposer  of  all    events,  humbly 
beseeching  him  to  forgive  our  iniquities  ;  to  remove 
our  present  calamities  ;  to  avert  those  desolating  judg- 
ments with  which  we  are  threatened  ;  and  to  bless  our 
rightful  sovereign,  King  George  the  third,  and  to  in- 
spire him  with  wisdom  to  discern  and  pursue  the  true 
interest  of  his  subjects,  that  a  speedy  end  may  be  put 
to  the  civil  discord  between    Great  Britain  and  the 
American  colonies  without  further  effusion  of  blood. 
And  that  the  British  nation  may  be  influenced  to  re- 
gard the  things  that  belong  to  her  peace,  before  they  are 
hid  from  her  eyes;  That  these  colonies  may  ever  be 


654  THE    GOVERNMENTAL   HISTORY   OF 

Part  III,  origin  and  causes  of  the  revolution. 

The  coio-   under  the  care  and  protection  of  a  kind  Providence, 
niai  con-    ^^^^  ^q  prospered  in  all  their  interests  ;  that  the  divine 

gress  at  ^         ^ 

Phiiadei-    blcssing  may  descend  and  rest  upon  all  our  civil  rulers, 
lo'nvs!^  and  upon   the  representatives  of  the   people  in  their 
several  assemblies  and  conventions,  that  they  may  be 
directed  to  wise  and  effectual  measures  for  preserving 
the  Union,  and  securing  the  just  rights  and  privileges 
of  the  colonies  ;  that  virtue    and  true  religion  may 
revive  and  flourish  throughout  our  land  ;  and  that  all 
America  may  soon  behold  a  gracious  interposition  of 
Heaven  for  the  redress  of  her  many  grievances  ;  the 
restoration  of  her  invaded  rights  ;  a  reconciliation  with 
the  parent  state,  on  terms  constitutional  and  honorable 
to  both ;    and  that  her  civil  and  religious  principles 
may  be   secured  to   the    latest    posterity.     And  it  is 
recommended  to   christians  of  all   denominations   to 
assemble  for  public  worship,  and  to  abstain  from  servile 
labour  and  recreation,  on  that  day. 
of  Con-         "  Ordered,  That  a  copy  of  the  above  be  signed  by 
gress,        ^|jg  president,  and  attested  by  the  secretary,  and  pub- 
p.  iiY.       lished  in  the  newspapers  and  in  handbills."* 
Federal  Thc  most  important  matter  which  pressed  upon  the 

sumecTby'  immediate  attention   of  the    congress,  related  to  the 
Congress,   raising  and  support  of  an  army,  and  making  prepara- 
tions  for  the  general    defence.     This  called    for   the 
exercise  of   federative   powers,   for  which   no  special 
provision  had  been  made  in  the  credentials  of  mem- 
bers, and  with  which  the   congress  had  not  been  form- 
ally invested  by  the  colonies.     They  therefore  neces- 
sarily assumed  the  exercise  of  such  prerogatives  as  the 
exigencies  of   the  nation,    so   to    speak,  imperatively 
required.      They    accordingly    enacted   an  army  bill, 
providing  for  the   enlistment  of  troops,  the  construc- 
tion of  forts  at  desirable  points  in  the  several  colonies, 
the  supply  of  arms,  munitions,  and  military  stores,  and 
Issue  and  ^thcr    appliances  necessary    for  the   general  defence, 
form  of      They  nlso  authorized  the  emission  of  bills  of  credit  to 
cJedif      the  amount  of  $2,000,000,  for  the  redemption  of  which 


THE   UNITED    STATES   OP   AMERICA.  555 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

they  pledged  the  faith  of  the  United  Colonies.     The  The  coio- 
form  of  these  bills  was  thus  ;  "'''•  '"''"■ 

gross  at 

"Continental  Currency.  phia^May 

No. .  Dollars.  ^'^''^'"^• 

"  This  bill  entitles  the  bearer  to  receive  *  *  *  * 
Spanish  Milled  Dollars,  or  the  value  thereof,  in  gold  or 
silver,  according  to  the  resolutions  of  the  Congress,  held 
at  Philadelphia,  on  the  10th  day  of  May,  A.  D.  1775." 


The  formation  of  the   army,   however,  was  not  a  Formation 
matter  unattended  with  difficulty.     "  The  situation  of  °f  f  ''''^'^ 

•'  Dial  army, 

the  troops  already  raised  in  New  England,  and  now 
actually  besieging  Boston,  and  which  had  been  ten- 
dered to  congress,  became  an  early  and  absorbing  con- 
sideration.    It  was  without  munitions  of  war,  without  The  army 
arms,   clothing,  or  pay  ;    in  fact,   without  legislative  Bay.'^^^ 
countenance   or   encouragement.      Unless   sanctioned 
and  assisted  by  the  congress,  there  was  danger  of  its 
dissolution.     If  dissolved,  how  could  another  be  col- 
lected ?     If  dissolved,  what  would  there  be  to  prevent 
the  British  from  sallying  out  of  Boston,  and  spreading 
desolation  throughout  the  country  ?     All  this  was  the  *  See  i 
subject  of   much   discussion  out  of   doors.      But  the  wla"hinff- 
more    difficult    question   was,  "who    should   be  com- ton. 
mander-in-chief  ? "  * 

Mr.  Adams,  in  his  diary ^  gives  us  glimpses  of  the  who  shall 
conflict  of  opinions  and  interests  within  doors.     "  There  ^^  ^'°'^*" 

.  mander-m- 

was  a  southern  party,    he  says,  "which  could  not  brook  chief? 
the  idea  of  a  New  England  army,  commanded  by  a 
New  England  general.     Whether  this  jealousy  was  sin- 
cere, or  whether  it  was  mere  pride,  and  a  haughty 
ambition  of  furnishing  a  southern  general  to  command 
the  northern  army,  I  cannot  say ;  but  the  intention 
was  very  visible  to  me,  that  Colonel  Washington  was 
their  object ;  and  so  many  of  our  staunchest  men  were 
in  the  plan,  that  we  could  carry  nothing  without  con-^mbar- 
ceding   to   it.      There   was    another    embarrassment,  of  the 
which  was  never  publicly  known,  and  which  was  care- ^"*^^^*''^ 


556  THE   GOVERNMENTAL   HISTORY   OF 

PaKT    III.  ORIGIN    AND    CAUSES    OF    THE    REVOLUTION. 

The  coio-   fully  concealed  by  those  who  knew  it.     The  Massachu- 
ffi-ess  at     ^'^^^^  ^^^^  other  New  England   delegates  were  divided. 
riiiiadel-    Ml'.  Ilancock  and  Mr.  Cu&hing  hung  back.     Mr.  Paine 
io,''i'775'!^  did  not  come   forward,  and  even  Mr.  Samuel  Adams 
was  irresolute.     Mr.  Hancock  himself  had  an  ambition 
Formation  to    be    appointed    commander-in-chief.      Whether   he 
Dial  anuy.  thought  an  election  a  compliment  due  to  him,  and 
intended  to  have  the  honor  of  declining  it,  or  whether 
ho  wovild  have  accepted  it,  I  know  not.     To  the  com- 
pliment he  had  some  pretensions,  for,  at  that  time,  his 
exertions,  sacrifices,  and  general  merits  in  the  cause 
of  his  country,  had  been  incomparably   greater  than 
those  of  Colonel  Washington.     But  the  delicacy  of  his 
health,  and  his  entire  want  of  experience  in  actual 
service,  though  an  excellent  militia  officer,  were  deci- 
sive objections  to  him  in  my  mind. 
Who  shall      "  General  Charles  Lee  was  at  that  time  in  Philadel- 
mandei-m-  phia.     A  former  visit  had  made  him  well  acquainted 
duel?        -^ij^jj  ii^Q  leading  members  of  congress.     He  was  well 
known  to  have  manifested  an  active  interest  in  the 
cause  of  the  colonies,  and  the  public  had  an  almost 
extravagant  idea  of   his  military    qualifications.     He 
was  of  foreign  birth,  however,  and  it  was  deemed  im- 
proper to  confide  the  supreme  command  to  any  but  a 
native-born  American  J' 
General  "The  Opinion  evidently  predominated  in  favor  of 

^ntivJTof  Washington  ;  yet  it  was  promoted  by  no  clique  of  par- 
Washing-  tizans  or  admirers.     More  than  one  of  the  Virginia 
delegates  were  cool  on  the  subject  of  his  appointment, 
and  particularly  Mr.   Pendleton    was  clear   and   full 
*  Diary  of  against  it."*     It  is    scarcely   necessary   to  add,  says 
fms^oL  2.  Irving,  "  that  Washington   in  this,  as  in  every  other 
situation  in  life,  made  no  step  in  advance  to  clutch  the 
impending  honor." 
See  1  u  ^Iy.  Adams,  in  his  diary,  claims  the  credit  of  bring- 

Irving's  '  •'  '  T      •   •  T>-   •  • 

Washing-  ing  the  members  of  congress  to  a  decision.     Kismg  in 
ton,  450.    j^.g  ^1^^^^  ^^^  ^^^^  ^j^^  stating  briefly,  but  earnestly, 

the  exigencies  of  the  case,  he  moved  that  congress 


THE   UNITED    STATES   OF   AMERICA.  557 


THK    COMMKRCIAL    SYSTKM    OF    TAXATION.  TaUT    ill. 

should  adopt  the  (New  England)  army  at  Cambridge,  The  coio- 
and  appoint  a  general.     Though  this  was  not  the  time  "',!|.f,.s  at' 
to  nominate  the  person,  'yet,'  he  adds,  'as  I  had  rea- i'ii''ii'i<'i- 
son  to  believe  this  was  a  point  of  some  difficulty,  1  had  lo^  1775, 
no  hesitation  to  declare  that  I  had  but  one  gentleman 
in  my  mind  for  that  important  command,  and  that  was  Formation 
a  gentleman   from  Virginia,  who  was  among  us,  andniai  army; 
very  well  known  to  all  of  vis  ;  a  gentleman  whose  skill  <^i*-'^t'o"  o^ 
and  experience  as  an  officer,  whose  independent  for- er-iu-chicf. 
tune,  great  talents,  and  excellent  universal  character, 
would  command  the  approbation  of  all  America,  and  George 
unite  the  cordial  exertions  of  all  the   colonies,  better  ^q,"^''j^q„7}". 
than  any  other  person  in  the  Union.     Mr.  Washington,  °='t'?d  ''7 

,  1  •  11  11  'ilr.Adams. 

.who  happened  to  sit  near  the  door,  as  soon  as  lie  heard 
me  allude  to  him,  from  his  usual  modesty,  darted  into 
the  library-room.  Mr.  Hancock,  who  was  our  presi-  iiis  nomi- 
dcnt,  which  gave  me  an  opportunity  to  observe  hign^^'^^how 
countenance ;  while  I  was  speaking  on  the  state  of  the 
colonies,  the  army  at  Cambridge,  and  the  enemy,  he 
heard  me  with  visible  pleasure ;  but  when  I  came  to 
describe  Washington  for  the  commander,  I  never  re- 
marked a  more  sudden  and  striking  change  of  counte- 
nance. Mortification  and  resentment  were  expressed 
as  forcibly  as  his  face  could  exhibit  them. 

"When  the  subject  came  under  debate,  several  dele- 
gates opposed  the  appointment  of  Washington,  not  from 
personal  objections,  but  because  the  army  were  all  ffom 
New  England,  and  had  a  general  of  their  own.  Gen- 
eral Artemas  Ward,  with  whom  they  appeared  well  sat-  *}  lyy'ng's 

'  J      L  I  Waishing- 

isfied;  and  under  whose  command  they  had  proved  ton;  .John 
themselves  able  to  imprison  the  British  army  in  Boston,  p[^.™^  1 
which  was  all  that  was  to  be  expected  or  desired."*        2. 

The  subject,  however,  was  postponed,  and  further 
deliberated  and  discussed  until  the  fifteenth  day  of  June, 
when  it  was 

"Resolved,  That  a  general  be   appointed   to   com-P^"'""f" 

,  .  to  go  into 

maiid  all  the  continental  forces  raised,  or  to  be  raised^  aueiection. 


658  THE   GOVERNMENTAL    HISTORY  OP 

Part  III.  origin  and  causes  of  the  revolution. 

The  coio-  for  the  defence  of  American  liberty.     That  five  hundred 

gress  at  dollars  per  month  be  allowed  for  his  pay  and  expenses." 

■^r ^'^M^'  Whereupon  the  congress  proceeded  to  the  choice  of 

10, 1'r^s.  a   general,   when    George   Washington,   Esquire,   was 

Washing-  unanimously   elected,   after  which    the   consrress    ad- 

toii  elected  .  -,,.•,. 

general,     journcd  to  the  Sixteenth  inst. 

Friday,  June  sixteenth,  1775.     The  congress  met  pur- 
Washing-  suant  to  adjournment.     The  president,  from  the  chair, 
fied  of'^iiis  ii^foi'Died  Washington  that  he  had   the  orders  of  the 
election,     congress  to  acquaint  him  that  the  congress  had,  by  an 
*  unanimous  vote,  made  choice  of  him  to  be  General  and 
Commander-in-Chief,  to  take  the  supreme  command  of 
the  forces  raised,  and  to  be  raised,  in  defence  of  Ameri- 
can liberty,  and  desired  his  acceptance  of  it. 

To  which  Colonel  Washington,  standing  in  his  place, 
answered  : 
His  accept-  "Mr.  President.  Though  I  am  truly  sensible  of  the 
^^^^'  high  honor  done  me,  in  this  appointment,  yet  I  feel 
great  distress,  from  a  consciousness  -that  my  abilities 
and  military  experience  may  not  be  equal  to  the  exten- 
sive and  important  trust.  However,  as  the  congress 
desire  it,  I  will  enter  on  the  momentous  duty,  and  exert 
every  power  I  possess  in  their  service,  and  for  support 
of  the  glorious  cause.  I  beg  they  will  accept  my  most 
cordial  thanks  for  this  distinguished  testimony  of  their 
approbation. 

"But,  lest  some  unlucky  event  should  happen  unfa- 
vorable to  my  reputation,  I  beg  it  may  be  remembered, 
by  every  gentleman  in  the  room,  that  I  this  day  declare, 
with  the  utmost  sincerity,  I  do  not  think  myself  equal 
to  the  command  I  am  honored  with. 

"  As  to  pay,  Sir,  I  beg  leave  to  assure  the  congress, 

that  as  no  pecuniary  consideration  could  have  tempted 

me  to  accept  this  arduous  employment,  at  the  expense 

of  my  domestic  ease  and  happiness,  I  do  not  wish  to 

»  2.  Ameri- 1^^^^'=^^  any  profit  from  it.     I  will  keep  an  exact  account 

can  Ar-     of  my  expciiscs.    Those,  I  doubt  not,  they  will  discharge, 

1848. '       and  that  is  all  I  desire.* 


THE  UNITED   STATES   OP   AMERICA.  559 

TIIK    COMMKUCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

3Tr.  Lee,  Mr.  E.  P^tledg-e,  and  Mr.  J.  Adams,  were  The  colo- 
tlieu    appointed  a   committee    to   draft   a   commission    .^^^g  ^^ 
and  instructions  for  the  a-cneral;   which  were  siibse- I'l^i'i^el- 

phia,  May 

quently  reported  and  adopted  as  follows:  lo,  1775. 

"In  Congress. — Tiie  Delegates  of  The  United  Colo- Committee 
nics  of  New  Hampshire ;    Massachusetts  Bay ;   Rhode  gion,  &c. 
Island;  Connecticut;   New  York;  New  Jersey;  Penn- 
sylvania; tlic  counties  of  New  Castle,  Kent  and  Sussex  ^^P"''*  ^^ 

•'  '  '  _  the  com- 

on  Delaware;  Maryland;  Virginia;  North  Carolina  and  mittee. 
South  Carolina;  in  congress  assembled. 

'^  To  George  Washington,  Esq.  : 

"We,  reposing  special  trust  and  confidence  in  your  The  com- 
patriotism,  valour,  conduct  and  fidelity,  do,  by  these  "Jj^p^J^^^^ 
presents,  constitute  and  appoint  you  to  be  General  and 
Commander-in-Chief  of  the  army  of  the  United  Colo- 
nies, and  of  all  the  forces  now  raised,  or  to  be  raised, 
by  tlicm,  and  of  all  others  who  shall  voluntarily  offer 
their  service  and  join  the  said  army  for  the  defence  of 
American  Uberty,  and  for  repelling  every  hostile  inva- 
sion thereof.  And  you  arc  hereby  vested  with  full 
power  and  authority  to  act  as  you  shall  think  for  the 
good  and  welfare  of  the  service. 

"  And  IV e  do  hereby  strictly  charge  and  require  all 
officers  and  soldiers  under  your  command,  to  be  obedi- 
ent to  your  orders,  and  diligent  in  the  exercise  of  their 
several  duties. 

"  And  ive  do  also  enjoin  and  require  you  to  be  care- 
ful in  executing  the  great  trust  reposed  in  you,  by  caus- 
ing strict  discipline  and  order  to  be  observed  in  the 
army ;  and  that  the  soldiers  be  duly  exercised,  and  pro- 
vided with  ail  convenient  necessaries.  And  you  are  to 
regulate  your  conduct  in  every  respect  by  the  rules  and 
discipline  of  war  (as  herewith  given  you)  and  punctu- 
ally to  observe  and  follow  such  orders  and  directions, 
from  time  to  time,  as  you  shall  receive  from  this  or  a 
future  congress  of  these  United  Colonies,  or  committee 
of  cono-ress. 


560  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.  origin  and  causks  of  the  revolution. 

The  colo-        "  This  commission  to  continue  in  force  until  revoked 

gress  at'    ^7  ^^^^^  ^^  ^  futurc  congrcss. 

Piiiiadoi-  "  By  order  of  the  congress. 

pliia    May 

10, 1775.        "  Philadelphia^  June  17,  1775." 

Formation 

of  the  colo-     Immediately  on  the  adoption  of  this  report  of  the 

Dial  army.  .  i  i      •  •  i 

committee,  and  ordering  it  to  be  engrossed  and  deliv- 
ered to  the  general,  it  was  further 
to'^adhci-T      "  Resolved  unanimously,  upon  the  question.  Whereas, 
to  the  com- the  delegates  of  all  the  colonies,  from  Nova  Scotia  to 

mander-in-  ^  .         .  ^  ^     -x      t  •  ■, 

chief.  Creorgia,  in  congress  assembled,  have  unanimously 
chosen  George  Washington,  Esq.,  to  be  general  and 
commander-in-chief  of  such  forces  as  are,  or  shall  be, 
raised  for  the  maintenance  and  preservation  of  Ameri- 
can liberty;  this  congress  doth  noiv  declare  that  they 
"will  maintain  and  assist  him,  and  adhere  to  him,  the 
said  George  Washington,  Esq.,  with  their  lives  and  for- 

Electionof  ,  •      ,i  ,, 

other  army  tunes  111  tllC  samC  CauSC. 

officers.  rpjjg  congress  then  proceeded  to  the  choice  of  other 

officers  in  the  army,  by  ballot,  when  Artemas   Ward, 
Esq.,  was  chosen  first  major-general. 

Horatio  Gates,  Esq.,  adjutant-general  with  the  rank 
of  a  brigadier-general. 

Charles  Lee,  Esq.,  second  major-general. 


^   ^  Instructions  to  General  Washington. 

Instruc-  ° 

tions  to     "  To  George  Washington,  Esq.  : 

mander-in-      "This  coiigrcss  having  appointed  you  to  be  general 
chief.         jj^j-^^   commander-in-chief  of  the  army  of  the   United 
Colonies,  and  of  all  the  forces  raised  or  to  be  raised  by 
them,  and  of  all  others  who  voluntarily  offer  their  ser- 
vice and  join  the  said  army  for  the  defence  of  American 
liberty,  and  for  repelling  every  hostile  invasion  thereof, 
you  are  to  repair  with  all  expedition  to  the  colony  of 
Massachusetts  Bay  and  take  charge  of  the  army  of  the 
united  colonies.     For  your  better  direction. 
To  make         "  1.  You  are  to  make  a  return  to  us  as  soon  as  possi- 
forcer  ^^  We  of  all  forces  which  you  shall  have  under  your  com- 
mand, together  with  their  military  stores  and  provisions. 


THE    UNITED    STATES    OP    AMERICA.  561 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

And  also,  as  exact  an  account  as  you  can  obtain  of  the  The  colo- 

forces  which  compose  the  British  army  in  America.        gres.s  at' 

"  2.  You  are  not  to  disband  any  of  the  men  you  find  I'l'iiadci- 

,  phia,  May, 

raised,  until  further  direction  from  this  congress;  and  1775. 
if  you  shall  think  their  numbers  not  adequate  to  the  To  recruit 

„  .  •  i   ,  1  i  1        the  army. 

purpose  of  security,  you  may  recruit  them  to  a  number 
you  shall  think  sufficient,  not  exceeding  double  that  of 
the  enemy. 

"  3.  In  all  cases  of  vacancy  occasioned  by  the  death  or  To  fill 
removal  of  a  colonel,  or  other  inferior  officer,  you  are^'^'^^^'^'^^' 
by  brevet,  or  warrant  under  your  seal,  to  appoint 
another  person  to  fill  up  such  vacancy,  until  it  shall 
otherwise  be  ordered  by  the  provincial  convention,  or 
the  assembly  of  the  colony  from  whence  the  troops  in 
which  such  vacancy  happen  shall  direct  otherwise. 

"  4.  You  are  to  victual,  at  the  continental  expense,  all  To  victual 
such  volunteers  as  have  joined  or  shall  join  the  united  ^'^'^^  °^^^" 
army. 

"  5.  You  shall  take  every  method  in  your  power,  con- To  destroy 
sistent  with  prudence,  to  destroy  or  make  prisoners  of  ^'^'^  ^^^'^J'- 
all  persons  who  now  are  or  hereafter  shall  appear  in 
arms  against  the  good  people  of  the  united  colonies. 

"  6.  And  whereas,  all  particulars  cannot  be  foreseen,  Discretlon- 

nor  positive  instructions  for  such  emergencies  so  before-  ^'"^  ™^"' 
.  °  agement. 

hand  given,  but  that  many  things  must  be  left  to  your 
prudent  and  discreet  management,  as  occurrences  may 
arise  upon  the  place,  or  from  time  to  time  fall  out,  you 
are,  therefore,  upon  all  such  accidents,  or  any  occa- 
sions that  may  happen,  to  use  your  best  circumspec- 
tion ;  and  (advising  with  your  council  of  war,)  to 
order  and  dispose  of  the  said  army  under  your  com- 
mand as  may  be  most  advantageous  for  the  obtaining 
the  end  for  wiiicli  these  forces  have  been  raised,  making 
it  your  special  care,  in  discharge  of  the  great  trust  *  3  Am. 
committed  to  you  tltat  the  liberties  of  America  receive  18^51.'^^ ' 
no  detriment  J' ^  * 

At  the  request  of  General  Washington,  the  congress  0^^).^^''^ 
increased  the  number  of  brigadier-generals  to  eight,  chosen. 
36 


662  THE   GOVERNMENTAL    HISTORY   OF 

Part  III.  origin  and  causes  of  the  revolution. 

The  coio-  chosen    as    follows: — Seth    Pom.eroy^    first;     Richard 

gress  at  Montgomery,  second  ;  David  Wooster,  third  ;    William 

Phiiadci-  Heath,  fourth ;  Joseph   Spencer,  fifth ;    John   Thomas, 

10, 1775.  sixth ;     John    Sullivan,    seventh ;     Nathaniel    Greene, 
eighth  ;  to  receive  their  commissions  through  the  hands 

*Ibid.  of  the  general.* 


It  is  not  within  the  scope  of  my  design  in  this  work, 

to  enter  further  into  detail  as  to  the  formation  of  the 

continental  army,  or  to  note  the  military  operations 

General     directed  by  the  congress  during  the  progress  of  the 

mentaT      revolution.     I  refer  to  them  thus  far  at  this  period  sim- 

powers  as-  p|y  as  illustrative  of  the  supreme  administrative  and 

sumcd  and ,.,,.  ,.,  -ti         ,  ■,       .   ■, 

exercised    legislative  powcrs  whicli  were  exercised  by  the  colonial 
^■'^  '*•         congress,  without  any  formal  delegation  of  such  pre- 
rogatives to  that  body  by  the  colonies,  beyond  the  ap- 

Its  politi-    pointment  of  delegates  to  the  convention  which  com- 
cal  aspects.  ^  °  ...,  ,.  ,.. 

posed  it.      It  was  the    initial  revolutionary  condition 

in  their  governmental  history  which  preceded,  and 
eventually  produced  the  necessity  of,  a  more  substan- 
tial national  organization.  There  probably  never  was 
an  exercise  of  the  prerogatives  of  sovereignty  more 
complete  or  supreme,  than  that  now  assumed  by  this 
colonial  congress :  It  really  and  virtually  placed  a 
whole  continent  in  arms,  and  subjected  the  whole 
American  people,  as  it  were,  to  martial  law.  The  fact 
that  it  thus  assumed  to  itself,  and  exercised,  these  attri- 
butes of  sovereignty  while  the  colonies  themselves  were 
yet  acknowledged  dependencies  upon  the  British  crowii, 
is  worthy  of  especial  remembrance.  Its  importance  as 
a  matter  of  veritable  historical  record  will  be  more 
apparent,  when  we  come  to  treat  of  that  portion  of  our 
governmental  history  which  is  embraced  in  the  fourth 
part  of  this  work.  In  this  connection,  too,  one  of  the 
most  important  acts  of  the  congress,  was  the  adoption 
of  a  manifesto  setting  forth  the  causes  which  had  com- 
pelled them  to  resort  to  arms.  It  was  reported  by  a 
committee  appointed  for  the  purpose,  debated  by  para- 
graphs, and  adopted  July  sixth,  1775,  as  follows,  viz. : 


THE   UNITED    STATES    OP   AMERICA.  563 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  I'aRT    III. 

"A  Declaration  by  the  representatives  of  the  United  The  coio- 
CoLONTES  of  North  America,  now  met  in  cotw^ress  «^""^'^""' 

•^  '  ^  gross  at 

Philadelphia,  setting  forth  the  causes  and  necessity  f>/"  i'liiiiidel- 
their  taking  up  arms :  Xo^int^. 

"  If  it  were  possible  for  men  who  exercise  their  rea-  Manifesto 
son  to  believe  that  the  Divine  Author  of  our  existence  „"  arms^ 

intended  a  part  of  the  human  race  to  hold  an  absolute  adopted 

.-,,-,    T  ,  ,1  July  6th- 

property  in,  and  unbounded  power  over  others,  marked 

out  by  his  infinite  goodness  and  wisdom,  as  the  objects 
of  a  legal  domination,  never  rightfully  resistible,  how- 
ever severe  and  oppressive ;  the  inhabitants  of  these 
colonies  might  at  least  require  from  the  parliament  of 
Great  Britain,  some  evidence  that  this  dreadful  author- 
ity over  them  had  been  granted  to  that  body ;  but  a 
reverence  for  our  Great  Creator,  principles  of  human- 
ity, and  the  dictates  of  common  sense,  must  convince 
all  those  wlio  reflect  upon  the  subject,  that  government 
was  instituted  to  promote  the  welfare  of  mankind,  and 
ought  to  be  administered  for  the  attainment  of  that 
end.  The  legislature  of  Great  Britain,  however,  stim-Oppres- 
ulated  by  an  inordinate  passion  for  power,  not  only  ^ °Ji^ns"of 
unjiistifiable,  but  which  they  know  to  be  peculiarly  p^^'^'^- 
reprobated  by  the  very  constitution  of  that  kingdom ; 
and  despairing  of  success  in  any  mode  of  contest, 
where  regard  should  be  had  to  law,  truth,  or  right ; 
have  at  length,  deserting  those,  attempted  to  effect 
tlieir  cruel  and  impolitic  purpose  of  enslaving  these 
colonies  by  violence,  and  have  thereby  rendered  it  nec- 
essary for  us  to  close  with  their  last  appeal  from  reason 
to  arms.  Yet,  however  blinded  that  assembly  may  be 
by  their  intemperate  rage  for  unlimited  domination,  so 
to  slight  justice  in  the  opinion  of  mankind,  we  esteem 
ourselves  bound  by  obligations  to  the  rest  of  the  world 
to  make  known  the  justice  of  our  cause.  Thescttle- 

"  Our  forefathers,inhabitants  of  the  island  of  Great  Brit-  America, 
ain,  left  their  native  land,  to  seek  on  these  shores  a  resi- 
dence for  civil  and  religious  freedom.    At  the  expense  of 
their  blood  at  the  hazard  of  their  fortunes,  without  the 


564  THE   GOVERNMENTAL    HISTORY   OP 

Part  III.  ouigin  and  causes  of  the  revolution. 

The  coio-  least  charge  to  the  country  from  which  they  removed, 
gress  at  hy  uiiceasiiig  labour  and  an  unconquerable  spirit,  they 
riiiiadei-    effected  settlements  in    the  distant    and  inhospitable 

pluii,  May        .  ^ 

10,  ivVo.  wilds  of  America,  then  filled  with  numerous  and  war- 
Manifesto  like  nations  of  barbarians.     Societies  or  governments, 

on  taking  -,        •  i  f  -i       •  -i  '  r.i 

up  arms,     vcstcd  With  pertcct  legislatures,  were  formed  under 
Jd^e'th     charters  from  the  crown,  and  an  harmonious  inter- 
course was  established  between  the  colonies  and  the 
kingdom  from  which  they  derived  their  origin. 

"  The  mutual  benefits  of  this  union  became  in  a  short 
time  so  extraordinary  as  to  excite  astonishment.     It  is 
Tiniversally  confessed  that  the  amazing  increase  of  the 
wealth,  strength,  and  navigation  of  the  realm,  arose 
from  this  source  ;  and  the  minister,  who  so  wisely  and 
Benefits     succcssfully  directed  the  measures  of  Great  Britain  in 
Eu'^bi^/^  the    late   war,  publicly   declared   that   these    colonies 
from  tiie     enabled  her  to  triumph  over  her  enemies.     Towards 
the  conclusion  of  that  war,  it  pleased  our  sovereign  to 
make  a  change  in  his  councils.     From  that  fatal  mo- 
ment, the  affairs  of  the  British  empire  began  to   fall 
into  confusion,  and,  gradually  sliding  from  the  sunnnit 
of  glorious  prosperity  to  which  they  had  been  advanced 
by  the  virtues  and  abilities  of  one  man,  are  at  length 
distracted  by  the  convulsions  that  now  shake  it  to  its 
Conduct  of  deepest  foundations.      The  new  ministry  finding  the 
"'^'"'^iyjj^^J)rave  foes  of  Britain,  though  frequently  defeated,  yet 
colonies,     ^till  contending,  took  lip  the  unfortunate  idea  of  grant- 
ing them  a  hasty  peace,  and  then  subduing  her  faithful 
friends.     These  devoted  colonies  were  judged  to  be  in 
such  a  state  as  to  present  victories  without  bloodshed, 
and   all  the   easy  emoluments  of  statutable  plunder. 
The  uninterrupted  tenor  of  their  peaceable  and  respect- 
ful behaviour  from  the  beginning  of  colonization ;  their 
dutiful,  zealous,  and  useful  services  during  the  war, 
though  so  recently  and  amply  acknowledged  in  the 
most  honorable  manner  by  his  majesty,  by  the  late  king, 
and  by  parliament,  could  not  save  them  from  the  medi- 
tated innovations.     Parliament  was  influenced  to  adopt 


THE   UNITED   STATES   OP   AMERICA.  565 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaUT    III. 

the  pernicious  project,  and,  assuming  a  new  power  over  The  colo- 
them,  have  in  the  course  of  eleven  years  given  such  "J^J^J*^"" 
decisive   specimens    of    the    spirit    and    consequences  I'liHadui- 
attending  tliis  power,  as  to  leave  no  doubt  concerning  j^j'^'j^^g^ 
the  effects  of  acquiescence  under  it.     They  have  under-  Manifosto 
taken  to  give  and  grant  our  money  without  our  consent,  up  arms, 
thouffh  we  ever  exercised  an  exclusive  right  to  dispose  adopted 
of  our  own  property  ;  statutes  have  been  passed  for  ex- 
tending the  jurisdiction  of   courts  of   admiralty  and 
vice  admiralty  beyond  their  ancient  limits  ;  for  depriv- 
ing ns  of  the  accustomed  and  inestimable  privilege  of 
trial  by  jury  in  cases   afiecting  both  life  and  property  ;  Infringe- 
for  suspending  the  legislature  of  one  of  the  colonies ;  ^^tiieij. 
for  interdicting  all  commerce  to  the  capital  of  another  ;  rights  by 
and  for  altering  fundamentally  the  form  of  government  meut. 
established  by  charter,  and  secured  by  acts  of  its  own 
legislature  solemnly  confirmed  by  the  crown ;  for  ex- 
empting the  "murderers"  of  colonists  from  legal  trial, 
and  in  efiect,  from  punishment ;  for  erecting  in  a  neigh- 
boring province,  acquired  by  the  joint  arms  of  Great 
Britain  and  America,  a  despotism  dangerous  to  oiir 
very  existence ;  and  for  quartering  soldiers  upon  the 
colonists  in  time  of  profound  peace.     It  has  also  been 
resolved   in   parliament,   that   colonists  charged  with 
committing  certain   offences,  shall  be  transported  to 
England  to  be  tried. 

"  But  why    should   we   enumerate   our  injuries  in  Enumera- 
detail  ?     By  one  statute  it  is  declared,  that  parliament  f^^^j^g  ^^' 
can  '  of  right  make  laws  to  bind  us  in  all  cases  u'luUso-^dsofpsiT- 
ever.''     What  is   to  defend  us  against  so  enormous,  so 
unlimited  a  power  ?     Not  a  single  man  of  those  who 
assume  it,  is  chosen  by  us  ;  or  is  subject  to  our  control 
or  influence  ;  but  on  the  contrary  they  are  all  of  them 
exempt  from  the  operation  of  such  laws  ;  and  an  Amer- 
ican revenue^  \^  not  diverted  from  the  ostensible  pur-xhereve- 
poses  for   which   it  is  raised,  would  actually  ligl^ten  ^^'°  P^'^^^^^ 
their  own  burdens  in  proportion  as  they  increase  ours,  forccment. 
We  saw  the  misery  to  which  such  despotism  would 


566  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.  origin  and  causes  of  the  revolution. 

The  coio-  reduce  us.     "We  for  ten  years  incessantly  and  ineffect- 

gress  at"  ^^^^b'  Ijcsicged  tlic  tlironc  as  supplicants ;  we  reasoned, 

rhiiadei-  we  remonstrated  with  parliament  in  the  most  mild  and 

10^1775."''  decent    language.     Administration,    sensible   that   we 

Manifesto  should  regard  these  oppressive  measures  as  freemen 

uparmsf  Ought  to  do,  scnt  ovor  fleets  and  armies  to  enforce 

adopted  thcm.     The  indignation  of  the  Americans  was  roused, 

July  6th.     ....  ' 

it  is  true ;  but  it  was  the  indignation  of  a  virtuous, 

loyal,  and  affectionate  people.     A  congress  of  delegates 

*The  colo-fi'oii^  tl^G  united  colonies  was  assembled  at  Philadelphia 

"ress^  of"  ^^^  *^^°  ^^^^^  ^^^  ^^  ^^^*  September.*  We  resolved  again 
11U.  to  offer  an  humble  and  dutiful  petition  to  the  king, 
and  also  addressed  our  fellow  subjects  of  Great  Britain. 
We  have  pursued  every  temperate,  every  respectful 
measure ;  we  have  even  proceeded  to  break  off  our 
commercial  intercourse  with  our  fellow  subjects  as  the 
last  peaceable  admonition,  that  our  attachment  to  no 
nation  on  earth  would  supplant  our  attachment  to  lib- 
erty. This  we  flattered  ourselves  was  the  ultimate 
step  of  the  controversy,  but  subsequent  events  have 
shown  how  vain  was  this  hope  of  finding  moderation  in 
our  enemies.  Several  threatening  expressions  against 
the  colonies  were  inserted  in  his  majesty's  speech :  Our 
petition,  though  we  were  told  it  was  a  decent  one,  and 
that  his  majesty  had  been  pleased  to  receive  it  gra- 
ciously, and  to  promise  laying  it  before  his  parliament, 
was  huddled  into  both  houses  among  a  bundle  of  Amer- 
ican papers,  and  there  neglected.  The  Lords  and  Com- 
mons in  their  address  in  the  month  of  February,  said, 
that  '  a  rebellion  at  that  time  actually  existed  in  the 
province  of  Massachusetts  Bay,  and  that  those  con- 
Massachu-  cerncd  in  it  had  been  countenanced  and  encouraged 
deckreYto^*y  unlawful  combinations,  and  engagements  entered 
be  in  a  jjito  by  his  majesty's  subjects  in  several  of  the  colonies, 
rebellion,  and  therefore  they  besought  his  majesty  that  he  would 
take  the  most  effectual  measures  to  enforce  due  obe- 
dience to  the  laws  and  authority  of  the  supreme  legis- 
lature.' " 


THE   UNITED    STATES   OP  AMERICA.  667 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

"  Soon  after,  the   commercial  intercourse  of  wliolo  The  colo- 

colonics  with  foreign  countries  was  cut  off  by  an  act  of  ^^^3  at' 

parhament ;  by  another,  several  of  them  were  entirely  I'lii'adci- 

prohibitcd  from    the   fisheries  in  the  ^eas  near  their  lo^  1775. 

coasts,  on  which  they  always  depended  for  their  sub- Manifesto 

sistence  ;  and  large  reinforcements  of  ships  and  troops  ^p  arms  ° 

were  immediately  sent  over  to  General  Gage.     Fruit- ^'i^P^i;^ 
•'  °       •  July  6th. 

less  were  all  the  entreaties,  arguments,  and  eloquence 

of  an  illustrious  band  of  the  most  distinguished  peers 
and  commoners,  who  nobly  and  strenuously  asserted 
the  justice  of  our  cause,  to  stay,  or  even  to  mitigate, 
the  heedless  fury,  with  which  these  accumulated  out- 
rages were  hurried  on.  Equally  fruitless  was  the  in- 
terference of  the  city  of  London,  of  Bristol,  and  many 
other  respectable  towns  in  our  favor.  Parliament 
adopted  an  insidious  manoeuver  calculated  to  divide  us, 
to  establish  a  perpetual  auction  of  taxations,  where 
colony  should  bid  against  colony,  all  of  tliem  unin- 
formed what  ransom  would  redeem  their  lives  ;  and  Acts  for 
thus  to  extort  from  us,  at  the  point  of  the  bayonet,  the  the*com-^ 
unknown  sums  that  would  be  sufficient  to  gratify,  if  merciai 

•  P  .    .  .    ,  .  .  ,      ,  .  policy  of 

possible  to  gratify,  ministerial  rapacity,  with  the  miser- taxation, 
able  indulgence  left  to  us  of  raising,  in  our  own  mode, 
the  prescribed  tribute.  What  terms  more  rigid  and  hu- 
miliating could  have  been  dictated  by  remorseless  vic- 
tors to  conquered  enemies  ?  In  our  circumstances  to 
accept  them,  would  be  to  deserve  them. 

"  Soon  after  the  intelligence  of  these  proceedings  ar- Move- 
rived   on   this   continent.  General    Gae-e,  who  in  the!?*^^*^?^ 

General 

course  of  the  last  year  had  taken  possession  of  Boston,  Gage  in 
in  the  province  of  Massachusetts  Bay,  and  still  occu-^^^*^°' 
pied  it  as  a  garrison,  on  the  nineteenth  day  of  April, 
sent  out  from  that  place  a  large  detachment  of  his  army, 
who  made  an  unprovoked  assault  on  the  inhabitants  of 
the    said   province,  at  the  town  of  Lexington — as  ap- 
pears by  the  affidavits  of  a  great  number  of  persons,  gict  at  Lex- 
some  of  whom  were  officers  and  soldiers  of  that  de-  "iKton  and 

Concord. 

tacliment — murdered    eight   of    the   inhabitants,   and 


568  THE  GOVERNMENTAL   HISTORY  OP 

Part  III.  origin  and  causes  of  the  revolution. 

The  cole-  wounded  many  others.     From  thence  the  troops  pro- 

!!!.?!':  o?"  ceeded  in  warlike  array  to  the  town  of  Concord,  where 

piiiiadci-  they  set  upon  another  party  of  the  inhabitants  of  the 

io''^i775^  same    province,   killing    several   and  wounding   more, 

Manifesto  until  Compelled  to  retreat  by  the  country  people,  sud- 

Upannsf  dcnly  assembled  to  repel  this  cruel  aggression.     Hos- 

adopted  tilitics  thus  Commenced  by  the  British  troops,  have  been 

July  6th.        .  Ill  -1 

snice  'prosecuted  by  them  without  regard  to  faith  or 
reputation.     The  inhabitants  of  Boston  being  confined 
within    that  town,  by  the  general  their  governor,  and 
having,  in  order  to   procure   their  dismission,  entered 
into  a  treaty  with  him ;  it  was  stipulated  that  the  said 
inhabitants,  having  deposited  their  arms  with  their  own 
magistrates,  should  have  liberty  to  depart,  taking  with 
them   their  own   effects.     They  accordingly  delivered 
up  their  arms,  but  in  open  violation  of  honor,  in  defi- 
ance of  the  obligation  of  treaties,  which  even  savage 
nations  esteem  sacred,  the  governor  ordered  the  arms, 
deposited  as  aforesaid  that  they  might  be  preserved  for 
their  owners,  to   be    seized   by  a  body  of  soldiers,  de- 
tained the  greatest  part  of  the  inhabitants  in  the  town, 
and  compelled  the  few  who  were  permitted  to  retire, 
to  leave  their   most  valuable  effects  behind.     By  this 
Perfidy  of  perfidy,  wives  are  separated  from  their  husbands,  cliil- 
age.  ^^^^^  ^YOYO.  their  parents,  the  aged  and  sick  from  their 
relations  and  friends  who  wish  to  attend  and  comfort 
them ;   and  those  who  have  been  used  to  live  in  plenty, 
and  even  elegance,  are  reduced  to  deplorable  distress  : 
His  proc-    The  general,  further  emulating  his  ministerial  masters, 
agdnsr    ^y  a  proclamation  bearing  date  on  the  twelfth  day  of 
ifass.  Bay.  June,  after  venting  the  grossest  falsehoods  and  calum- 
nies against  the  good  people  of  these  colonies,  proceeds 
to  declare  them  all,  either  by  name  or  description,  to  be 
rebels  and  traitors;  to  supersede  the  course  of  the  com- 
mon law,  and  instead  thereof  to  publish  and  order  the 
Butcheries  use  of  the  law  martial.     His  troops  have  butchered  our 
flagra-""     couutrymcn,  have  wantonly  burnt  Charlcstown,  besides 
tions.         r^  considerable  number  of  houses  in  other  places ;  our 


THE   UNITED   STATES   OP   AMERICA.  569 

THK    COMMERCIAL    SYSTKM    OF    TAXATION.  PaUT    III. 

ships  and  vessels  are  seized  ;  the  necessary  supplies  of  Tiie  coio- 
provisions  are  intercepted  ;  and  he  is  exerting  his  iit-j!,.y„j.  at" 
most  power  to  spread  destruction  and  devastation  i'''.i''^'^i^i- 
around  him.  We  have  received  certain  intelligence,  ki,  1775. 
that  General  Carleton,  the  governor  of  Canada,  is  in- ^lamfesto 

,  ,         1  'on  taking 

stigating  the  people  of  that  province,  and  the  Indians,  up  arms, 
to  fall  upon  us ;  and  we   have  but  too  much  reason  to  ju"y''^th 
apprehend  that  schemes  have  been  formed  to  excite  Combina- 
domesLic  enemies  against  us.     In  brief,  a  part  of  these !h°"p""\ 
colonies  now  feel,  and  all  of  them  are  sure  of  feeling,  and  in- 
as  far  as  the  vengeance  of  administration  can  inflict  '^"  ' 
them,  the    complicated  calamities  of  fire,  sword,  and 
famine. 

"  "We  are  reduced  to  the  alternative  of  choosing  an  The  neces- 
unconditional  submission  to  the   tyranny  of  irritated  p'^yp^^""™- 
ministers,  or  resistance   by  force.     The   latter  is  our  fence, 
choice.     We  have  counted  the  cost  of  this  contest,  and 
find  nothing  so  dreadful  as  voluntary  slavery.     Honor, 
justice,  and  humanity,  forbid  us  tamely  to  surrender 
that  freedom  which  we   received  from  our  gallant  an- 
cestors, and  which  our  innocent  posterity  have  a  right 
to  receive  from  us.     We  cannot  endure  the  infamy  and 
guilt  of  resigning  succeeding  generations  to  that  wretch- 
edness which  inevitably  awaits  them,  if  we  basely  entail 
hereditary  bondage   upon    them.     Our   cause   is  just. 
Our  union  is  perfect.     Our  internal  resources  are  great, 
and,  if  necessary,  foreign  assistance  is  undoubtedly  at- 
tainable.    We  gratefully  acknowledge  as  signal  instan- Recogni- 
ces  of  the  Divine  favour  towards  us,  that  his  providence  *'""  ^^'^"^ 

,  ,  .  ^  reliance 

would  not  permit  us  to  be  called  into  this  severe  con- upon  Prov- 
troversy,  until  we  were  grown  up  to  our  present  ^^^°^®" 
strength,  had  been  previously  exercised  in  warlike  oper- 
ations, and  possessed  of  the  means  of  defending  our- 
selves. With  hearts  fortified  with  these  animating  re- 
flections, WE  most  solemnly,  before  God  and  the  world, 
DECLARE,  that,  exerting  the  utmost  energy  of  those 
powers  which  our  beneficent  Creator  hath  graciously 
bestowed  upon  us,  the  arms  which  we  have  been  com- 


570 


THE   GOVERNMENTAL   HISTORY  OP 


Part  HI. 


ORIGIN    AND    CAUSES    OF    THE    REVOLCTION. 


The  colo- 
nial con- 
gress at 
Philadel- 
phia, May 
10,  iVro. 
Manifesto 
on  taking 
up  arms, 
adopted 
July  6th. 


They  do 
not  seek 
independ- 
ence. 


Conclu- 
sion. 


pelled  by  our  enemies  to  assume,  we  will,  in  defiance 
of  every  hazard,  with  unabating  firmness  and  persever- 
ance, employ  for  the  preservation  of  oiir  liberties ; 
being  with  one  mind  resolved  to  die  as  freemen  rather 
than  to  live  as  slaves. 

"  Lest  this  declaration  should  disquiet  the  minds  of 
our  friends  and  fellow-subjects  in  any  part  of  the  em- 
pire, we  assure  them  that  we  mean  not  to  dissolve  that 
union  which  has  so  long  and  so  happily  subsisted  be- 
tween us,  and  which  we  sincerely  wish  to  see  restored. 
Necessity  has  not  yet  driven  us  into  that  desperate 
measure,  or  induced  us  to  excite  any  other  nation  to 
war  against  them.  We  have  not  raised  armies  with 
ambitious  designs  of  separating  from  Great  Britain, 
and  establishing  independent  states.  We  fight  not  for 
glory  or  for  conquest.  We  exhibit  to  mankind  the  re- 
markable spectacle  of  a  people  attacked  by  unprovoked 
enemies,  without  any  imputation  or  even  suspicion  of 
offence.  They  boast  of  their  privileges  and  civilization, 
and  yet  proffer  no  milder  conditions  than  servitude  or 
death.  In  our  own  native  land ;  in  defence  of  the 
freedom  that  is  our  birthright,  and  which  we  ever 
enjoyed  till  the  late  violation  of  it ;  for  the  protection 
of  our  property,  acquired  solely  by  the  honest  industry 
of  our  forefathers  and  ourselves^  against  violence  ac- 
tually offered  ;  we  have  taken  up  arms.  We  shall  lay 
them  down  when  hostilities  shall  cease  on  the  part  of 
the  aggressors,  and  all  danger  of  their  being  renewed 
shall  be  removed,  and  not  before.  With  an  humble 
confidence  in  the  mercies  of  the  supreme  and  impartial 
Judge  and  Ruler  of  the  universe,  we  most  devoutly  im- 
plore his  Divine  goodness  to  protect  us  happily  through 
this  great  conflict,  to  dispose  our  adversaries  to  recon- 
ciliation on  reasonable  terms,  and  thereby  to  relieve 
the  empire  from  the  calamities  of  civil  war.' 


Such  were  the  sublime  and  exalted  motives  which 
influenced  the  representatives  of  the  American  people 


THE   UNITED   STATES   OP   AMERICA. 

571 

THE    COMMERCIAL    SYSTEM    OF    TAXATION. 

Part  III. 

ill  the  deliberations  of  this  congress,  and  such  the  causes  The  coio- 
w'hich  arrayed  the  colonies  in  arms  against  their  mother  "J.^gg'^at" 
country.     Tliey  had   now  arrived  near  to  that  crisis  Piiiiadcl- 
which  was  to  define  more  positively  their  position,  and  lo'^i^Ysf 
settle  for  ever  their  relations  with  the  parent  state  and 
with  each  other.     Although  the  idea  of  a  total  separa- 
tion of  themselves  from  all  dependence  upon  the  crown 
of  Great  Britain,  had  been  entertained  in  the  provin- 
cial assemblies  of  some  few  of  the  colonies,  the  ques- 
tion was  not  yet  agitated  in  the  congress,  nor  does  it 
seem  to  have   been  anticipated,  certainly  not  desired  or  Separation 
sought  for  by  them,  at  this  session.     This  is  apparent  !r°.f'.^''^^* 

o  .  .  liritain  not 

not  only  from  the  foregoing  manifesto,  but  also  from  aimed  at. 
all  their  other  proceedings.  Their  renewed  appeals  to 
the  king,  and  to  the  people  of  Great  Britain,  contain 
the  strongest,  most  earnest,  and  unequivocal  assuran- 
ces of  allegiance.  These,  it  is  true,  were  not  adopted 
without  opposition,  still  that  opposition  did  not  have 
its  origin  in  any  aim  or  desire  for  separation.  Those 
opposed  to  these  measures  contended,  "  that  the  last 
petition  of  the  congress  to  the  king,  contained  all  that 
their  unhappy  condition  could  suggest.  It  represented 
their  grievances,  implored  redress,  and  professed  their 
readiness  to  contribute  to  the  general  want,  to  the  ut- 
most of  their  abilities,  when  constitutionally  required. 
But  the  ungracious  reception  of  their  petitions  by  the 
khig,  by  ministry,  and  by  parliament,  seemed  to  close 
the  door  against  further  approach  to  them."  They  They  unite 
united,  however,  in  another  petition  to  his  maiesty  and*"  f".''tiifr 

^  ''       ''  petitioning 

another  address  to  the  people  of  Great  Britain.     As  the  crown, 
important  state  papers,  which  mark  their  progress  dur- 
ing the  transition  period  of  our  governmental  history, 
these  documents  become  a  part  of  this  work,  and  can- 
not fail  to  interest  and  instruct  the  reader. 

The  petition  to  the  king,  being  engrossed,  was  com- Petition  to 
pared  at  the  table,  and  signed  by  the  several  members,  *¥  '^'"i' 
Saturday,  July  eighth,  1775.     It  reads  as  follows,  viz. :  July  8th. 


3Y2  THE  GOVERNMENTAL   HISTORY   OF 


Part  III.  origin  and  causes  of  the  revolution. 


The  coio-  J,  rpQ  „jjg  King's  Most  Excellent  Majesty. 

nial  con- 

vwTa\     "  Most  Gracious  Sovereign  : 

phit May       '•  We,  your  majesty's  faithful  subjects  of  the  colonies 
10,  1775.    ^^  ^^^^  Hampshire  ;  Massachusetts  Bay  ;  Rhode  Island 
ITkul!'  and  Providence  Plantations  ;  Connecticut ;  New  York  ; 
Juw  8th     New  Jersey  ;  Pennsylvania  ;  the  counties  of  New  Cas- 
tle, Kent  and  Sussex,  on  Delaware;  Maryland;  Vir- 
ginia; North  Carolina  and  South  Carolina;  in  behalf 
of  ourselves  and  the  inhabitants  of  these  colomes,  who 
have  deputed  us  to  represent  them  in  general  congress, 
entreat  your  majesty's  gracious  attention  to  this  our 
humble  petition. 
Bencfitsof      "  The  union  between  our  mother  country  and  these 
their  union  ^QlQjjjgs^  and  the  energy  of  mild  and  just  government, 
Sdtaio."'"'  produced  benefits  so  remarkably  important,  and  afforded 
such  an  assurance  of  their  permanency  and  increase,  that 
the   wonder  and  envy  of  other  nations  were  excited, 
while  they  beheld  Great  Britain  rising  to  a  power  the 
most  extraordinary  the  world  had  ever  known. 

"  Her  rivals,  observing  that  there  was  no  probabihty 
of  this  happy  connection  being  broken  by  civil  dissen- 
sions, and  apprehending  its  future  effect  if  left  any 
longer  undisturbed,  resolved  to  prevent  her  receiving 
such  continual  and  formidable  accessions  of  wealth  and 
strength,  by  checking  the  growth  of  these  settlements 
from  which  they  were  to  be  derived. 

"  In  the  prosecution  of  this  attempt,  events  so  unfa- 
vorable to  the  design  took  place,  that  every  friend  to 
the  interest  of  Great  Britain  and  these  colonies,  enter- 
tained pleasing  and  reasonable  expectations  of  seemg 
an  additional  force  and  exertion  immediately  given  to 
the  operations  of  the  union  hitherto  experienced,  by 
an  enlargement  of  the  dominions  of  the  crown,  and  the 
Servicesof  removal  of  ancient  and  warlike  enemies  to  a  greater 
the  colo-     rlis;tance 

Jii^ch''"      "At  the  conclusion,  therefore,  of  the  late  war,*  the 
:^/763.      most  glorious  and  advantageous  that  had  ever  been 


THE  UNITED   STATES   OF  AMERICA.  573 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

carried  Oil  by  British  arms ;  your  loyal  colonists  hav-Thecolo- 
ing  contributed   to   its   success   by  such  repeated  and  !!|').!,^  ^"' 
strenuous  exertions  as  frequently  procured  them  the  I'liiiadei- 
distinguished  approbation  of  your  majesty,  of  the  late  lo'lvTsf 
king,  and  of  parliament,  doubted   not   but   that   they 
should  be  permitted,  with  the  rest  of  the  empire,  to  Petition  to 
share  in  the  blessings  of  peace,  and  the  emoluments  of  adopted' 
victory  and  conquest.  "^"'^  ^''^• 

"  While  these  recent  and  honorable  acknowledgments 
of  their  merits  remained  on  record  in  the  journals  and 
acts  of  that  august  legislature,  the  parliament,  unde- 
faced  by  the  imputation  or  even  the  suspicion  of  any 
offence,  they  were  alarmed  by  a  new  system  of  statutes 
and  regulations  adopted  for  the  administration  of  the 
colonies,  that  filled  their  minds  with  the  most  painful  Revenue 
fears  and  jealousies  ;  and,  to  their  inexpressible  aston-^^^'^^^"^^^ 
ishment,  perceived  the  danger'  of  a  foreign  quarrel 
quickly  succeeded  by  domestic  danger,  in  their  judg- 
ment of  a  more  dreadful  kind. 

"Nor  were  these  anxieties  alleviated  by  any  tendency  injurious 
in  this  system  to  promote  the  welfare  of  their  mother  ^  !^^^''^^ 

.  .  Britain. 

country.  For  though  its  effects  were  more  immediately 
felt  by  them,  yet  its  influence  appeared  to  be  injurious 
to  the  commerce  and  prosperity  of  Great  Britain. 

"We  shall  decline  the  ungrateful  task  of  describing  conduct  of 
the  irksome  variety  of  artifices  produced  by  many  of  ^^^°  .mm'^- 
your  majesty's  ministers,  the  delusive  pretences,  fruit-  premises, 
less  terrors,  and  unavailing  severities,  that  have,  from 
time  to  time,  been  dealt  out  by  them,  in  their  attempts 
to  execute  this  impolitic  plan,  or  of  tracing,  through  a 
series  of  years  past,  the  progress  of  the  unhappy  differ- 
ences between  Great  Britain  and  these  colonies,  that 
have  flowed  from  this  fatal  source. 

"  Your   majesty's    ministers,   persevering    in    their  compelled 
measures,  and  proceeding  to  open   hostilities  for  en-*'''?™'" 
forcing  them,  have  compelled  us  to   arm  in  our  own  fence, 
defence,  and  have  engaged  us  in  a  controversy  so  pe- 
culiarly abhorrent  to  the  affections  of  your  still  fiiithful 


574  THE   GOVERNMENTAL   HISTORY   OP 

Part  III.  origin  and  causes  of  the  revolution. 

The  coio-  colonists,  that  wheu  we  consider  whom  we  must  oppose 
mal  coil-  jj^  ^i^^g  contest,  and,  if  it  continues,  what  may  be  the 
rhiiadei-  conscquence,  our  own  particular  misfortunes  are  ac- 
lo'nTs!^^  counted  by  us  only  as  parts  of  our  distress. 
Petition  to  "Knowing  to  what  violent  resentments,  and  incura- 
Idopted'  ^^®  animosities,  civil  discords  are  apt  to  exasperate  and 
July  8th.  inflame  the  contending  parties,  we  think  ourselves 
Deplore  required,  by  indispensable  obligations  to  Almighty 
sityof self-God,  to  your  majesty,  to  our  fellow-subjects,  and  to 
defence,  ourselves,  immediately  to  use  all  the  means  in  our 
power,  not  incompatible  with  our  safety,  for  stopping 
the  further  effusion  of  blood,  and  for  averting  the 
impending  calamities  that  threaten  the  British  Empire. 
Their  re-  "  Tlius  called  upon  to  address  your  majesty  on  affairs 
his  majes-  of  such  moment  to  America,  and  probably  to  all  your 
*y*  dominions,  we  are  earnestly  desirous  of  performing 

this  office  with  the  utmost  deference  for  your  majesty ; 
and  we  therefore  pray  your  majesty's  royal  magnanim- 
ity and  benevolence  may  make  the  most  favorable  con- 
struction of  our  expressions  on  so  uncommon  an 
occasion.  Could  we  represent  in  their  full  force  the 
sentiments  that  agitate  the  minds  of  us  your  dutiful 
subjects,  we  are  persuaded  your  majesty  would  ascribe 
any  seeming  deviation  from  reverence  in  our  language, 
and  even  in  our  conduct,  not  to  any  reprehensible 
intention,  but  to  the  impossibility  of  reconciling  the 
usual  appearances  of  respect  with  a  just  attention  to 
our  own  preservation  against  those  artful  and  cruel 
enemies  Avho  abuse  your  royal  confidence  and  author- 
ity, for  the  purpose  of  effecting  our  destruction. 
Attach-  "Attached   to   your   majesty's   person,  family,  and 

Se"crown.  government,  with  all  the  devotion  that  principle  and 
affection  can  inspire  ;  connected  with  Great  Britain  by 
the  strongest  ties  that  can  unite  societies,  and  deplor- 
ing every  event  tliat  tends  in  any  degree  to  weaken 
Perpetual  them ;  we  solemnly  assure  your  majesty,  that  we  not 
union  to     only  most  ardently  desire  the  former  harmony  between 
desired,     her  and  these  colonies  may  be  restored,  but  that  con- 


THE   UNITED   STATES   OP   AMERICA.  575 

THK    COMMKRCIAL    SYSTEM    OF    TAXATION.  1'aRT    III. 

cord  may  be  established  between  them  upon  so  firm  a  The  coio- 
basis,  as  to  perpetuate  its  blessings,  uninterrupted  by  "J.''.  J*^"' 
any  future  dissensions,  to  succeeding  generations   in  i'''iiadel- 

,       ,  .  T.J  -i  '      .    1  P'''=i>  May 

both  countries  ;  and  to  transmit  your  majesty  s  name  m^  1775. 

to  posterity,  adorned  with  tliat  signal  and  lasting  glory 

that  has  attended  the  memory  of  those  illustrious  per-.^'^„*'|'.°°  *** 

>'  '■         tae  King, 

sonages,  whose  virtues  and   abilities  have  extricated  adopted 
states  from  dangerous  convulsions,  and,  by  securing  "  ^ 
happiness  to  others,  have  erected  the  most  noble  and 
durable  monuments  to  their  own  fame. 

"We  beg  leave  further  to  assure  your  majesty,  that Reassuran- 
notwithstanding  the  sufferings  of  your  loyal  colonists  g^an^^g.* 
during  the  course  of  this  present  controversy,  our 
breasts  retain  too  tender  a  regard  for  the  kingdom 
from  which  we  derive  ^our  origin,  to  request  such  a 
reconciliation  as  might  in  any  manner  be  inconsistent 
with  her  dignity  or  her  welfare.  These,  related  as  we 
are  to  her,  honor  and  duty,  as  w^ell  as  inclination, 
induce  us  to  support  and  advance ;  and  the  apprehen- 
sions that  now  oppress  our  hearts  with  unspeakable 
grief  being  once  removed,  your  majesty  will  find  your 
faithful  subjects  on  this  continent  ready  and  willing  at 
all  times,  as  they  have  ever  been,  with  their  lives  and 
fortunes,  to  assert  and  maintain  the  rights  and  inter- 
ests of  your  majesty,  and  of  our  mother  country.  We 
therefore  beseech  your  majesty,  that  your  royal  author-  ^^''^^..^'°'', 
ity  and  influence  may  be  graciously  interposed  to  pro- interfer- 
cure  us  relief  from  our  afflicting  fears  and  jealousies,  ^°^®' 
occasioned  by  the  system  before  mentioned,  and  to 
settle  peace  through  every  part  of  your  dominions  ; 
with  all  humility  submitting  to  your  majesty's  wise 
consideration,  whether  it  may  not  be  expedient  for 
facilitating  those  important  purposes,  that  your  majesty 
be  pleased  to  direct  some  mode  by  which  the  united 
applications  of  your  faithful  colonists  to  the  throne,  in 
pursuance  of  their  common  councils,  may  be  improved 
into  a  happy  and  permanent  reconciliation  ;  and  tliat, 
in  the  mean  time,  measures  may  be  taken  for  prevent- 


576  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.  ouioin  and  causes  of  the  revolution. 

The  colo-   ing  the  further  destruction  of  the  lives  of  your  majes- 
gress  at      ^^'^  subjects  ;  and  that  such  statutes  as  more  immedi- 
Phiiadei-    atelj  distress  any  of  your  majesty's  colonies  may  be 
10,  hib.    repealed.     For  by  such  arrangements  as  your  majesty's 
wisdom  can   form  for  collecting  the  united  sense  of 
your  American  people,  we  are  convinced  your  majesty 
would  receive  such  satisfactory  proofs  of  the  disposi- 
tion of  the  colonists  toward  their  sovereign  and  parent 
state,  that  the  wished  for  opportunity  would  soon  be 
restored   to  them,  of  evincing  the  sincerity  of   their 
professions,  by  every  testimony  of  devotion  becoming 
the  most  dutiful  subjects  and  the  most  affectionate  col- 
onists. 
Conclusion      "That  your   majesty  may   enjoy    a  long  and  pros- 
tition^to '  parous  reign,  and  that  your  descendants  may  govern 
the  king,    your  dominions  with  honor  to  themselves  and  happi- 
ness to  their  subjects,  is  our  sincere  prayer." 


The  address  to  the  inhabitants  of  Great  Britain  was 
read  before  tlie  congress  on  the  same  day,  debated  by 
paragraphs,  and  approved,  as  follows,  viz. : 

*  Georgia    "  The  TWELVE   UNITED    COLONIES,*  BY   THEIR  DELEGATES 

seutcd^'*^"     ^^  Congress,  to  the  Inhabitants  of  Great  Britain: 
Address  to      "Friends,   Countrymen,   and  Brethren!     By  these, 
itants'of^'  ^^^^  ^^^  every  other  appellation  that  may  designate  the 
Great  Brit-  ties  wliich   bind  us  to  eacli   other,  we    entreat   your 
edJulyStlh  serious  attention  to  this  our  second  attempt  to  prevent 
their  dissolution.     Remembrance  of  former  friendships, 
})ride  in  the   glorious  achievements  Of   our  common 
General  in- ancestors,  and  affection  for  the  heirs  of  their  virtues, 
appeaf '^'^  have  hitherto  preserved  our  mutual  connection ;  but 
when  that  friendship  is  violated  by  the  grossest  inju- 
ries ;  when  the  pride  of  ancestry  becomes  our  reproach, 
and  we   arc  no  otherwise  allied  than  as  tyrants  and 
slaves ;  when  reduced  to   the  melanclioly  alternative 
of  renouncing  your  favor  or  our  freedom,  can  we  hesi- 
tate about  the  choice  ?     Let  the  spirit  of  Britons  de- 
termine. 


THE   UNITED    STATES   OF  AMERICA.  677 

THE    COMMERCIAL    SYSTKM    OF    TAXATION.  PaRT    III. 

"  In  a  former  address*  we  asserted  our  riglits,  and  The  colo- 
stated  the  iniuries  we  had  then  received.  We  hoi)ed  ''!.?.J".?' 
that  the  mention  of  our  wrongs  would  have  roused  riiiiadel- 
that  honest  indignation  which  lias  slept  too  long  for  lo^  1775; 
your  honor,  or  the  welfare  of  the  Empire.     But  we  ^^^d'cssto 

•'  '  ,  ,  ^  .  the  inJiabi- 

liave  not  been  permitted  to  entertain  this  pleasing  cx-tantsof 
pectation.      Every   day  brought  an  accumulation  of  ain^adopt* 
iniuries,  and  the  invention  of  the  ministry  has  been  ed  July 

8th 

constantly  exercised,  in   adding  to  the   calamities  of  ^  ^  ^.j^ 
your  American  brethren.  congresa 

"After  the  most  valuable  right  of  legislation  was 
infringed;  when  the  powers  assumed  by  your  parlia- 
ment, in  which  we  are  not  represented,  and  from  our 
local  and  other  circiimstances  cannot  properly  be  rep- 
resented, rendered  our  property  precarious ;  after  being 
denied  that  mode  of  trial  to  which  we  have  long  been  ^,  . 

°  Their  op- 

indebted  for  the  safety  of  our  persons,  and  the  prescr- pressions 
vatioii  of  our  liberties ;  after  being,  in  many  instances,  ^gfr  n  e 
divested  of  those  laws  which  were  transmitted  to  us  by 
our  common  ancestors,  and  subjected  to  an  arbitrary 
code,  compiled  under  the  auspices  of  Roman  tyrants; 
after  those  charters  which  encouraged  our  predecessors 
to  brave  death  and  danger  in  every  shape,  on  unknown 
seas,  in  deserts  unexplored,  amidst  barbarous  and  inhos- 
pitable nations,  were  annulled;  when,  without  the  form 
of  trial,  without  a  public  accusation,  whole  colonies 
were  condemned,  their  trade  destroyed,  their  inhabit- 
ants impoverished ;  when  soldiers  were  encouraged  to 
imbrue  their  hands  in  the  blood  of  Americans,  by  offers 
of  impunity  ;  when  new  modes  of  trial  were  instituted 
for  the  ruin  of  the  accused,  where  the  charge  carried 
with  it  the  horrors  of  conviction;  when  a  despotic 
government  was  established  in  a  neighbouring  province,!  f  Canada, 
and  its  limits  extended  to  every  of  our  frontiers;  Ave 
little  imagined  that  anything  could  be  added  to  this 
black  catalogue  of  unprovoked  injuries:  But  we  have 
unhappily  been  deceived,  and  the  late  measures  of  the 
37 


578  THE   GOVERNMENTAL   HISTORY   OF 


Part  III.  origin  and  causes  of  thk  revolution. 


The  coio-    Britisli  ministry  fully  conviiicG  us  that  their  obiect  is 

nial  con-        ,  i       j^-  f  ,i  i       • 

gress  at     tliG  rccluction  ot  thcsG  colouies  to  slavery  and  ruin. 
phk^Ma         '"^^  confirm  this  assertion,  let  us  recall  your  atten- 
10, 1115.    tion  to  the  affairs  of  America  since  our  last  address, 
the  iniiabu  ^^^  "^  combat  the  calumnies  of  our  enemies,  and  let 
tants  of     us  wam  you  of  the  dano-ers  that  threaten  you  in  our 

Great  Brit-  .      ^         ^.  ,r  o  o  ■,-,  ,  .  , 

aiu,  adopt-  destruction.  Many  ot  your  fellow-subjects,  whose  situ- 
sth"^*^^^  ation  deprived  them  of  other  support,  drew  their  main- 
Designs  of  tenance  from  the  sea;  but  the  deprivation  of  our  liberty 
minigtry,    being  insufficient  to  satisfy  the  resentment  of  our  ene- 

developed        .  \ 

since  the    mies,  the  horrors  of  famine  were  superadded,  and  a 
dresT'^  ^^'  ^^'^t^^^^  parliament,  who,  in  better  times,  were  the  pro- 
Depriva-     tectors  of  innocciice  and  the  patrons  of  humanity,  have, 
tion  of  the  ^^jthout  distinction  of  age  or  sex,  robbed  thousands  of 
the  food  which  they  were  accustomed  to  draw  from  that 
inexhaustible  source,  placed  in  their  neighbourhood  by 
the  benevolent  Creator. 
Restraints       "Another  act  of  your  legislature  shuts  our  ports,  and 
upon  trade.  ppQ^ibj^g  Q^|p  trade  with  any  but  those  states  from  whom 
the  great  law  of  self-preservation  renders  it  absolutely 
necessary  that  we  should  at  present  withhold  our  com- 
merce.    But  this  act  (whatever  may  have  been  its  de- 
sign) we  consider  rather  as  injurious  to  your  opulence 
Cessation    than  our  interest.     All  our  commerce  terminates  with 
merce"       J'^^^^  ^^^^  ^^^^  wealth  we  procure  for  other  nations,  is 
soon  exchanged  for  your  superfluities.     Our  remittances 
must  then  cease  with  our  trade,  and  our  refinements 
with  our  affluence.     We  trust,  however,  that  laws  which 
deprive  us  of  every  blessing,  but  a  soil  that  teems  with 
the  necessaries  of  life  and  that  liberty  which  renders 
the  enjoyment  of  them  secure,  will  not  relax  our  vigor 
in  their  defence. 

"We  might  here  observe  on  the  cruelty  and  incon- 
sistency of  those,  who,  while  they  publicly  brand  us 
with  reproachful  and  unworthy  epithets,  endeavor  to 
Military      de})rive  us  of  the  means  of  defence,  by  their  interposi- 
oppres-      ^Iqj^  ^yi^i^  foreign  powers,  and  to  deliver  us  to  the  law- 
less  ravages  of  a  merciless  soldiery.     But  happily  wo 


THE   UNITED   STATES   OP   AMERICA.  579 

THE    COMMEUCIAI.    SYSTEM    OF    TAXATION.  PaRT    III. 

arc  not  without  resources,  and  though  the  timid  and  Tiic  colo- 
humiliating  applications  of  a  British  ministry  shoukLlre.s  at 
prevail  with  foreign  nations,  yet  industry,  prompted  by  J^tl'' tity 
necessity,  will  not  leave  us  without  the  necessary  sup- in,  ina. 

,.  A(l(lix'5!S  to 

plies.  the  inhabi- 

"  We  could  wish  to  go  no  further,  and,  not  to  wound  tauts  of 

,  ,  T    , ,  •  i     (iieat  Brit- 

the  car  of  humanity,  leave  untold  those  rigorous  acts  ^i^^  adopt- 
of  oppression,  which  arc  daily  exercised  in  the  town  of  g^j^'^''^^ 
Boston,  did  we  not  hope,  that  by  disclaiming  their  deeds 
and  punishing  the  perpetrators,  you  would  shortly  vin- 
dicate the  honor  of  the  British  name,  and  re-establish 
the  violated  laws  of  justice. 

"That  once   populous,  flourishing   and   commercial 
town,  is  now  garrisoned  by  an  army  sent  not  to  protect, 
but  to  enslave  its  inhabitants.     The  civil  government  is  " 
overturned,  and  a  military  despotism  erected  vipon  its 
ruins.     Without  law,  without  right,  powers  are  assumed  Opprcs- 
unknown  to  the  constitution.     Private  property  is  un- Boston. 
justly  invaded.     The  inhabitants,  daily  subjected  to  the 
licentiousness  of  the  soldiery,  are  forbid  to  remove  in 
defiance  of  their  natural  rights,  in  violation  of  the  most 
solemn  compacts.     Or  if,  after  long  and  wearisome  soli-  Condition 
citation,  a  pass  is  procured,  their  effects  are  detained,  g^y/^^^* 
and  even  those  who  are  most  favored,  have  no  alterna- 
tive but  poverty  or  slavery.     The  distress  of  many 
thousand  people,  wantonly  deprived  of  the  necessaries 
of  life,  is  a  subject  on  which  we  would   not  wish  to 
enlarge. 

"  Yet  we  cannot  but  observe,  that  a  British  fleet  (un-  Aggres- 
justified  even   by  acts  of  your  legislature)  are  daily  p^^j"?^^     ® 
employed  in  ruining  our  commerce,  seizing  our  ships,  fleet. 
and  depriving  whole  communities  of  their  daily  bread. 
Nor  will  a  regard  for  your  honor  permit  us  to  be  silent, 
while  British  troops  sully  your  glory,  by  actions  which 
the  most  inveterate  enmity  will  not  palliate  among  civ-  Destmc- 
ilized  nations,  the  wanton  and  unnecessary  destruction  ^'|^"j.°^>g. 
of  Charlestown,  a  large,  ancient,  and  once  populous  town. 


580  THE   GOVERNMENTAL   HISTORY   OF 

PaUT    III.  ORIGIN    AND    CAUSKS    OP    THE    RETOLUTION. 

The  coio-  town,  just  before  deserted  by  its  inhabitants,  who  had 
giess  at  fled  to  avoid  the  fury  of  yonr  soldiery. 
'^?-^''^if''  '^^^  ^°^  ^^^^^  retain  those  sentiments  of  compassion 
10, 1775. '  by  which  Britons  have  ever  been  distinguished,  if  the 
the'^SaiS  ^^"^^^^"^^^  which  tempered  the  vafor  of  our  common 
tants  of  ancestors  has  not  degenerated  into  cruelty,  you  will 
ain,  adopt-  lament  the  miseries  of  their  descendants, 
cd  July  uTq  ^^1j^^  are  we  to  attribute  this  treatment?     If  to 

any  secret  principle  of  the  constitution,  let  it  be  men- 
No  cause    tioiied.     Let  us  learn  that  the  government  we  have  long 
treatoent.  ^^evercd,  is  not  without  its  defects,  and  that  while  it 
gives  freedom  to  a  paj-t,  it  necessarily  enslaves  the 
remainder  of  the  empire.     If  such  a  principle  exists, 
why  for  ages  has  it  ceased  to  operate  ?     Why  at  this 
time  is  it  called  into  action  ?    Can  no  reason  be  assigned 
for  this  conduct  ?     Or  must  it  be  resolved  into  the  wan- 
ton exercise  of  arbitrary  power  ?    And  shall  the  descend- 
Further     ants  of  Britons  tamely  submit  to  this?     No,  sirs!     We 
impossfbir  ^^^'^'cr  will.     While  we  revere  the  memory  of  our  gal- 
lant and  virtuous  ancestors,  we  never  can   surrender 
those  glorious  privileges  'for  which  they  fought,  bled, 
-^        and  conquered.     Admit  that  your  fleets  could  destroy 
our  towns,  and  ravage  our  sea-coasts ;  these  are  incon- 
siderable objects,  things  of  no  moment,  to  men  whose 
bosoms  glow  with  the  ardour  of  liberty.     We  can  retire 
beyond  the  reach  of  your  navy,  and,  without  any  sen- 
sible diminution  of  the  necessaries  of  life,  enjoy  a  lux- 
ury, which  from  that  period  you  will  want — the  luxury 
of  being  free. 

"We  know  the  force  of  your  arms,  and  was  it  called 
forth  in  the  cause  of  justice  and  your  country,  we  might 
Appeal  to  dread  the  exertion;  but  will  Britons  fight  under  the 
^etn  as  banners  of  tyranny?  Will  they  counteract  the  labours, 
and  disgrace  the  victories  of  their  ancestors?  Will 
they  forge  chains  for  their  posterity  ?  If  they  descend 
to  this  unworthy  task,  will  their  swords  retain  their 
edge,  their  arms  their  accustomed  vigor?  Britons  can 
never  become  the  instruments  of  oppression  till  they 


THE   UNITED    STATES   OF   AMERICA.  581 

THE    COMMEUCIAL    SYSTEM    OK    TAXATION.  PaUT    III. 

losG   the  spirit  of  freedom,  by  which  alone    tliey  are  The  coio- 

.,  1  nial  con- 

invincible.  ^,^,^  at 

"  Our  enemies  charcre  us  with  sedition.     In  what  does  i'l'i'iiiii;!- 

•  •      o      T  1  1       •  plua,  May 

it  consist?     In  our  relusal  to  submit  to  unwarrantable  lu,  1775. 
acts  of  injustice  and  cruelty?     If  so,  shew  us  a  period  ^'i^i''<"*s  to 

.  ,  ,-     the  inhabi- 

in  your  history,  in  which  you  have  not  been  equally  tants  of 
seditious.  ^.'"'''^  ?"*' 

ain,  adopt- 

"Wc  arc  accused  of  aiming  at   independence,  butcdJuiysth. 
how  is  this  accusation  supported  ?     By  the  alleo;ations  '^]^^  charge 

^  ^  .  "^  ^.         ,01  sedition. 

of  your  ministers,  not  by  our  actions.  Abused,  insult- 
ed, and  contemned — what  steps  have  we  pursued  to,^jj^™'"^ 
obtain  redress.  We  have  carried  our  dutiful  petitions  pcndence. 
to  the  throne:  We  have  applied  to  your  justice  for 
relief:  We  have  retrenched  our  luxury  and  withheld 
our  trade:  The  advantages  of  our  commerce  were 
designed  as  a  compensation  for  your  protection :  When 
you  ceased  to  protect^  for  what  were  we  to  compensate  ? 

"  What  has  been  the  success  of  our  endeavors  ?     The  Treatment 
clemency  of  our  sovereign  is,  unhappily,  diverted  :    Our  petitions. 
petitions  are  treated  with  indignity,  our  prayers  an- 
swered by  insults  :      Our  application  to  you  remains  un- 
noticed, and  leaves  us  the  melancholy  apprehension  of 
your  wanting  either  the  will  or  the  power  to  assist  us. 
Even  under  these  circumstances,  what  measures  have 
we  taken  that  betray  a  desire  for  independence  ?     Have  Have 
we  called  in  the  aid  of  those  foreign  powers  who  are  shown  no 

dGsiFG  for 

the  rivals  of  your  grandeur  ?     When  your  troops  were  independ- 
few  and  defenceless,  did  we  take  advantage  of  their  ^°°®' 
distress  and  expel  them  our  towns  ?     Or  have  we  per- 
mitted them  to  fortify,  to   receive   new  aid,  and  to 
acquire   additional  strength  ?     Lot  not  your  enemies 
and  ours  persuade  you  that  in  .this  we  were  influenced 
by  fear,  or  any  unworthy  motive.     The  lives  of  Britons  -^ttach- 
are  still  dear  to  us.     They  are  the  children  of  our  their  Eng- 
parcnts,  and  an   uninterrupted  intercourse  of  mutual  ''^^  ^reth- 
benefits  had  knit  the  bonds  of  friendship.     When  lios-  The  affair 
tilities  were  commenced,  when  on  a  late  occasion  we  "o„^and°^' 
were  wantonly  attacked   by  your  troops,  though  we  Concord. 


future  con 
duct. 


582  THE   GOVERNMENTAL    HISTORY   OF 

Part  III.  origin  and  causes  of  the  revolution. 

The  coio-  repelled  their  assaults  and  returned  their  blows,  yet  we 
gress  at'  lo^i'icnted  the  ivounds  they  obliged  us  to  give  ;  nor  have 
Phiiadei-    we  yet  learned  to  rejoice  at  a  victory  over  Englishmen. 

phia,  May         ,,.  .,  .    ^  ,  .  ,.. 

10,  1175.  -^s  we  Wish  not  to  colour  our  actions,  or  disguise 

Address  to  our  thoughts,  WO  shall,  in  the  simple  language  of  truth, 

the  inhab-  , i  ,  t     ,  i  ,  • 

itants  of  ^vow  the  mcasurcs  we  have  pursued,  the  motives  upon 
Great  Brit-  -which  we  liave  acted,  and  our  future  designs. 

aiu,  adopt-  ° 

edJuiySth.      "  When  our  late  petition  to  the  throne  produced  no 
other  effect  than  fresh  injuries,  and  votes  of  your  legis- 
lature, calculated  to  justify  every  severity ;  when  your 
fleets  and  your  armies  were  prepared  to- wrest  from  us 
our  property,  to  rob  us  of  our  liberties,  or  our  lives ; 
Past,  pres-  -when  the  hostile  attempts  of  General  Gage  evinced  his 
proposed    dcsigus  ;  WO  levied  armies  for  our  security  and  defence. 
When  the  powers  vested  in  the  governor  of  Canada 
gave  us  reason  to  apprehend  danger  in  that  quarter, 
and  we  had  frequent  intimations  that  a  cruel  and  sav- 
age enemy  was  to  be  let  loose  upon  the  defenceless 
inhabitants  of  our  frontiers,  we  took  such  measures  as 
prudence  dictated,  as  necessity  will  justify.     We  pos- 
Their  ob-    scssed  ourselvesof  0/*oiOTi  Pom^  and  Ticonderoga.     Yet 
ject  recon-p-iye  ^^g  leave  most  solemnly  to  assure  you,  that  we  have 

ciliation.      °  ,  .    ,  «    ,  ,  .  ■,  11. 

not  yet  lost  sight  oi  the  object  we  have  ever  had  in 
view — a  reconciliation  with  you  on  constitutional  prin- 
ciples, and  a  restoration  of  that  friendly  intercourse, 
which,  to  the  advantage  of  both,  we  till  lately  main- 
tained. 
Comraer-  "  The  inhabitants  of  this  country  apply  themselves 
tioLs  wUh  chiefly  to  agriculture  and  commerce.  As  their  fashions 
England,  and  manners  are  similar  to  yours,  your  markets  must 
afford  them  the  conveniences  and  luxuries  for  which 
they  exchange  the  produce  of  their  labours.  The 
wealth  of  this  extended  continent  centres  with  you  ; 
and  our  trade  is  so  regulated  as  to  be  subservient  only 
to  your  interest.  You  are  too  reasonable  to  expect, 
that  by  taxes  (in  addition  to  this)  we  should  contrib- 
ute to  your  expense  ;  to  believe,  after  diverting  the 
fountain,  that  the  streams  can  flow  with  unabated  force. 


THE    UNITED    STATES    OF    AMERICA.  683 

THK    COMMERCIAL    SYSTEM    OF    TAXATION.  PaUT    III. 

^^ It  has  been  said  that  we  refuse  to  submit  to  the  re- The  co]o- 
strictions  on  our  commerce.     From  whence  is  this  infer- "'.'^^^""" 

f^l  OSS  tit 

once  drawn  ?     Not  from  our  words,  we  hare  repeat-  I'liiiadei- 
cdly  declared  the  contrary,  and  we  again  profess  our  lo^  1775, 
submission  to  the  several  acts  of  trade  and  navigation.  Address  to 
passed  before  the  year  1763  ;  trusting,  nevertheless,  in  it^its  of 
the  equity  and  justice  of  parliament,  that  such  of  them  ^.'"'it  ^'''t- 
as,  upon  cool  and  impartial  consideration,  shall  appear  edJulySth. 
to  have  imposed  unnecessary  or  grievous  restrictions,  Restric- 
will,  at  some  happier  period,  be  repealed  or  altered,  commerce. 
And  we  cheerfully  consent  to  the  operation  of  such 
acts  of  the  British  parliament  as  shall  be  restrained  to 
the  regulation  of  our  external  commerce,  for  the  pur- 
pose of  securing  the   commercial  advantages   of  the 
whole  empire  to  the  mother  country,  and  the  commer- 
cial benefit  of  its  respective  members  ;  excluding  every 
idea  of  taxation,  internal  or  external,  for  raising  a  rev- 
enue on  the  subjects  in  America  without  their  consent. 

"//!  is  alledg-ecl  that  loe  contribute  nothing'  to  the  cow- Contribu- 
7non  defence.     To  this  we  answer,  that  the  advantages  tifj^co^"^ 
which  Great  Britain  receives  from  the  monopoly  of  ourmonde- 
trade  far  exceed  our  proportion  of  the  expense  neces- 
sary for  that  purpose.     But  should  these  disadvantages 
be  inadequate  thereto,  let  the  restrictions  on  our  trade 
be  removed,   and  we  will  cheerfully  contribute  such 
proportion  when  constitutionally  required. 

"//;  is  a  fundamental  principle  of  the  British  constitu- Right  of 
tion,  that  every  man  should  have  at  least  a  representa-^^P^^^®°*" 
tive  share  in  the  formation  of  those  laws  by  which  he 
is  bound.  Were  it  otherwise,  the  regulation  of  our 
internal  police  by  a  British  parliament,  who  are  and 
ever  will  be  unacquainted  with  our  local  circum- 
stances, must  be  always  inconvenient,  and  frequently 
oppressive,  working  our  wrong  without  yielding  any 
possible  advantage  to  you. 

"-4  plan  of  accommodation^  (as  it  has  been  absurdly  posed 
called)  has  been  proposed  by  your  ministers,  to  our  "  ^.'''^°  '^^ 
respective  assemblies.     Were  this  proposal  free  from  dation." 


584  THE   GOVERNMENTAL    HISTORY   OF 

Part  III.  origin  and  causes  of  the  revolution. 

Tlie  coio-  every  other  objection  bitt  that  which  arises  from  the 
"ress  at  ^^^^^°  ^^  *^^^  offer,  it  would  not  be  unexceptionable. 
Phiiadei-    Can  men  deliberate  with  the  bayonet  at  their  breasts  ? 

phia,  May    />,  i  •  i      /.        i 

10, 1775.   ^an  they  treat  with  freedom  when  their  towns  are 

Address  to  sacked  ?     When  daily  instances  of  injustice  and  oppres- 

itants  of     ^ion  disturb  the  slower  operations  of  reason  ? 

Great  Brit-      u  jf  ^j^jg  pi^oposal  is  really  such   as  you  would  offer 

ain,  adopt-  ^       ^  ,       •'  -^ 

edJulySth.  and  WO  accept,  why  was  it  delayed  till  the  nation  was 

put  to  useless  expense,  and  we  were  reduced  to  our 
present  melancholy  situation  ?     If  it  holds  forth  nothing, 
why  was  it  proposed  ?     Unless  indeed  to  deceive  you 
The  pro-    into  a  belief  that  we  were  unwilling  to  listen  to  any 
" pkn  of    terms  of  accommodation.     But  what  is  submitted  to 
accommo-  our  consideration  ?     We   contend  for  the  disposal  of 
our  property :     We  are  told  that  our  demand  is  unrea- 
sonable, that  our  assemblies  may  indeed  collect  our 
money,  but  that  they  must  at  the  same  time  offer,  not 
what  your  exigencies  or  ours  may  require,  but  so  much 
as  shall  be  deemed  sufficient  to  satisfy  the  desires  of  a 
minister,  and  enable  him  to  provide  for  favorites  and 
dependents.     A  recurrence  to  your  own  treasury  will 
convince  you  how  little  of  the  money  already  extorted 
from  us,  has  been  applied  to  the  relief  of  your  bur- 
dens.     To    suppose   that   we   would   tlius    grasp   the 
shadow  and  give  up  the  substance,  is  adding  insult  to 
injuries. 
Desire  for      "  We  havc,  nevertheless,  ag-ain  presented  an  humble 
tion.  o,nd  dutiful  petition  to  our  sovereign,  and  to  remove 

every  imputation  of  obstinacy,  have  requested  his 
majesty  to  direct  some  mode  by  which  the  united  appli- 
cation of  liis  faithful  colonists  may  be  improved  into 
happy  and  permanent  reconciliation.  We  arc  willing 
to  treat  on  such  terms  as  can  alone  render  an  accom- 
modation lasting,  and  we  flatter  ourselves  that  our  pa- 
cific endeavors  will  be  attended  with  a  removal  of  min- 
isterial troops,  and  a  repeal  of  those  laws,  of  the  opera- 
tion of  which  we  complain,  on  the  one  part,  and  a  dis- 
banding of  our  army  and  a  dissolution  of  our  commer- 
cial associations,  on  the  other. 


THE   UNITED   STATES   OP   AMERICA.  585 

TUK    COMMKUCIAL    SYSTKM    OF    TAXATION.  I'AUT    IU. 

"  Yet  conclude  not  from  this  that  \vc  propose  to  sur-  The  Colo- 
rcndcr  our  ])roperty  into  the  hands  of  your  ministry,  I![.^.^^^"" 
or  vest  your  parliament  with  a  power  whicli  may  ter- i''''i'i Jt-l- 
minate  in  our  destruction.     The  great  bulwarks  of  our /J'' 1775, 
constitution  we  have  desired  to  maintain  by  every  tem-  Address  to 
perate   and   peaceable   means :      But  your   ministers,  itants  of ' 
Cequal  foes  of   British  and  American  freedom)  have  Great  Brit- 

^     ^  .  .  ^  ain,  adopt- 

added  to  their  former  oppressions  an  attempt  to  reduce  edJul^^  sth. 

us  by  the  sword  to  a  base  and  abject  submission.     On 

the  sword,  therefore,  we  are  compelled  to  rely  for  pro-  Appeal  to 

tection.     Should  victory  declare  in  your  favor,  yet  men 

trained  to  arms  from  their  infancy,  and  animated  by 

the  love  of  liberty,  will  afford  neither  a  cheap  nor  easy 

conquest.     Of  this  at  least  we  arc  assured,  that  our 

struggle  will  be   glorious,   our  s^iccess  certain,  since 

even  in  death  we  shall  find  that  freedom  which  in  life 

you  forbid  us  to  enjoy. 

"  Let  Ks  noiv  ask  what  advantages  are  to  attend  our  Defeat  or 
reduction?     The  trade  of  a  ruined  and  desolate  coun-g'^JulXjig. 
try  is  always  inconsiderable,  its  revenue  trifling;,  the  a-'^trous  to 

c        ^^      ^-  1     \   •    ■  ■.    ■  ,  •        •        Great  Brit- 

expense  01  subjectmg  and   retaninig   it  m  subjection  aiu. 

certain  and  inevitable.  What,  then,  remains  but  the 
gratification  of  an  ill-judged  pride,  or  the  hope  of  ren- 
dering us  subservient  to  designs  on  your  liberty. 
Soldiers  who  have  sheathed  their  swords  in  the  bowels 
of  their  American  brethren,  will  not  draw  them  with 
more  reluctance  against  you.  When  too  late,  you  may 
lament  the  loss  of  that  freedom  which  we  exhort  you, 
while  still  in  your  power,  to  preserve. 

"O/i  the  other  hand,  should  you  prove  unsuccessful ; 
should  that  connection,  which  we  most  ardently  wish 
to  maintain,  be  dissolved ;  should  your  ministers  ex- 
haust your  treasures  and  waste  the  blood  of  your  coun- 
trymen in  vain  attempts  on  our  liberty ;  do  they  not 
deliver  you,  weak  and  defenceless,  to  your  natural 
enemies  ?  Since,  then,  your  liberty  must  be  the  price 
of  your  victories;  your  ruin,  of  your  defeat;  what 
blind  fatality  can  urge  you  to  a  pursuit  destructive  of 
all  that  Britons  hold  dear  ? 


586 


THE  GOVERNMENTAL    HISTORY   OP 


Part  III. 


ORIGIN    AND    CAUSES    OF   THE    REVOLUTION. 


The  colo- 
nial con- 
gress at 
Philadel- 
phia, May 
10,  1775. 
Address  to 
the  inhab- 
itants of 
Great  Brit- 
ain, adopt- 
ed July  8th. 


Final  ap- 
peal. 


Letter  to 
the  Lord 
Mayor  of 
London, 
July  8th. 


Apprecia- 
tion of 
their  sym- 
pathy. 


^^If  you  have  no  regard  to  the  connection  that  has  for 
ages  subsisted  between  us ;  if  you  have  forgotten  the 
wounds  we  have  received  fighting  by  your  side  for  the 
extension  of  the  empire  ;  if  our  commerce  is  not  an 
object  below  your  consideration  ;  if  justice  and  human- 
ity have  lost  tlieir  influence  on  your  hearts  ;  still  mo- 
tives are  not  wanting  to  excite  your  indignation  at  the 
measures  now  pursued :  your  wealth,  your  honor,  your 
liberties,  are  at  stake. 

'■^Notwithstanding  the  distress  to  which  we  are  re- 
duced, we  sometimes  forget  our  afflictions  to  anticipate 
and  sympathize  in  yours.  We  grieve  that  rash  and 
inconsiderate  counsels  should  precipitate  the  destruc- 
tion of  an  empire  which  has  been  the  envy  and  admi- 
ration of  ages  ;  and  call  God  to  witness,  that  we  would 
part  with  our  property,  endanger  our  lives,  and  sacrifice 
everything  but  liberty^  to  redeem  you  from  ruin. 

"A  cloud  hangs  over  your  head  and  ours.  Ere  this 
reaches  you,  it  may  probably  burst  upon  us.  Let  us 
then  (before  the  remembrance  of  former  kindness  is 
obliterated)  once  more  repeat  those  appellations  which 
are  ever  grateful  to  our  ears :  Let  us  entreat  Heaven 
to  avert  our  ruin,  and  the  destruction  that  threatens 
our  friends,  brethren,  and  countrymen,  on  the  other  side 
of  the  Atlantic.'''* 


After  the  adoption  of  this  masterly  address,  a  letter, 
prepared  by  a  committee  previously  appointed  for  that 
purpose,  to  the  Lord  Mayor,  Aldermen,  and  Livery  of 
London,  was  read,  debated,  and  approved,  as  follows : 

'■'■My  Lord:  Permit  the  delegates  of  the  people  of 
twelve  ancient  colonies,  to  pay  your  lordship,  and  the 
very  respectable  body  of  which  you  are  the  head,  the 
just  tribute  of  gratitude  and  thanks,  for  the  virtuous 
and  unsolicited  resentment  you  have  shown  to  the  vio- 
lated rights  of  a  free  people. 

'^The  city  of  London,  my  lord,  having  in  all  ages 
approved  itself  the  patron  of  liberty,  and  the  support 


THE   UNITED    STATES  OP  AMERICA. 

58T 

THE    COMJIERCIAL    SYSTEM    OF    TAXATION. 

Pakt  III. 

of  just  government,  against  lawless  tyranny  and  op- The  coio- 
pression,  cannot  fail  to  make  us  deeply  sensible  of  the  !!ref,y  at 
powerful  aid  our  cause  must  receive  from  such  advo-  I'liiiadel- 
Gates  ;  a  cause,  my  lord,  worthy  the  support  of  the  lu,  1775. 
first  city  in  the  world,  as  it  involves  the  fate  of  a  great  Letter  to 
continent,  and  threatens  to  shake  the  foundations  of  a  Mayor  of 
flourishing,  and  until  lately,  a  happy  empire.  t^I'^^s^h 

''North  America,  my  lord,  wishes  most  ardently  for 
a  lasting  connection  with  Great  Britain,  on  terms  of 
just  and  equal  liberty ;  less  than  which,  generous 
minds  will  not  offer,  nor  brave  and  free  ones  be  willing 
to  receive. 

"A  cruel  war  has  at  length  been  opened  against  us, 
and  whilst  we  prepare  to  defend  ourselves  like  the 
descendants  of  Britons,  we  still  hope  that  the  media-  Uope  for 
tion  of  wise  and  good  citizens  will  at  length  prevail [fo^"'^'^'^' 
over  despotism,  and  restore  harmony  and  peace,  on 
permanent  principles,  to  an  oppressed  and  divided 
Empire. 

"We  have  the  honor  to  be,  my  lord,  with  great 
esteem,  your  lordship's  faithful  friends  and  fellow- 
subjects. 

"Signed  by  order  of  the  Congress,  a"  i^™ 

"John  Hancock,  President.''''*     p.  1877.  * 

These  papers  were  enclosed  in  a  letter  to  Mr.  Rich- 
ard Penn,  and  the  colony  agents  in  England,  which 
letter  was  reported  to  the  congress,  read,  and  approved, 
as  follows,  viz. : 

^^  Gentlemen:  The  perseverance  of  the  British  min- Letter  to 
istry  in  their  unjust  and  cruel  system  of  colony  admin-  !j^enL1n^ 
istration,  has  occasioned  the  meeting  of  another  con- England, 
gross.     We  have  again  appealed  to  the  justice  of  our    - 
sovereign  foi^  protection  against  the  destruction  which 
his  ministers  meditate  for  his  American  subjects.     This 
petition  to  his  majesty  you  will  please,  gentlemen,  to 
present  to  the  king,  with  all  convenient  expedition ; 
after  which  we  desire  it  may  be  given  to  the  public. 


588 


THE   GOVERNMENTAL    HISTORY   OP 


Part  III. 


ORIGIN    AND    CAUSES    OP  THE    REVOLUTION. 


The  colo- 
nial con- 
gress at 
Philadel- 
phia, May 
10, 1775. 


Letter  to 
the  colony 
agents  in 
England, 
July  8  th, 


Order 
thereon. 


*2  Am. 
Archives, 
p.  ISYS. 

Other 
addresses. 


Wc  likewise  send  you  our  second  application  to  the 
equity  and  interest  of  our  fellow-subjects  in  Great 
Britain,  and  also  a  declaration  setting  forth  the  causes 
of  our  taking  up  arms,  both  which  we  wish  may  be 
immediately  put  to  press,  and  communicated  as  uni- 
versally as  possible. 

"The  congress  entertain  the  highest  sense  of  the 
wise  and  worthy  interposition  of  the  Lord  Mayor  and 
Livery  of  London  in  favor  of  injured  America.  They 
have  expressed  this  their  sense,  in  a  letter  to  his  lord- 
ship and  the  livery,  which  we  desire  may  be  presented 
in  the  manner  most  agreeable  to  that  respectable  body. 

"You  will  oblige  us,  gentlemen,  by  giving  the  most 
early  information  to  the  congress,  and  to  the  speakers 
of  our  respective  assemblies,  of  your  proceeding  in  this 
business ;  and  such  further  intelligence  as  you  may 
judge  to  be  of  importance  to  America  in  this  great 
contest. 

"We  are,  with  great  regard,  gentlemen,  your  most 
obedient  and  very  humble  servants." 

Whereupon  it  was  "  Ordered,  that  the  above  be 
fairly  transcribed,  to  be  signed  by  the  president,  and 
then  by  him  sent  under  cover,  wMth  the  petition  to  the 
king,  and  address  to  the  inhabitants  of  Great  Britain, 
and  the  letter  to  the  Lord  Mayor  of  London,  to  Richard 
Penn,  Esq. :  And  that  the  president  request  Mr.  Penn, 
in  behalf  of  the  Congress,  to  join  with  the  Colony 
Agents  in  presenting  the  petition  to  the  king."* 

Addresses  were  also  adopted  to  the  assembly  of 
Jamaica,  and  the  people  of  Ireland.  •  Each  of  these 
contains  an  enumeration  of  the  grievances  and  oppres- 
sions set  forth  in  the  other  papers,  but  they  are  not  so 
essentially  variant  in  other  respects  as  to  render  their 
introduction  important  in  this  connection.  Yet  I  can- 
not omit  transcribing  the  closing  part  of  the  latter  doc- 
ument. The  inhabitants  of  this  country  have  always 
felt  a  great  deal  of  sympathy  for  tliat  interesting  but 
unfortunate  people,  and  will  read  with  attentive  con- 


THE   UNITED    STATES   OF   AMERICA.  689 

■ ■ — — — — — — « — 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  TaKT    III. 

sideratioii  the  sentiments  expressed  towards  them  by  The  coio- 
the  fathers  of  our  revohition.  Tlic  conclusion  of  the  °I.^, J^^t' 
address  is,  in  other  aspects  of  it,  important.  It  was  in  J'liii.-tdoi- 
these  words,  viz. :  lu,  1775. 

"  Accept  our  most  grateful  acknowledgments  for  To  the 

the  friendly  disposition  you  have  always  shown  towards  j^^^i!^' V^ 
us..  We  know  that  you  are  not  without  your  grievan- 
ces. We  sympathize  with  you  in  your  distress,  and 
are  pleased  to  find  that  the  design  of  subjugating  us 
has  persuaded  administration  to  dispense  to  Ireland 
some  vagrant  rays  of  ministerial  sunshine.     Even  the  ^ 

tender  mercies  of  government  have  long  been  cruel 
towards  you.  In  the  rich  pastures  of  Ireland,  many 
hungry  parasites  have  fed,  and  grown  strong  to  labour 
in  its  destruction.  We  hope  the  patient  abiding  of  the 
meek  may  not  always  be  forgotten :  And  God  grant 
that  the  iniquitous  scheme  of  extirpating  liberty  from 
the  British  Empire,  may  be  soon  defeated.  But  we 
should  be  wanting  to  ourselves ;  we  should  be  perfid- 
ious to  posterity  ;  we  should  be  unworthy  that  ancestry 
from  which  we  derive  our  descent,  should  we  submit, 
with  folded  arms,  to  military  butchery  and  depredation, 
to  gratify  the  lordly  ambition,  or  sate  the  avarice  of  a 
British  minister.  In  defence  of  our  persons  and  prop- Reasons 
erties  under  actual  violation,  we  have  taken  up  arms :  ^^^  taking 
When  that  violence  shall  be  removed,  and  hostilities 
cease  on  the  part  of  the  aggressors,  they  shall  cease  on 
our  part  also.  For  the  achievement  of  this  happy 
event,  we  confide  in  the  good  offices  of  our  fellow- 
subjects  beyond  the  Atlantic.  Of  their  friendly  dispo- 
sition we  do  not  yet  despond,  aware,  as  they  must  be, 
that  they  have  nothing  more  to  expect  from  the  same 
common  enemy,  than  the  humble  favor  of  being-  last 
devour  ed.^^ 


On  Friday,  the  twenty-first  day  of  July,  the  congress 
having  resolved  itself  into  a  committee  of  the  whole, 
to  take  into  consideration  the  state  of  America,  Doctor 


590  THE   GOVERNMENTAL   HISTORY   OF 

« . 

Part  III.  origin  and  causes  of  the  revolution. 

The  colo-  Benjamin  Franklin  siiljmitted  to  their  consideration  the 
gress  at*  following  sketcli  of  articles  for  a  confodcration  between 
Phiiadei-    the  colonies,  viz. : 

pnia,  May 

10, 1775.  "Articles  of  Confederation  and  Perpetual  union, pro- 
Articicsfor     pQg^f^i  fjy  (Jiq  deles;ates  of  the  several  colonies  of  New 

a  colonial         -r  ^  a  j  J 

confedera-      Hampshire,  Sfc.,  in  general  congress,  met  at  Philadel- 

mUted  by      i^^"'«^j  ^a,y  lO^/i,  1775. 

Dr.  Frank-  "  ARTICLE  I.  The  name  of  this  confederacy  shall 
21st.  henceforth  he  The  United  Colonies  of  North  Atnerica. 

Name  of        "ARTICLE  II.      The  Said  United  Colonics  hereby  sever- 
eracy.        ally  enter  into  a  firm  league  of  friendship  with  each 
Its  objects,  other,  binding  on  themselves  and  their  posterity,  for 
their  common  defence  against  their  enemies;   for  the 
security  of  their  liberties  and  properties,  the  safety  of 
their  persons  and  families ;  and  their  mutual  and  gen- 
eral welfare. 
Privileges       "  ARTICLE  III.      That  each  colony  shall  enjoy  and  re- 
spective    tain  as  much  as  it  may  think  fit,  of  its  own  present 
colonies,     i^-^g^  customs,  rights,  privileges,  and  peculiar  jurisdic- 
tion, within  its  own  limits;  and  may  amend  its  own 
constitution  as  shall  seem  best  to  its  own  assembly  or 
convention. 
General  "ARTICLE  lY.     That  for  the  more  convenient  ?nanage- 

congress. 

ment  of  their  general  interests,  delegates  shall  be  annu- 
ally elected  in  each  colony,  to  meet  in  General  Congress, 
at  such  time  and  place  as  shall  be  agreed  on  in  the  next 
preceding  congress.  Only  where  particular  circum- 
stances do  not  make  a  duration  necessary,  it  is  under- 
stood to  be  a  rule,  that  each  succeeding  congress  be 
held  in  a  different  colony,  till  the  whole  number  be 
gone  through ;  and  so  in  perpetual  rotation ;  and  that 
accordingly  the  next  congress  after  the  present,  shall 
be  held  at  Annapolis,  in  Maryland. 
Its  powers      "ARTICLE  V.      T/tat  the  power  and  duty  of  the  con- 

and  duties.  ,       -,  .    .  -y 

gress  shall  extend  to  the  determining  on  war  and  peace ; 
the  sending  and  receiving  ambassadors,  and  entering 
into  alliances,  (the  reconciliation  with  Great  Britain) 
the  settling  all  disputes  and  differences  between  colony 


THE   UNITED    STATES   OF  AMERICA.  591 

THK    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

and  colony,  about  limits  or  any  other  cause,  if  such  The  colo- 
should  arise;    and  the  planting  of  new  colonies  when ^,,.",.j,j^\jt 
proper.      The  confess  shall  also  make  such  general  Piiiiadel- 
ordinances  as,  thougli  necessary  to  the  general  welfare,  ki,  1775. 
particular  assemblies  cannot  be  competent  to,  viz.: — "^o'lifbciera- 
those  that  may  relate  to  our  general  commerce,  or  gen-tionsub- 
cral  currency ;    the    establishment  of  posts ;    and  the  p"  praiik- 
regulation  of  our  common  forces.     The  congress  shall  i'".  July 
also  liave  the  appointment  of  all  general  ofiicers,  civil 
and  military,  appertaining  to  the  general  confederacy, 
such  as  general  treasurer,  secretary,  &c. 

"Article  VI.  All  charges  of  ivars,  and  all  other  General 
general  expenses  to  be  incurred  for  the  common  wel-^  ^^^g^^- 
fare,  shall  be  defrayed  out  of  a  common  treasury,  which 
is  to  be  supplied  by  each  colony  in  proportion  to  its 
number  of  male  polls  between  sixteen  and  sixty  years 
of  age.  The  taxes  for  paying  that  proportion  are  to  be 
laid  and  levied  by  the  laws  of  each  colony. 

"  Article  VII.  The  number  of  delegates  to  be  elected  Delegation 
and  sent  to  congress  by  each  colony,  shall  Ijc  rcgula-  ^^^^^' . 
ted,  from  time  to  time,  by  the  number  of  such  polls 
returned ;  so  as  that  one  delegate  be  allowed  for  every 
five  thousand  polls.  And  the  delegates  are  to  bring 
with  them  to  every  congress  an  authenticated  return 
of  the  number  of  polls  in  the  respective  provinces, 
which  is  to  be  taken  triennially,  for  the  purposes  above 
mentioned. 

"Article  VIII.  At  every  meeting  of  the  congress, Qmvum 
one-half  of  the  members  returned,  exclusive  of  proxies,  ^°  ^°*®* 
shall  be  necessary  to  make  a  quorimi;  and  each  dele- 
gate at  tlie  congress  shall  have  a  vote  in  all  cases ;  and 
if  necessarily  absent,  shall  be  allowed  to  appoint  any 
other  delegate  from  the  same  colony  to  be  his  proxy, 
who  may  vote  for  him. 

"  Article  IX.     An  executive  council  shall  be  appoint- Executive 
cd  by  the  congress  out  of  their  own  body,  consisting  of  po""e'j.gaQ(j 
twelve  persons;  of  whom,  in  the  first  appointment,  one- duties. 
third,  viz.: — four  shall  be  for  one  year,  four  for  two 


692 


THE   GOVERNMENTAL   HISTORY   OF 


Part  III. 


ORIGIN    AND    C4.rSf;S    OF    THE    REVOLUTION. 


The  colo- 
nial con- 
press  at 
Philadel- 
phia, May 
10,  1775. 
Articles  of 
confedera- 
tion sub- 
mitted by 
Dr.  Frank- 
lin, July 
21st. 


Offensive 
war. 


Relations 
with  the 
Indians. 


How 
amended. 


years,  and  four  for  three  years;  and  as  the  said  terms 
expire,  the  vacancies  shall  be  filled  by  appointments  for 
three  years;  whereby  one-third  of  the  members  "will 
be  changed  annually.  This  council,  of  whom  two- 
thirds  shall  be  a  quorum,  in  the  recess  of  congress,  is 
to  execute  what  shall  have  been  enjoined  thereby;  to 
manage  the  general  continental  business  and  interests; 
to  receive  applications  from  foreign  countries ;  to  pre- 
pare matters  for  the  consideration  of  the  congress;  to 
fill  up,  j»ro  tempore,  continental  offices  that  fall  vacant; 
and  to  draw  on  the  general  treasurer  for  such  monies 
as  may  be  necessary  for  general  services,  and  appropri- 
ated by  the  congress  to  such  services. 

"Article  X.  No  colony  shall  eng-ag-e  in  offensive 
war  with  any  nation  of  Indians  without  the  consent  of 
the  congress,  or  grand  council  above  mentioned,  who 
are  first  to  consider  the  justice  and  necessity  of  such 
war. 

"Article  XI.  A  perpetual  alliance,  offensive  and 
defensive,  is  to  be  entered  into  as  soon  as  may  be  with 
the  Six  Nations;  their  limits  to  be  ascertained  and 
secured  to  them;  their  land  not  to  be  encroached  on, 
nor  any  private  or  colony  purchases  made  of  them  here- 
after to  be  held  good ;  nor  any  contract  for  lands  to  be 
made,  but  between  the  great  council  of  the  Indians  at 
Onondaga,  and  the  general  congress.  The  boundaries 
and  lands  of  all  the  other  Indians  shall  also  be  ascer- 
tained and  secured  to  them  in  the  same  manner,  and 
persons  appointed  to  reside  among  them  in  proper  dis- 
tricts, and  shall  take  care  to  prevent  injustice  in  the 
trade  with  them ;  and  be  enabled  at  our  general  expense, 
by  occasional  small  supplies,  to  relieve  their  personal 
wants  and  distress.  And  all  purchases  from  them  shall 
be  by  the  congress,  for  the  general  advantage  and  bene- 
fit of  the  United  Colonies. 

"Article  XII.  As  all  new  institutions  may  have 
imperfections,  which  only  time  and  experience  can  dis- 
cover, it  is  agreed  that  the  general  congress,  from  time 


THE  UNITED    STATES    OF   AMERICA.  593 

THE    COMMERCIAL    SYSTKM    OF    TAXATION.  PaRT    III. 

to  time,  sliall  propose  such  amendments  of  tliis  consti- The  colo- 

tution  as   may  be  found    necessary;    which  being  f^p- <,,'ess  at' 

proved  by  a  majority  of  the  colony  assemblies,  shall  be  I'lii'iiJtil- 

equally  binding  with  the  rest  of  the  articles  of  this  con-  m,  1775. 

federation. 

^  "  iVrticle  XIII.     Any  ami  every  colony  from  Great 

Britain  upon  the  continent  of  North  America,  not  at 

present  engaged  in  our  association,  may,  upon  applica- Admission 

tion  and  joining  the  said  association,  be  received  into°^^  .  *" 
,  ,  .  colonies. 

the  confederation,  viz.: — Ireland,  the  West  India  Islands, 
Quebec,  St.  Johns,  Nova-Scotia,  Bermudas,  and  East 
and  West  Florida,  and  shall  thereupon  be  entitled  to  all 
the  advantages  of  our  union,  mutual  assistance,  and 
commerce." 

Upon  the  submission  of  these  articles  it  was 
'■'•Ordered,  that  they  be  proposed  to  the  several  pro- Order 
vincial  assemblies  or  conventions  to  be  by  them  consid-*^  creupon. 
ered;  and  if  approved,  they  are  advised  to  empower 
their  delegates  to  agree  to  and  ratify  the  same  in  the 
ensuing   congress.      After   which    the   union    thcrcb}^ 
cstal)lis]ied  is  to  continue  firm,  till  the  terms  of  recon- 
ciliation proposed  in  the  petition  of  the  last  congress  to 
the  king  are  agreed  to ;  till  the  acts  since  made,  restrain- 
ing the  American  commerce  and  fisheries,  are  repealed ; 
till  reparation  is  made  for  the  injury  done  to  Boston, 
by  shutting  up  its  port;   for   the  burning  of  Charles 
Town  ;  and  for  the  exj^ense  of  this  unjust  war;  and  till  ^  "[|^*'°° 
all  the    British  troops   are  withdrawn  from   America.  "n'O"  "Q- 

flor  tllGSG 

On  the  arrival  of  these  events  the  colonies  will  return  intides. 

to  their  former  connection  and  friendship  with  Britain ; 

but  on  failure  thereof,  this  Confederation  is  to  be  per-  *  -  ^'^• 

Archives, 

petuai.  *  p.  1889. 


The  compact  of  Union  embraced   in   and  contem-  The  pro- 
plated  by  the  foregoing  articles,  is  exceedingly  inter-  nHfi^con 
esting  and  important  as  evinsive  of  the  plan  of  empire  federation, 
which  foreshadowed  itself  to  the  thoughts  of  our  rcvo-andcitent. 
lutionary  ancestors.     In  its  comprehensive  provisions 
38 


594  THE   GOVERNMENTAL    HISTORY   OF 

Part  III.  origin  and  causes  of  the  revolution. 

The  coio-   and  aims  it  seems  not  unlike  the  prophetic  historical 
mai  coil-    p^3cords  of  the  ancient  people  of  God,  havine^  direct  refer- 

gress  at  \      '^  . 

Phiiadei-    cnco  to  a  more  immediate  and  pressing  necessity,  while 
10^*1775.^  yet  it  anticipates  and  provides  for  the  development  of 
a  magnificent  dominion  to  be  possibly  unfolded  in  the 
future.     The  fact  that  in  the  extension  of  our  national 
domain  and  jurisdiction  at  the  present  day,  we  are  but 
now  approaching  a  period  in  our  governmental  annals 
which  seems  to  promise   tlie    fulfillment  of  a  project 
suggested,  nay  all  but  compelled,  and  yet  not  deliber- 
ately premeditated  either  in  desire  or  design,  by  our 
forefathers,  must  present  itself  with  singular  and  thrill- 
ing interest  to  the  pride,  the   patriotism,  and  the  hope, 
of  every  reflecting  citizen  of  the  United  States  of  Amer- 
ica.    Surely  we  need  not  fear   that  the  foundations 
which  they  have  so  wisely  and  so  carefully  laid,  are 
insufficient  to  sustain  even  so  vast  a  fabric  as  then  rose 
before  their  enthusiastic  vision. 
The  pro-   '     Look  at  the  magnificent  plan  and  suppose  for  one 
federacy.    moment  its  achievement  to  have  been  consummated  in 
the  days  of  the  Revolution  !     The  whole  North  Ameri- 
can continent  and  the  islands  adjacent,  comprehended 
in  one  great  confederacy  !     No  such  powerful  combina- 
tion of  people  or  of  states  could  have  been  found  else- 
where, or  in  any  age,  in  the  world's  history.     Do  we 
mistake  the    decrees  of   the   Almighty  Ruler  of   the 
universe  in  supposing  it  may  yet  be  our  destiny  as  a 
nation  ? 


The  plan  of  On  the  thirty-first  day  of  July,  the  congress,  in  com- 
dation'pro- ii^ittee  of  thc  wholc,  took  into  consideration  the  report 
posed  by  of  the  committee  on  the  resolve  of  the  house  of  com- 
luent.  mons,  called  a  plan  of  accommodation,  and  the  same, 
being  debated  by  paragraphs,  was  agreed  to  as  fol- 
lows, viz. : 
Report  up-  "  Tlic  several  assemblies  of  New  Jersey,  Pennsylva- 
on,Juiy3i.j^.^  ^^^  Virginia,  having   referred  to  the  congress  a 


THE   UNITED    STATES   OF   AMERICA.  595 

THE    COMXIEUCIAL    SY.^TKM    OF    TAXATION.  TaRT    III. 

resolution  of  the  House  of  Commons  of  Great  Britain,  The  colo- 
wliich  resolution  is  in  these  words,  viz. :  gress  a't' 

"  LuujB,  20°  Die  Feb.  1775.     riniadei- 

"  The  house  in  a  committee  on  the  American  papers,  lo,  17*75. 
Motion  made,  and  question  proposed : 

"  That  it  is  the  opinion  of  this  committee,  that  when 
the  general  council  and  assembly,  or  general  court  of 
any  of  his  majesty's  provinces  or  colonies  in  America, 
shall  propose  to  make  provision,  according  to  the  con- 
dition, circumstance,  or  situation  of  such  province  or 
colony,  for  contributing  their  proportion  to  the  com- 
mon defence  ;  such  proportion  to  be  raised  under  the 
authority  of  the  general  court,  or  general  assembly  of 
such  province  or  colony,  and  disposable  by  parliament ;  r^^^^^  ^^^^, 
and  shall  engage  to  make  provision  also  for  the  sup-  lotion  of 

„,..,  ,,  ,..  .        parliament 

port  01  the  civil  government,  and  the  administration  cited. 
of  justice  in  such  province  or  colony,  it  will  be  proper, 
if  such  proposal  shall  be  approved  by  his  majesty  and 
the  two  houses  of  parliament ;  and  for  so  long  as  such 
provision  shall  be  made,  accordingly  to  forbear,  in 
respect  to  such  province  or  colony,  to  lay  any  duty,  tax, 
or  assessment,  or  to  impose  any  further  duty,  tax,  or 
assessment,  except  only  such  duties  as  it  may  be  expe- 
dient to  levy  or  impose,  for  the  regulation  of  com- 
merce ;  the  net  produce,  or  the  duties  last  mentioned, 
to  be  carried  to  the  account  of  such  colony  respect- 
ively." 

"  The  congress  took  the  said  resolution  into  consideror  Opinion  oi 
Hon  and  are  therefore  of  opinion,  that  the  colonies  of  juiy  si^st. 
America  are  entitled  to  the  sole  and  exclusive  privilege 
of  giving  and  granting  their  own  money :     That  this 
involves  a  right  of  deliberating  whether  they  will  make  Right  of 
any  gift,  for  what  purpose  it  shall  be  made,  and  what  *'^^^*^^°" 
shall  be  its  amoujit :     And  that  it  is  a  high  breach  of 
this  privilege  for  any  body  of  men,  extraneous  to  their 
constitutions,  to  prescribe  the  purposes  for  which  money 
shall  be  levied  upon  them,  to  take  to  themselves  the  ^'"^'*  ^^ 

1  '  appropiia- 

authority  of  judging  of  their  conditions,  circumstances,  tion. 


596  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.      "*  origin  and  causes  of  the  revolution. 

The  eoio-    and  situations,  and  of  determining  the  amount  of  tlie 

ii«T     contribution  to  be  levied. 

Phiiadei-        "  That  as  tlie  colonies  possess  a  right  of  appropri- 

10,  ivYo.  ating  their  gifts,  so  arc  they  entitled  at  all  times  to 
inquire  into  their  application,  to  see  that  they  be  not 
wasted  among  the  venal  and  corrupt  for  the  purpose  of 
undermining  the  civil  rights  of  the  givers,  nor  yet  be 

Opinion  on  diverted  to  the  support  of  standing  armies,  inconsist- 

mentaiy     ^nt  witli  their  freedom  and  subversive  to  their  quiet. 

"plan  of    To  propose,  therefore,  as  this  resolution  does,  that  the 

accoinnio-  .  , 

dation."  monics  givcu  by  the  colonies  shall  be  subject  to  the  dis- 
posal of  parliament  alone,  is  to  propose  that  they  shall 
relinquish  this  right  of  inquiry,  and  put  it  in  the  power 
of  others  to  render  their  gifts  ruinous,  in  proportion  as 
they  are  liberal. 
Import-  '■'■That  this  privilege  of  giving  or  withholding  our 

these         monies,  is  an  important  barrier  against  the  undue  exer- 
nghts,        ^Iqjj^  Qf  prerogative,  which,  if  left  altogether  without 
control  may  be  exercised  to  our  great  oppression  ;  and 
all  history  shows  how  efficacious  is  its  intercessions  for 
redress  of  grievances  and  re-establishment  of  rights, 
and  how  improvident  it  would  be  to  part  with  so  pow- 
erful a  mediator. 
Character       "  We  are  of  Opinion  that  the  proposition  contained  in 
nositix)ir^'t'^^is  resolution  is  unreasonable  and  insidious:     Unrea- 
madc  by     sonablc,  bccausc,  if  we  declare  we  accede  to  it,  we 
Qieut.        declare  without  reservation  we  will  purchase  the  favor 
of  parliament,  not  knowing  at  the  same  time  at  what 
price  they  will  please  to  estimate  their  favor.     It  is 
assidious,  because,  individual  colonies  having  bid  and 
bidden  again,  till  they  find  the  avidity  of  the  seller  too 
great  for  all  their  powers  to  satisfy,  are  then  to  return 
into  opposition,  divided  from  their  sister  colonies  whom 
the  minister  will  have  previously  detached  by  a  grant 
of  easier  terms,  or  by  an  artful  procrastination  of  a 
Proposed    definite  answer. 

ofTaia-""      ^^That  the  suspension  of  the  exercise  of  their  pre- 
tiou.  tended  power  of  taxation,  being  expressly  made  com- 


THE   UNITED    STATES   OF   AMERICA.  597 

THE    C0.MMKUC1AL    SYSTEM    OF    TAXATION.  '         I'aUT    III. 

meiisuratc  with  the  continuance  of  our  gifts,  these  Tii«  colo- 
must  he  perpetual  to  make  that  so.  "Whereas,  no  "l^.'^^^^'^^^' 
experience  has  shown  that  a  gift  of  perpetual  revenue  I'iijiadei- 
secures  a  perpetual  return  of  duty  or  of  kind  disposi- 10/1775. 
tion.  On  the  contrary,  the  parliament  itself,  wisely  (»pirHon  on 
attentive  to  this  observation,  is  in  the  established  mentary 
practice  of   granting  its  supplies  from  year  to  year "  1^^'"^  ^^ 

only.  dation," 

"  Desirous  and  determined  as  tvc  are,  to  consider  in   ^^  ^  ^^^*" 
the  most   dispassionate   view  every  seeming  advance 
towards  a  reconciliation  made  by  the  British  parlia- 
ment, let  our  brethren  of  Britain  reflect  what  would  Time  and 
have  been  the  sacrifice  to  men  of  free  spirits,  had  even  ^^l  p,.opo- 
fair  terms  been  proffered,  as  these  insidious  proposals  ^'''  oi^ec- 
were,  Avith  circumstances  of  insult  and  defiance.     A 
proposition  to  give  our  money,  accompanied  with  large 
fleets  and  armies,  seems  addressed  to  our  fears  rather 
than  our  freedom.     With  what  patience  would  Britons 
have  received  articles  of   treaty  from  any  power  on 
earth,  when  borne  on  the  point  of  the  bayonet  by  mili- 
tary plenipotentiaries  ? 

"  We  think  the  attempt  unnecessary,  to  raise  upon  us 
by  force  or  by  threats  our  proportional  contributions  to 
the  common  defence,  when  all  know,  and  themselves 
acknowledge,  we  have  fully  contributed  whenever 
called  upon  to  do  so  in  the  character  of  freemen. 

^'- We  are  of  opinion  it  is  not  just  that  the  colonies  Its  injus- 
should  be  required  to  oblige  themselves  to  other  con-  ^''^^' 
tributions,  while  Great  Britain  possesses  a  monopoly  of 
their  trade.     This  of  itself  lays  them  under  heavy  con 
tribution.      To  demand,  therefore,  additional  aids  in 
the  form  of  a  tax  is  to  demand  the   double  of  their 
equal  proportion.     If  we  arc  to  contribute  equally  with 
the  other  parts  of  the  empire,  let  us  equally  with  them 
enjoy  free  commerce  with  the  whole  world.     But  while 
the  restrictions  on  our  trade  shut  to  us  the  resources 
of  wealth,  is  it  just  we  should  bear  all  other  burdens 
equally  with  those  to  whom  every  resource  is  open  ? 


598  THE   GOVERNMENTAL    HISTORY   OF 

Part  III.  origin  and  cacses  of  the  revolution. 

The  coio-  "  We  conceive  that  the  British  parliament  has  no  right 
nial  con-     ^    intermeddle  with  our  provisions  for  the  support  of 

gress  at  ^  ^  ^ 

Philadei-  civil  government,  or  administration  of  justice.  The 
lo^^i^V^'.^  provisions  we  have  made  are  such  as  please  ourselves, 
Opinion  on  and  are  agreeable  to  our  own  circumstances  ;  they  an- 
ikment'ary  s^®^'  ^^^®  Substantial  purposes  of  government  and  of 
"plan  of  justice,  and  other  purposes  than  these  should  not  be 
dation,"  answered.  We  do  not  mean  that  our  people  shall  be 
July  31st.  burdened  with  oppressive  taxes,  to  provide  sinecures 
ence  of  foi'  the  idle  or  the  wicked  under  color  of  providing  for 
parliament  ^  civil  list.     AVliilc   parliament  pursue  their  plan  of 

unwarrant-  .  ,  .        ,     .  ..-,.. 

able.  civil  government  within  their  own  jurisdiction,  we  also 

hope  to  pursue  ours  without  molestation. 

"  We  are  of  opinion  the  proportion  is  altogether  un- 
satisfactory, because  it  imports  only  a  suspension  of  the 
mode,  not  a  renunciation  of  the  pretended  right  to  tax 
us.     Because,  too,  it  does  not  propose  to  repeal  the 
several  acts  of  parliament  passed  for  the  purposes  of  re- 
straining the  trade,  and  altering  the  form  of  government 
of  one  of  our  colonies ;  extending  the  boundaries  and 
changing  the  government  of  Quebec ;  enlarging  the  juris- 
The  propo-  dictioii  of  courts  of  admiralty  and  vice-admiralty ;  taking 
wlleiiin      f^'^m  ^^s  the  right  of  trial  by  a  jury  of  the  vicinage,  in 
unsatisiac-  cascs  affecting  both  life  and  property ;  transporting  us 
"*°'^^'         into  other  countries  to  be  tried  for  criminal  offences. 
Exempting,  by  mock  trial,  the  murderers  of  colonists 
from  punishment ;  and  quartering  soldiers  upon  us  in 
times  of  profound  peace.     Nor  do  they  renounce  the 
power  of   suspending   our   own   legislatures,  and  for 
legislating  for  us  themselves  in  all  cases  luhatsoever. 
Proofs  of   On  the  contrary,  to  show  they  mean  no  discontinuance 
si°gu?  '^'''  of  injury,  they  pass  acts,  at  the  very  time  of  holding 
out  this  proposition,  for  restraining  the  commerce  and 
fisheries  of  the  provinces  of  New  England,  and  for 
interdicting  the  trade  of  other  colonies  with  all  foreign 
nations  and  with  each  other.     This  proves  unequivo- 
cally, tlioy  mean  not  to  relinquish  the  exercise  of  indis- 
criminate legislation  over  us. 


THE   UNITED    STATES   OP   AMERICA.  599 

THE    COMMEIICIAL    SYSTEM    OF    TAXATION.  FaUT    III, 

"  Upon  the  lohole^  this  proposition  seems  to  have  been  The  *olo- 
hcld  111)  to  the  world  to  deceive  it  into  a  belief  tliat'"'^^^":*^^' 

1  i,'ress  at 

there  was  nothing  in  dispute  between  us  but  the  mode  riiihidei- 
of  levying  taxes  ;  and  that  the  parliament  having  now  ^,  'iv^s. 
been  so  good  as  to  give  up  this,  the  colonies  are  un- 
reasonable if  not  perfectly  satisfied  :  Whereas,  in  truth,  Opinion  on 
our  adversaries  still  claim  a  right  of  demanding  adlib- ^^l^^^l'^l^^' 
itum,  and  of  taxing  its  themselves  to  the  full  amount  "p'an  of 
of  their  demand,  if  we  do  comply  with  it.     This  leaves  dation," 
us  without  anything  we  can  call  property.     But  what'^^'y  ^^^*' 
is  of  more  importance,  and  what  in  this  proposal  they 
kcej)  out  of  sight,  as  if  no  such  point  was  in  contest 
between   us,  they  claim  a  right  to  alter  our  charters 
and  establish  laws,  and  leave  us  without  any  security 
for  our  lives  or  liberties.     The  proposition  seems  also  General 
to  have  been  calculated  more  particularlv  to  lull  into  ^'^^'^^*^® 

^  "  proposi-, 

fatal  security  our  well-affected  fellow-subjects  on  the  tion. 
other  side  of  the  water,  till  time  should  be  given  for 
the  operation  of  those  arms  which  a  British  minister 
pronounced  would  instantaneously  reduce  the  'cow- 
ardly' sons  of  America  to  unreserved  submission. 

^^But  ivhen  the  ivorld  reflects  how  inadequate  to  jus- General 
tice  are  these  vaunted  terms ;  when  it  attends  to  the  -sentiment 

.  p  •    '      •  •-'*  "mankind 

rapid  and  bold  succession  of  injuries,  which,  during  upon  it. 
the  course  of  eleven  years,  have  been  aimed  at  these 
colonies  ;  when  it  reviews  the  pacific  and  respectful 
expostulations,  which,  during  that  whole  time,  were 
the  sole  arms  we  opposed  to  them  ;  when  it  observes 
that  our  complaints  were  either  not  heard  at  all,  or 
were  answered  with  new  and  accumulated  injuries ; 
when  it  recollects  that  the  minister  himself,  on  an 
early  occasion,  declared  'that  he  would  never  treat 
with  America,  till  he  had  brought  her  to  his  feet ;'  and 
that  an  avowed  partizan  of  ministry  has  more  lately 
denounced  against  us  the  dreadful  sentence,  delenda 
est  Carthago ;  that  this  was  done  in  the  presence  of  a 
British  senate,  and  being  unreproved  by  them,  must  be 
taken  to  be  their  own  sentiment,  especially  as  this  pur- 


600  THE   GOVERNMENTAL   HISTORY   OF 

Part  III.  origin  and  causes  of  thk  revolution. 

The  ccio-   pose  has  already  in  part  been  carried  into  execution  by 
"ress  at     ^licir  treatment  of  Boston  and  burning  of  Cliarlestown  ; 
rhiiadei-    when  it  considers   the  great  armaments  with  which 
10, 1776.    they  have  invaded  us,  and  the  circumstances  of  cruelty 
with  which  they  have  commenced  and  prosecuted  hos- 
tilities :  When  these  things,  we  say,  are  laid  together 
and  attentively  considered,  can  the  world  be  deceived 
into  an  opinion  that  we  are  unreasonable  ;   or  can  it 
hesitate  to  believe  with  us,  that  nothing  but  our  own 
exertions  may  defeat  the  ministerial  sentence  of  death 
or  abject  submission  ?" 


After  making  provision  for  the  support  of  the  army, 
and  for  reimbursing  the  several  colonies  for  monies 
expended  by  them  in  the  continental  service  ;  which 
was  principally  in  the  bills  of  credit  issued  by  the  con- 
gress ;  they  passed  the  following  resolution,  and  ad- 
journed to  the  fifth  of  September  then  next : 
Construe-  "  Whcrccis,  at  a  former  congress  it  was  resolved,  that 
tion  of  the  jf  certain  acts  of  parliament,  in  the  continental  asso- 

nou-ex-  ^  ^ 

portation    ciatioii  enumerated  and  complained  of,  should  not  be 
compact.    j.epeaie(j^  Qjj  QY  before  the  tenth  day  of  September, 
1775,  the  inhabitants  of  these  united  colonies  would 
not,  directly  or  indirectly,  export  any  merchandise  or 
^  commodity  whatsoever  to  Great  Britain,  Ireland,  or  the 

West  Indies ;  and  as  some  doubts  have  arisen  with 
respect  to  the  trut3  spirit  and  construction  of  said 
resolve,  to  the  end  that  such  doubts  may  be  remained, 

"Resolved,  that  under  the  prohibition,  in  the  said 
association  contained,  to  export  to,  or  import  from,  the 
Islands  of  Great  Britain  and  Ireland,  this  congress 
intends  to  comprise  all  exportation  to,  or  importation 
from,  the  Islands  of  Jersey,  Guernsey,  Sark,  Alderney, 
and  Man,  and  every  European  island  and  settlement 
within  the  British  dominions:  And  that  under  the 
denomination  of  the  West  Indies,  this  congress  means 
to  comprehend  all  the  West  India  Islands,  British  and 
foreign,  to  whatever  state,  power,  or  prince  belonging, 


THE   UNITED    STATES    OF  AMERICA.  GOl 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

or  by  whomsoever  governed ;  and  also  the   Summer 
Islands,  Bahama  Islands,  Berbicia,  and  Surinam  on  the 
Main,    and    every   island   and   settlement   within    the  *  2  Am. 
latitude   of   the   southern    Ihie    of    Georgia    and    the  j'J;'"[y''^^^' 
equator."* 


As  a  sevquel  to  these  acts  of  the  colonial  congress,  Procccd- 
and  as  an  interesting  and  important  record  in  the  his-}"^^j^^|]P^^' 
tory  of  the  proceedings  of  parliament  with  reference  Nov.,  ivVo. 
to  the  colonies,  we  here  refer  to  the  examination,  in 
the  House  of  Lords,  of  Governor  Richard  Penn,  of 
Pennsylvania,  to  whom  the  proceedings  of  this  con- 
gress were  enclosed  to  be  presented  to  his  majesty. 
The  effect  which  this  examination  produced  in  parlia- 
ment was  singularly  exciting,  and  more  than  anytliing 
else  opened  the  eyes  of  that  body  to  the  real  crisis 
which  was  now  impending  in  America.  And  although 
the  awakening  came  too  late,  and  was  too  limited  in 
its  extent,  to  be  of  any  permanent  avail,  it  yet  had  its 
influence  out  of  parliament  upon  the  tone  of  public 
sentiment  with  regard  to  the  motives  and  aims  of  the 
congress  and  the  people  of  America. 

On  Tuesday,  the  seventh  day  of  November,  in  the  House  of 
House  of  Lords,  the  order  of  the  day  being  to  take  ^^'■^^• 
into  consideration  a  paper  endorsed  "  Copy  of  the  Pe- 
tition of  the  Congress  to  the  King,  delivered  to  the 
Earl  of  Dartmouth  by  Messrs.  Penn  and  Lee,  on  the 
first  day  of  September,  1775  ;"  the   said  paper  being 
read  by  the  clerk :  The  Duke  of  Richmond  observed, 
that  he  saw  Mr.  Penn,  governor  of  Pennsylvania,  below 
the  bar ;  and  as  some  doubt  might  arise  in  the  course 
of  the  debate,  whether  or  not  the  paper  now  read  was 
genuine,  he  urged  the  propriety  of  calling  that  gentle- 
man to  authenticate  it,  as  he  understood  the  petition 
was  delivered  by  him  into  the  hands  of  one   of  liis  Motion  to 
majesty's  secretaries  of   state.     He   then  moved  that  ^^^^'^'^^^ 
Mr.  Penn  be  called  in,  to  authenticate  the  paper. 

This  motion  gave  rise  to  considerable  opposition  and 


602  THE   GOVERNMENTAL  HISTORY  OF 

PaKT    III.  ORIGIN    AND    CAUSES    OF    THE    REVOLUTION. 

Exaniina-  discussioii,  but  Glided  in  an  order  being  entered  that 
Gov°Pcnn  ^^^'-  Pcnn  sliould  attend  the  House  of  Lords  for  exam- 
House  of  illation  with  reference  to  the  matter  now  before  them, 
Nov.,  1*? 75.  on  Friday,  the  tenth  of  November  then  current. 
Mr.  Penn  At  tliG  time  designated,  the  order  of  the  day  being 
called  and  ^^^^(j   ^y.  Richard  Penn  was  called  and  came  forward, 

examined,  '  _  ' 

Nov.  10th.  and,  being  sworn,  was  examined  at  the  bar,  as  follows: 
"  Question.     How  long  have  you  resided  in  America  ? 
Answer.     I  have  resided  there  four  years. 

Question.     How  long  were  you  in  the  government 
in  Pennsylvania?     Answer.     Just  two  years. 
As  to  con-      Question.     Do  you  know,  or  have  you  heard,  of  any 
gressionai  violence  or  unfair  proceedings  in  the  election   of  the 

dGctioiis 

members   of   the  continental   congress  ?     Answer.     I 

have  not  heard  of  any. 

lutein-  Question.     Do  you  think  the  members  are  men  well 

fbe  cou-^    informed  of  the  temper,  disposition,  and  strength  of 

gres.s.        their  respective  provinces,  and  capable  of  conveying  the 

sense  of  America  ?     Answer.     I  think  they  are  men  of 

character  and  capable  of  conveying  the  sense  of  America. 

Congress        QuGstiou.     Do  you  think  that  their  several  proceed- 

and  the      jj^gg  ([q  jj^  reality  convey  the  genuine  sense  of  those 

the  people,  provinces  you  .arc  acquainted  with  ?     Answer.     They 

do  undoubtedly  convey  the  sense  of  the  provinces  they 

represent. 

Question.  Have  you  any  reason  to  doubt  they  do 
convey  the  true  sense  of  the  other  provinces  ?  Answer. 
They  certainly  do  convey  the  sense  of  the  other  prov- 
inces also. 
Object  of  Question.  Do  you  think  the  provinces  will  be  gov- 
erned by  their  decisions  ?  Answer.  I  firmly  believe 
the  provinces  will  be  governed  by  their  decisions. 

Question.  Do  you  not  think  that  the  present  war, 
on  the  part  of  America,  is  levied  and  carried  on  by  the 
directions  of  the  congress,  and  supported  by  the  incli- 
nation and  zeal  of  the  colonists,  in  defence  of  their 
liberty  ?  Answer.  This  war  is  levied  and  carried  on 
by  a  sense  of  the  defence  of  their  liberties,  as  they 
think. 


THE   UNITED   STATES   OP   AMERICA.  603 

THE    COMMKUCIAL    SYSTEM    OF    TAXATION.  PaKT    III. 

Question.  Can  you  think  that  it  is  levied  or  carried  Examina- 
on  by  any  other  means  or  persons  ?  Answer.  I  do  not  go"  pgnn 
think  it  is  carried  on  by  any  other  means  or  account,     i"  the 

_  .  •  1      -ii  House  of 

Question.     Are  you  personally  acquainted  with  many  Lords, 
of  the  members  of  the  congress?     Answer.     I  am  ac-^"^:  ^*^' 
quainted  with  ahiiost  all  tlie  members  of  the  congress. 

Question.     Do  you  think  they  levy  and  carry  on  this  independ- 
war  for  the  purpose  of  establishing  an  independent  em-  j,"^^/  ^^"^^ 
pire  ?     Answer.     I  think  they  do  not  carry  on  the  war  jcet. 
for  independency,  I  never  heard  them  breathe  senti- 
ments of  that  nature. 

Question.     For  what  purpose  do  you  believe  they  Aim  ia  tak- 
have  taken  up  arms?     Answer.     In  defence  of  their  1^"^"^^ 
liberties. 

Question.     "Were  you  in  America  at  the  time  the  The  stamp 
stamp  act  was  laid  ?     Answer.     I  was. 

Question.  What  effects  did  it  produce  ?  Answer. 
It  caused  great  discontent,  uneasiness,  and  distress. 

Question.  "Were  you  there  when  it  was  repealed  ?  Its  repeal. 
Answer.     I  was. 

Question.     What   effects  did   the    repeal   produce  ?  -^ftcr  the 

rcpGiil, 

Answer.     The  repeal  gave  great  joy,  and  the  anniver- 
sary was  kept  as  a  day  of  mirth  and  festivity. 

Question.     Were  the  Americans  satisfied  with  their  The  de- 
condition,  notwithstanding  the  declaratory  act  accom-act. 
panied  the  repeal  of  the  stamp  act  ?     Answer.     They 
were  satisfied  with  their  condition,  notwithstanding  the 
declaratory  act. 

Question.  If  Great  Britain  had  left  things  in  the 
state  they  then  were,  do  you  think  America  would  have 
remained  content  ?  Answer.  I  think  they  would  have 
remained  content. 

Question.     Is  it  the  general  opinion  in  America  that  Ability  to 
they  are  able  to  resist  the  arms  of  Great  Britain,  em- 
ployed to  enforce  taxation,  and  the  late  acts  complained 
of  in  America  ?     Answer  ?     It  is  the  opinion  of  all  I 
have  ever  conversed  with. 

Question.     Is  the  spirit  of  resistance  to  these  acts 


604 


THE   GOVERNMENTAL   HISTORY   OF 


Part  III. 


ORIGIN    AND    CAUSES    OF    THE    KEYOLUTIOX. 


Esamin;\- 
tion  of 
Gov.  reiin, 
in  the 
House  of 
Lords, 
Nov.  10, 
1775. 


Military  of 
Penusylva- 
uia. 


Contribu- 
tions of 
money. 
Capable 
men. 


Ready  for 
service. 


Growth  of 
corn. 


Gunpow- 
der. 


Saltpetre. 


Cannon, 
&c. 


general,  as  far  as  your  knowledge  goes  ?  Answer. 
Quite  general. 

Question.  "What  force  has  the  province  of  Pennsyl- 
vania raised  ?  Answer.  When  I  left  Pennsylvania, 
they  had  twenty  thousand  men  in  arms,  imbodied  but 
not  in  pay ;  and  four  thousand  five  hundred  men  since 
raised. 

Question.  What  were  these  twenty  thousand,  mili- 
tia or  what  ?  Answer.  They  were  volunteers  through- 
out the  province. 

Question.  What  were  the  four  thousand  five  hun- 
dred ?  Answer.  They  were  minute-men,  when  upon 
service  in  pay. 

Question.  Are  they  included  in  the  twenty  thou- 
sand men,  or  exclusive  of  them  ?  Answer.  Exclu- 
sive. 

Question.  Doth  the  province  contribute  money  be- 
sides to  the  continental  army  ?     Answer.     They  do. 

Question.  How  many  men,  fit  to  bear  arms  is  it  sup- 
posed there  are  in  Pennsylvania  ?  Answer.  Sixty 
thousand. 

Question.  What  proportion  of  these  sixty  thousand 
do  you  believe  would  willingly  come  forth,  if  necessary, 
in  the  present  contest  ?     Answer.     All,  I  believe. 

Question.  Doth  Pennsylvania  grow  a  sufficient  quan- 
tity of  corn  to  supply  its  inhabitants  ?  Answer,  Much 
more  than  is  necessary,  for  they  export  considerable 
every  year. 

Question.  Do  they  make  gunpowder  in  Pennsylva- 
nia ?     Answer.     They  have,  lately. 

Question.  Have  they  taken  any  methods  to  procure 
saltpetre  ?  Answer.  They  have  established  several 
works  for  that  purpose. 

Question.  Do  they  cast  brass  cannon  ?  Answer. 
They  do  in  the  city  of  Philadelphia. 

Question.  Have  they  the  materials  and  means  of 
casting  iron  cannon  ?  Answer.  They  have,  in  great 
plenty. 


THE   UNITED   STATES   OF   AMERICA.  G05 


THE    C'OMMEIICIAL    KYSTKM    OF    TAXATION.  TaUT    111. 


Ouestion.      Do   they   make    small-arms  ?     Answer.  Examina- 

,  ,  1    ,  tion  of 

They  do,  in  great  numbers,  and  very  complete.  Gov.  Penn, 

Question.     Is  it  not  reckoned  that  there  are  in  Penn- ''»  the 

^  -.  House  01 

sylvaiiia   and   New  York,  many  strong  posts,  and  con- Lords, 

siderable  rivers  ?     Answer.     There  are.  rns.^^' 

Question.     Are  there  bridges  over  the  principal  riv- Ports  and 

crs  ?     Answer.     Bridges  arc  not  common  ;  in  general,  J""^''*'- 

.,„,.,  linages. 

there  are  ferries ;  the  rivers  are  too  rapid  lor  bridges. 

Question.     Do   they  build   ships   in   Pennsylvania  ?  Shipbuild- 
Answer.     They  do.     Question.     Do  they  build  them    °' 
expeditiously?     Answer.     Very  expeditiously.     Ques- 
tion.    Of  what  burden  ?     Answer.     Three  hundred  or 
four  hundred  tons. 

Question.  Did  the  congress,  and  the  people  in  gen- ^^'^'JJPtj^o^ 
eral,  seem  dissatisfied  with  the  reception  their  petitions  petitions. 
had  met  with  here  ?  Answer.  The  colonies  were  dis- 
satisfied with  the  reception  of  their  petitions  ;  they  had 
conceived  great  hopes  from  that  I  brought  over,  which 
was  stiled  the  olive-branch ;  and  I  was  complimented  by 
my  friends  on  being  the  bearer  thereof. 

Question.     If  conciliatory  measures  are  not  speedily  Conncc- 
pursued,  is  it  not  to  be  feared  that  the  congress  will  foreign 
form  some  connection  with  foreign  powers  ?     Answer,  powers. 
It  is  greatly  to  be  feared,  if  conciliatory  measures  are 
not  speedily  pursued. 

Question.  If  any  connection  with  foreign  powers 
should  be  formed,  do  you  not  think  that  it  will  be  very 
difficult  to  persuade  America  to  renounce  engagements 
she  has  once  entered  into  ?     Answer.     I  do. 

Question.     When  you  delivered  this  petition,  did  the  Xot  boforo 
secretary  of  state  ask  you  any  questions  relative  to  that  ]]y*^auv  one 
country?     Answer.     None  at  all.     Question.     Didhe,i'iau- 
or  any  other  minister,  at  any  other  time  since  your  ar- 
rival, ask  you  any  questions  as  to  the  state  or  temper 
of  America?     Answer.     I  have  not  been   asked   any 
questions  by  persons  in  authoritj'. 

Question.     Did  most  thinking  men  in  Philadelphia  Pufusal  of 
understand  the  refusal  of  the  petition  would  be  a  bar  [jou.^"^^'" 
to  all  reconcilement  ?     Answer.     They  did. 


606  THE   GOVERNMENTAL   HISTORY   OP 

Part  III.  origin  and  causes  of  the  rkyoli'tion. 

Examina-  Examined  bij  the  Earl of  Scmdwich.  Question.  Have 
tiou  of  yQ^^  g^gj,  vQSidi  the  declaratory  act  ?  Answer.  I  have 
in  tile  '  not  read  it.  Question.  Have  you  not  heard  of  it  ? 
LQj^jg  ^  Answer.  Yes,  I  have  heard  of  it,  but  not  much  dis- 
Nov.  10,    cussed. 

1775. 

The  "De-  Question.  Do  you  think  that  the  colonies  and  plan t- 
ciaratory  ations  in  America  have  been,  are,  and  of  right  ought 
Depend-  *°  ^^'  subordinate  unto,  and  dependent  upon  the  impe- 
ence  on  rial  crowii  and  parliament  of  Great  Britain  ?  Answer, 
aia.  "The  colonies,  I  believe,  are  inclined  to  acknowledge  the 
imperial  authority  of  Great  Britain,  but  not  in  taxa- 
tion. 
Question  Question.  Do  you  think  they  acquiesce  in  every 
aiitfdc^-  °  other  sense  of  the  declaratory  act  except  taxation  ? 
bated.  The  Duke  of  Richmond  objected  to  the  question.     He 

insisted  it  was  neither  fair,  nor  parliamentary,  to  lead 
the  witness  into  discussions  of  such  an  intricate  nature, 
for  the  purpose  of  involving  him  in  confusion  and  con- 
sequent contradiction.  He  said  it  was  a  subject  of  a 
very  abstruse  and  intricate  nature  ;  men  of  the  first  rate 
abilities  and  experience  entertained  different  opinions 
concerning  it,  and  it  was  of  course  out  of  the  view  en- 
tirely of  examinations  at  their  lordship's  bar. 

The  Earl  of  Sandwich  replied,  that  he  was  strictly 
within  order,  that  the  witness'  own  sentiments  were 
not  desired,  but  seeming  to  be  so  well  acquainted  with 
the  persons  who  composed  the  congress,  it  was  proba- 
ble they  might  have  communicated  their  opinions  to 
him  on  the  present  subject  of  inquiry. 
Mr.  Penn  Mr.  Penn  was  desired  to  withdraw  at  the  commence- 
desirodto  ^^ej^t  of  this  discussiou,  and  being  now  again  called  in, 

wnlnlraw  .  .  . 

pendinn;  replied :  Answer.  I  believe  the  colonics  acquiesce  in 
lg'rSS:tbe  words  of  the  declaratory  law. 
Election  of  Question.  Was  there  no  violence  used  in  the  elec- 
mcmbeis  tiou  of  the  members  of  the  congress  ?  Answer.  I 
gress.  know,  of  my  own  knowledge,  only  respecting  Pennsyl- 
vania, where  they  were  elected  by  the  house  of  as- 
sembly. 


THE   UNITED    STATES   OP   AMERICA.  GOT 

. . — . — — 7 

TllK    COMMEUCIAL    SYSTEM    OF    TAXATION.  TaIM'    III. 

Question.     Do  you  know  all  the  members  of  the  con-  Kxamina- 
gress  ?     Answer.     I  am  acquainted  with  almost  all  of  (i^'^  p^^^ 
tliem.     Question.     Do  you  know  Mr.  Harrison?     An- i"  the 
swer.    I  Jo  ;  he  is  a  delegate  from  Virginia.     Question.  Lords, 
Is  he  a  man  of  good  character?    Answer.    I  believe  him  ]'?7:  ^^^ 
to  be  so,  I  never  heard  to  the  contrary.     Question.     Ism,..  narri- 
he  able  to  convey  the  sense  of  the  province  he  reprc-'^°"^^  ^'^• 
sents  ?     Answer.     I   imagine    so,  or   they  would  not 
have  elected  him. 

Question.  Are  you  acquainted  with  the  sentiments 
of  America  in  general?  Answer.  I  am  particularly 
acquainted  only  with  the  sentiments  of  Pennsylvania. 

Question.     Have  you  heard  of   the  resolutions  of  Suffolk 
Suffolk  in  Massachusetts  Bay  ?     Answer.     I  have.  tions"' 

Question.  Have  the  congress  declared  their  appro- 
bation of  them?  Answer.  I  believe  they  have,  it  was 
in  the  public  papers. 

Question.  Have  you  riot  heard  of  violences  commit- 
ted on  persons  for  speaking  their  opinions?  Answer. 
Not  in  Pennsylvania. 

Question.  Are  the  sentiments  of  the  northern  and  Sentiments 
southern  provinces  similar?  Answer.  I  believe  they pl^^'^^jP'^j.^" 
are.  ally- 

Question.  Are  the  people  of  the  different  provinces 
in  a  state  of  freedom?  Answer.  They  think  them- 
selves so. 

Question.  Would  not  persons  who  were  to  advance 
different  sentiments  from  the  congress,  be  in  danger? 
Answer.     I  believe  they  would. 

Question.  Do  not  you  know  of  people  having  been 
persecuted  for  their  opinions  ?  Answer.  I  do  not  know 
of  any  such  thing  in  Pennsylvania  during  my  residence 
there. 

Question.  Have  you  not  heard  of  such  things  in 
other  colonies?     Answer.     I  have  heard  so. 

Question.     What  notice  did  the  congress  take  of  tlie'^^"  "pl'^^^ 

r»  /-I  *^1  accom- 

resolutions  of  the  House  of  Commons  last  year  ?     An-  modatiou." 


608  THE   GOVERNMENTAL    HISTORY   OP 

— w ■ ■ 

Part  III.  origin  and  causes  of  the  revohjtion. 

Examiua-  swer.  I  do  iiot  kiiow,  tliey  always  keep  their  delibera- 
Gov.  Peun,  tioiis  to  tliemselves. 

H  *'s*^  f  Question.  Was  the  plan  proposed  hj  Lord  Chatham 
Lords,  last  year  taken  notice  of  by  the  congress?  Answer, 
f"";-;,!^'- Not  that  I  know  of. 

Lord  Ghat-        /-^  •  -^^ 

ham's  plan.      Question.     Do  you  know  whether  the  congress  pub- 
lished anything  as  to  the  resolutions  of  last  year?     An- 
swer.    Not  that  I  recollect. 
The  "con-      Question.     Was   the  conciliatory  plan  of  last   year 
pian.""^^     considered  in  the  provinces?     Answer.     It  was  consid- 
ered in    Pennsylvania,  and  rejected   by  the  house  of 
assembly,  because  they  would  not  forsake  their  sister 
colonies,  nor  do  anything  without  consulting  them. 
V'ohm-  Question.     What  sort  of  men  were  the  twenty  thou- 

^^'^'         sand  men  who  offered  to  enroll  themselves?     Answer. 
They  were  men  of  the  first  character  and  fortune. 

Question.  Were  they  not  all  persons  of  property,  or 
possessing  land  ?  Answer.  There  might  be  some  oth- 
ers among  them,  but  in  general  they  were  so. 
The  power  Question.  Unless  the  congress  had  the  confidence 
sress^'  °^  ^^^^  Americans,  could  they  have  any  other  means  of 
enforcing  obedience  to  their  orders?  Answer.  They 
could  not. 

Question.  Doth  the  congress  meet  with  the  general 
approbation  of  America?  Answer.  When  the  con- 
gress was  first  proposed  no  one  ojiposed  it;  it  seemed  to 
be  the  general  wish  of  the  people. 
Opposition  Qucstion.  Could  a  sufficient  number  of  people  be 
discounte-  fQ^JJ(|  ^q  support  any  one  in  speaking  or  writing  against 
the  congress?     Answer.     No. 

Examined  by  the  Earl  of  Denbigh. 
The  char-       Question.     Arc  you  master  of  the  cliarter  of  Penn- 
Pcun^sylva-syl^'^ii^ia?     Answer.     I  believe  I  am;    I  have  read  it 
Ilia.  often. 

Qucstion.     Arc   the  inhabitants  well   satisfied  with 
their  charter?    Answer.    I  believe  they  are  perfectly  so. 
Question.     Do  you   know  the   clause  that    subjects 
them  to  taxation  ?     Answer.     I  know  that  clause. 


THE  UNITED    STATES   OF  AMERICA.  609 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaRT    III. 

Question,     Do  you  think  they  are  "satisfied  with  it?Examina- 

1  -vr  tion  of 

Answer.     Yes.  f^ov.  Penn, 

Question.     Is  it  not  the  ohject  of  the  congress  to^it'^e 

throw  off  the  reguhations  of  their  trade  ?    Answer.    No.  Lords, 
Question.     Have  not   the  congress   persecuted   the^"^"'^'^'^^' 

people  ?     Answer.     Not  to  my  knowledge. 

Question.     Would  not  the  most  opulent  inhabitants  Freedom 

prefer  freedom  under  this  country,  to  what  they  iiow  [^'Jjj*^pj.g°S' 

enjoy  ?     Answer.     They  would  prefer  it  to  any  other  ferred  to 

,    ,         n   t.        J  independ- 

state  ot  freedom.  ence. 

Question.     Do  you  think  they  wish  to  support  the 
measures  of  the  congress  at  present?     Answer.     It  is Reconcilia- 
firmly  my  opinion  that  they  do,  but  wish,  at  the  samCgired. 
time,  for  a  reconciliation  with  this  country. 

Question.     When  you  said   that   Pennsylvania  was 
satisfied  Avith  the  clause  in  their "  charter   concerning 
taxation,  did  you  mean  to  say,  that  they  were  willing 
to  be  taxed  by  parliament  ?     Answer.     I  do  not  believe  Parliamen- 
Pennsylvania  woidd   be  satisfied   to  be  taxed  by  this  [j^J^' j^^^p' 
country,  and  by  their  own  government  too." 

Here  Mr.  Penn  was  instructed  to  withdraw.*    Where-  Archi  "s 
upon  the  Duke  of  Richmond  rose,  and  insisted,  in  a  very  P- 123-127. 
able« speech,  upon  the  necessity  of  an  immediate  recon- pf^^i^^. 
ciliation  between  Great  Britain  and  her  American  colo-  moud. 
nies. 


Meanwhile  the  colonial  congress  had  convened  again  Meeting  of 
at  Philadelphia,  pursuant  to  the  resolution  of  adjourn- g^,gsg°g't^ 
ment  at  their  last  session.     This  meeting  was  signalized  I'^'^s. 
by  the  admission  of  the  colony  of  Georgia,  by  her  dele-  Georgia 
gates,  into  the  league  of  the  United  Colonies :     An  ear-  ga"es  ^^^^' 
ly  and  important  proceeding  was  the  passage  of  a  reso- 
lution of  secrecy,  as  follows,  viz. : 

"Resolved,   That  every  member  of  this  congress  con- Resolution 
siders  himself  under  the  ties  of  virtue,  honor,  and  love  ^^  ^^^^^^y' 
of  his  country,  not  to  divulge,  directly  or  indirectly,  any 
matter  or  thing  agitated  or  debated  in  congress,  before 
the  same  shall  have  been  determined,  without  leave  of 
39 


610  THE  GOVERNIWENTAL   HISTORY   OF 

Part  III.  origin  and  causes  op  the  revolution. 

The  colo-  the  congress ;  nor  any  matter  or  thing  determined  in 
gress  at'  congress  which  a  majority  of  the  congress  shall  order 
Philadel-    to  be  kept  secret ;  and  that  if  any  member  shall  violate 

phia,  Sept.,    .  .  ^  ,     ,  1     n     1  1,     T      ,  . 

i'}'j5.  this  agreement  he  shall  be  expelled  this  congress, 
and  deemed  an  enemy  to  the  liberties  of  America,  and 
liable  to  be  treated  as  such ;  and  that  every  member  sig- 
nify his  consent  to  this  agreement  by  signing  the  same." 
This  resolution,  as  proposed,  was  thereupon  passed, 

*3.  Am,    engrossed,  and  subscribed  by  all  the  delegates.* 

Archives,         o  ?  ./  o 

p.  1916.  It  does  not  appear  that  any  action  had  been  taken  by 
The  arti-  the  provincial  assemblies  upon  the  articles  for  a  colonial 
federation."  confederation  submitted  by  Dr.  Franklin  to  the  last 
congress,  and  by  them  referred  to  the  colonies,  although 
they  were  made  the  basis  of  its  proceedings  at  the  pres- 
ent session. 
Position  of  The  position  of  the  colonies  was  now  one  of  direct 
j^la^^^'  and  ominous  hostility  to  the  supreme  power  of  the 
mother  country ;  and  placed  them  at  once  and  distinct- 
ively in  a  revolutionary  attitude.  An  attitude  which 
must  inevitably  lead  to  their  subjugation  to,  or  their 
■absolute  independence  of  the  British  crown.  All  re- 
flecting and  thoughtful  men  in  America  began  to  fore- 
see the  latter  result,  and  some  of  them  even  to  calcu- 
late its  necessity  and  advantages,  without  seeming  to 
purpose  or  desire  it.  The  alternative  was  too  forcefully 
before  them  to  be  mistaken,  and  few  believed  that  they 
could  be  defeated  in  a  cause  generally  deemed  so  just. 
The  whole  maritime  equipments  of  Great  Britain,  it 
was  fondly  supposed  in  America  and  feared  in  England, 
could  not  transport  troops  sufficient  to  reduce  three 
millions  of  people  so  united  in  their  determination  to 
sacrifice  everything  in  their  struggle  for  freedom.  The 
moment  of  conciliation,  if  not  already  irrevocably  past 
in  the  decrees  of  the  Omniscient,  was  still  unimproved 
by  the  controlling  councils  of  the  parent  state. 

The  crown  remained  unmoved  by  their  petition,  the 
ministry  became  more  frenzied  by  so  unexpected  a  de- 
fiance of  their  armies,  and  their  mad  measures  we're 


THE   UNITED   STATES   OP   AMERICA.  611 


THE    COMMERCIAL    SYSTP:M    OF    TAXATION.  PaKT    III. 

persisted  in  by  parliament.    The  colonists  were  declared  The  colo- 
rcbels,  all  trade  with  them  was  prohibited ;  their  prop-  ^^gg  ^t" 
crty  declared  confiscated,  and,  with  their  persons,  made  I'Siii^idel- 
liable  to  seizure,  while  hordes  of  British  and  foreign  1775. 
troops  were  sent  over  to  force  them  to  submission. 
Every  principle  of  justice ;    every  sentiment  of  honor, 
honesty,  and  humanity ;  every  maxim  of  good  and  equi- 
table government ;  and  the  plainest  precepts  of  political 
liberty;   were  disregarded  and   trampled  down  by  an 
arbitrary,  reckless,  and  infuriate  administration,  now 
openly  and   firmly   defended   and   sanctioned   by  the*^-/*^"*- 
crown.*  p.  6. 

Under  these  circumstances,  this  session  of  the  con- 
gress was  necessarily  continuous  and  protracted:  Its 
labors  were  arduous,  difficult,  and  momentous  in  their 
performance;  lasting  and  comprehensive  in  their  se- 
quences. The  military  operations  to  be  directed ;  the 
fiscal  system  to  be  perfected ;  the  army  regulations ;  the 
appliances  for  maritime  defence;  were  all  matters  for 
serious  calculation  and  profound  deliberation;  while 
the  general  government  of  the  colonies  under  the  con- 
federated union,  and  the  direction  of  the  contest  which 
now  agitated  and  held  in  abeyance  the  destinies  of  this  Position  of 
great  people,  imposed  upon  the  members  an  immense  ^'^'^  '^°"* 
and  far-reaching  responsibility.  It  is  not  my  purpose 
to  speak  of  the  conflict  which  for  seven  long  years  tested 
the  wisdom  and  integrity  of  the  congress,  and  the  patri- 
otism, the  virtue,  and  the  valor  of  the  people  of  Amer- 
ica. Nor  do  I  feel  called  upon  to  tell  how  valiantly 
they  fought,  how  freely  they  bled,  how  much  they  sac- 
rificed, what  perils  they  encountered,  what  hardships 
they  endured,  or  what  labors  they  performed,  during 
this  eventful  period.  All  these  belong  to  another  branch 
of  their  history.  It  sufficeth  my  purpose  here  to  say, 
that  in  defence,  the  congress  fitted  out  armed  vessels  to 
intercept  such  supplies  as  were  designed  for  the  British 
troops;  all  exportations  except  from  one  colony  to 
another  were  prohibited;  letters  of  marque  and  reprisal 


612   .  THE   GOVERNMENTAL   HISTORY   OP 

Part  III.  origin  and  causes  of  thk  revolution. 

The  coio-  ^'ere  issued;  and  it  was  generally  declared,  "that  the 
eress  a't  exercisc  of  every  kind  of  authority  under  the  crown  of 
Phiiadei-    Great  Britain  be  utterly  suppressed   throughout   the 

phia,Sept.,       ,....„•'  -^  ^  ° 

1775.         colonies  m  America. 

Thus  they  were  forced  on,  step  by  step,  till  at  length 
the  ties  of  kindred  were  disregarded,  every  feeling  of 
affection  was  stifled,  and  tlie  sympathy  of  consanguin- 
ity which  had  hitherto  prompted  their  patient  endur- 
ance of  the  wrongs  inflicted  by  the  motlier  country, 
and  nourished  the  hope  of  reconciliation,  had  now 
forever  lost  its  influence  over  the  people  of  America. 
Nothing  further  remained  but  to  sever  the  tie  of  their 
political  relationship.  Their  present  position  fore- 
shadowed the  certainty  of  this  result.  The  suppres- 
sion by  the  congress  of  the  exercise  of  any  and  all 
The  crisis  authority  under  the  crown  of  Great  Britain,  was  an 
in  their      exceedingly  important  step  in  their  governmental  his- 

goverii-  o  J  I  I  D 

mental  tory.  It  was  virtually  erecting  that  body  into  an  inde- 
lan&i  ion.  ppj-j^j^j^i^  national  government,  vested  with  the  attributes 
of  sovereignty  of  which  it  had  thus  and  so  summarily 
disrobed  the  parent  kingdom.  The  power  of  the 
crown  being  suppressed,  the  power  of  the  congress 
necessarily  takes  its  place.  The  as  yet  uninherited 
and  imachieved  sovereignty  of  the  colonies  is  swal- 
lowed up  in  the  supremacy  of  the  congress,  and  they 
have  voluntarily  become  subject  to  its  direction  and 
control.  How  far  their  now  unknown  and  unclaimed 
independence  as  separate  sovereignties  may  be  made 
ultimately  to  consist  with  this  supremacy  of  power  in 
a  national  administration,  will  become  a  matter  of 
curious  and  interesting  inquiry  hereafter.  Meanwhile 
we  must  note  and  remember  the  important  fact,  that 
The  ques-  the  formal  and  open  declaration  of  their  independence 
Inde  ^e^nd-  ^^  United  States  had  not  as  yet  been  agitated  in  the 
cnce.  congress,  although  it  had  become  a  matter  of  somewhat 
earnest  discussion  in  several  of  the  provincial  assem- 
blies ;  in  the  correspondence  of  members  with  their 
constituents;    and    between    eminent    civilians,   and 


THE   UNITED   STATES   OF   AMERICA.  613 

THE    COMMERCIAL    SYSTEM    OF    TAXATION.  PaUT    III. 

prominent  officers  of  the  army.     The  congress  itself,  Tiic  coio- 
indecd,  seems  to  have  been  slow  in  encouraging  any  "l-pgy^j^t' 
such  measure  or  design.     So  much  so  that  they  were  I'l'iiadel- 
thus  rebuked  in  a  letter  written  by  General  Charles  1775-6. 
Lee  to  Richard  Henrif  Zee,  then  a  member  of   the 
congress : 

"  Williamshurgh,  May  10,  1776. 
"My  Dear  Friend  :  Your  brother  and  I  think,  from  General 

Lee  to 

the  language  of  your  letters,  that  the  pulse  of  the  Richard 
congress  is  low,  and  that  you  yourself,  with  all  your  ^:^^  °°  ^'^' 
vigor,  are,  by  collision,  somewhat  more  contracted  incnce,  May, 
your  hopes  than  we  wished  to  have  found.  If  you  do 
not  declare  immediately  for  positive  independence,  we 
are  all  ruined.  There  is  poorness  of  spirit  and  lan- 
guor in  the  late  proceedings  of  congress,  that,  I  con- 
fess, frightens  me  so  much  that  at  times  I  regret  having 
embarked  my  all,  my  fortune,  life,  and  reputation,  in 
their  bottom.  I  sometimes  wish  I  had  settled  in  some 
country  of  slaves,  where  the  most  lenient  master  gov- 
erns. However,  let  the  fate  of  my  property  be  what 
it  will,  I  hope  I  shall  preserve  my  reputation,  and 
resign  my  breath  with  a  tolerable  degree  of  grace. 
God  bless  you.  I  cannot  write  more  at  present.  '  Ah, 
Cassius,  I  am  sick  of  many  griefs.' 

"  Yours,  most  entirely,  *  6  Am, 

"Charles  Lee."*     p.iJ^""' 

This  impatience  of  the  delay  of  congress  to  declare 
their  independence  seems  to  have  been  generally  prev- 
alent with  the  officers  of  the  army,  who  considered 
such  a  step  necessary  in  order  to  inspirit  and  encour- 
age the  provincial  troops.  To  fight  for  reconciliation 
with  Great  Britain  they  had  but  little  energy  and  no 
ambition.     Independence  was  now  alone  their  aim. 

The  first  energetic  movement  in  this  direction  in  the  Rcsolu- 
congresswas  made  on  Friday,  the  seventh  day  of  June,  fiXpe°nd- 
1776,  when  resolutions  to  that  effect  were  moved  and  '^"^e,  June 

'       ,  .  „  .  -Zth,  1776. 

seconded,  as  loilows,  viz.: 


614  THE   GOVEENMENTAL    HISTOEY   OP 


Part  III.  origin  and  causes  of  the  revolution. 

The  coio-       "  Resolved,  That  these  united  colonies  are,  and  of 
"rls  at'     I'iglit  ovight  to  he,  free  and  independent  states;  that  they 
Phiiadei-    are  absolved  from  all  allegiance  to  the  British  crown, 
^  ^^'   '    ■  and  that  all  political  connection  between  them  and  the 
state  of  Great  Britain  is,  and  ought  to  be,  totally  dis- 
solved. 
Foreign  ai-     "RESOLVED,  That  it  is  expedient  forthwith  to  take 
hances,      ^j^^  most  effectual  measures  for  forming  foreign  alli- 
ances. 
For  a  con-      "RESOLVED,  That  a  plan  of  confederation  be  pre- 
*  6  Am      pared  and  transmitted  to  the  respective  colonies,  for 
Archives,    thcIr  Consideration  and  approbation."* 
p-     00.  These  resolutions  were  referred  to  a  committee  of 

Reference  the  whole  congrcss,  and  deliberated  from  day  to  day, 
on'^the^'res-  ^'^^^  ^lie  tenth  of  Juuc,  whcu  the  following  report  was 
oiutions.     made : 

"Resolved,  That  the  consideration  of  the  first  reso- 
lution be  postponed  to  Monday,  the  first  day  of  July 
next ;  and,  in  the  mean  while,  that  no  time  be  lost  in 
case  the  congress  agree  thereto,  that  a  committee  be 
appointed  to  prepare  a  declaration  to  the  effect  of  the 
said  first  resolution,  which  is  in  these  words:  'That 
these  united  colonies  are,  and  of  right  ought  to  be, 
free  and  independent  states  ;  that  they  are  absolved 
from  all  allegiance  to  the  British  crown,  and  that  all 
political  connection  between  them  and  the  state  of 
Great  Britain  is,  and  ought  to  be,  totally  dissolved.' " 

On  the  first  day  of  July,  the  foregoing  resolution 
was  made  the  order  of  the  day  for  Tuesday,  July 
second,  when  it  was  adopted  by  the  congress.  The 
proposed  Declaration  under  it  was  considered  from  day 
to  day,  till  the  fourth,  when,  the  congress  having  re- 
solved itself  into  a  committee  of  the  whole,  Mr.  Harri- 
son stated  that  the  committee  had  agreed  on  a  declara- 
tion, which  they  desired  him  to  report.  Whereupon, 
the  declaration  being  read,  was  agreed  to,  engrossed, 
and  subscribed,  as  follows,  viz. : 


THE   UNITED    STATES  OP  AMERICA.  615 

TUE    DECLARATION    OF    INDEPENDENCE.  PaRT  III, 

"A  Declaration  Thccoio- 

Bv  the  Represenlatives  of  the  United  States  of  Amer- "'"'  ^^°' 

ica,  m  (jreneral  Congress  assembled.  Phiiadel- 

"When,  in  the  course  of  human  events,  it  becomes  ^' 
necessary  for  one  people  to  dissolve  the  political  bands 
which  have  connected  them  with  another,  and  to  as-  Preamble, 
sumc  among  the  Powers  of  the  Earth  the  separate  and 
equal  station  to  which  the  Laivs  of  Nature  and  of 
Nature's  God  entitle  them,  a  decent  respect  to  the 
opinions  of  mankind  requires  that  they  should  declare 
the  causes  which  impel  them  to  the  separation. 

"We  hold  these  truths  to  be  self-evident:  that  all Ipalienable 
men  are  created  equal ;  that  they  are  endowed  by  their  "^ 
Creator  with  certain  inalienable  rights ;  that  among 
these  are  life,  liberty,  and  the  pursuit  of  happiness ; 
that  to  secure  these  rights,  governments  are  instituted 
among  men,  deriving  their  just  powers  from  the  con- 
sent of  the  governed.  That  whenever  any  form  of 
government  becomes  destructive  of  these  ends,  it  is 
the  right  of  the  people  to  alter  or  abolish  it,  and  in- Right  of 
stitute  new  government,  laying  its  foundation  on  such'^®^  '°°' 
principles,  and  organizing  its  powers  in  such  form,  as 
to  them  shall  seem  most  likely  to  effect  their  safety 
and  happiness.  Prudence,  indeed,  will  dictate  that 
governments  long  established,  should  not  be  changed 
for  light  and  transient  causes,  and  accordingly  all 
experience  hath  shown,  that  mankind  are  more  dis- 
posed to  suffer,  while  evils  are  sufferable,  than  to  right 
themselves  by  abolishing  the  forms  to  which  they  are 
accustomed.  But  when  a  long  train  of  abuses  and 
usurpations,  pursuing  invariably  the  same  object, 
evinces  a  design  to  reduce  them  under  absolute  des- 
potism, it  is  their  rights  it  is  their  duty^  to  throw  off 
such  government,  and  to  provide  new  guarjls  for  their 
future  security.  Such  has  been  the  patient  sufferance 
of  these  colonies  ;  and  such  is  now  tlie  necessity  which 
constrains  them  to  alter  their  former  systems  of  gov- 


616  THE   GOVERNMENTAL    HISTORY   OP 

Part  III,  origin  and  causes  of  the  revolution. 

The  coio-  eriiment.  The  history  of  the  present  King  of  Great 
^rels  at  -Britain  is  a  history  of  repeated  injuries  and  usurpa- 
Fhiiadel-  tions,  all  having  in  direct  object  the  establishment  of 
^  ^*  '  an  absolute  tyranny  over  these  states :  To  prove  this, 
let  facts  be  submitted  to  a  candid  world. 

"  He  has  refused  his  assent  to  laws  the  most  whole- 
some and  necessary  for  the  public  good.  He  has  for- 
bidden his  governors  to  pass  laws  of  immediate  and 
pressing  importance,  unless  suspended  in  their  opera- 
Tyranny  tion  till  his  assent  should  be  obtained,  and  when  so 
ation  of  Suspended,  he  has  utterly  neglected  to  attend  to  them, 
the  king  jj^  |^^g  refused  to  pass  other  laws,  for  the  accommoda- 
Britain.  tion  of  large  districts  of  people,  unless  those  people 
would  relinquish  the  right  of  representation  in  the 
legislature,  a  right  inestimable  to  them,  and  formidable 
to  tyrants  only.  He  has  called  together  legislative 
bodies  at  places  unusual,  uncomfortable,  and  distant 
from  the  depository  of  their  public  records,  for  the 
sole  purpose  of  fatiguing  them  into  compliance  with 
his  measures.  He  has  dissolved  representative  houses 
repeatedly  for  opposing  with  manly  firmness  his  inva- 
sions on  the  rights  of  the  people.  He  has  refused  for 
a  long  time,  after  such  dissolutions,  to  cause  others  to 
be  elected,  whereby  the  legislative  powers,  incapable 
of  annihilation,  have  returned  to  the  people  at  large 
for  their  exercise ;  the  state  remaining  in  the  mean 
time,  exposed  to  all  the  dangers  of  invasions  from 
without,  and  convulsions  from  within. 

"He  has  endeavoured  to  prevent  the  population  of 
these  states ;  for  that  purpose  obstructing  the  laws  for 
the  naturalization  of  foreigners  ;  refusing  to  pass  others 
to  encourage  their  migration  hither,  and  raising  the 
conditions  of  new  appropriations  of  lands.  He  has 
obstructed  the  administration  of  justice,  by  refusing 
his  assent  to  laws  for  establishing  judiciary  powers. 
He  has  made  judges  dependent  on  his  will  alone  for 
the  tenure  of  their  offices,  and  the  amount  and  pay- 
ment of  their  salaries.     He  has  erected  a  multitude 


THE   UNITED   STATES   OP   AMERICA.  G17 

TUE    UKCJ.ARATION    OF    INDEPENDKNCK.  1*ART    111. 

of  new  offices,  and  sent  hither  swarms  of  officers  to  The  colo- 
harass  our  people  and  eat  out  their  substance.      He^J.^^^"' 
has  kept  among  us  in  times  of  peace,  standing-  armies,  ^^^}^'^^^^- 
without  the  consent  of  our  legislatures.     He  has  affected 
to  render  the  military  independent  of,  and  superior  to 
the  civil  power. 

"  He  has  combined  with  others,  to  subject  us  to  a 
jurisdiction  foreign  to  our  constitution,  and  unacknowl- 
edged by  our  laws,  giving  his  assent  to  their  acts  of  pre- 
tended legislation ;  For  quartering  large  bodies  of  armed 
troops  among  us ;  For  protecting  them  by  a  mock  trial 
from  punishment  for  any  murders  which  they  should 
commit  on  the  inhabitants  of  these  states  ;  For  cutting 
off  our  trade  with  all  parts  of  the  world ;  For  imposing  Tyranny 
taxes  on  us  without  our  consent ;  For  depriving  us,  atlons^of^ 
in  many  cases,,  of  the  benefit  of  trial  by  jury;  For  the  king 
transporting  us  beyond  seas  to  be  tried  for  pretended  Britain, 
offences ;  For  abolishing  the  free  system  of  English 
laws  in  a  neighboring  province,  establishing  therein  an 
arbitrary  government,  and  enlarging  its  boundaries, 
so  as  to  render  it  at  once  an  example  and  fit  instrument 
for  introducing  the  same  absolute  rule  into  these  colo- 
nies ;  for  taking  away  our  charters,  abolishing  our 
most  valuable  laws,  and  altering  fundamentally  the 
forms  of  our  governments ;  for  suspending  our  own 
legislatures,  and  declaring  themselves  invested  with 
power  to  legislate  for  us  in  all  cases  whatsoever. 

"  lie  has  abdicated  government  here,  by  declaring  ns 
out  of  his  protection,  and  waging  war  against  us.  He 
has  plundered  our  seas,  ravaged  our  coasts,  burnt  our 
towns,  and  destroyed  the  lives  of  our  people.  He  is  at 
this  time  transporting  large  armies  of  foreign  mercena- 
ries, to  complete  the  works  of  death,  desolation,  and 
tyranny,  already  begun,  with  circumstances  of  cruelty 
and  perfidy,  scarcely  paralleled  in  the  most  barbarous 
ages,  and  totally  unworthy  the  head  of  a  civilized  na- 
tion. He  has  constrained  our  fellow  citizens  taken 
captive  on  the  high  seas,  to  bear  arms  against  their 


618  THE   GOVERNMENTAL    HISTORY   OF 


Fart  III.  origin  and  causes  of  the  revolution. 


The  colo-    country ;  to  become  the  executioners  of  their  friends 

gressat      ^^^  brethren,  or  to  fall  themselves  by  their  hands. 

^h^l^^^^>}U  -^^  ^^^^  excited  domestic  insurrections  amongst  us,  and 
has  endeavored  to  brmg  on  the  inhabitants  of  our  fron- 
tiers, the  merciless  Indian  Savages,  whose  known  rule 
of  warfare  is  an  undistinguished  destruction  of  all  ages, 
sexes,  and  conditions. 

f  r*j*^J°^  "  I^  every  stage  of  these  oppressions,  we  have  peti- 
'  tioned  for  redress,  in  the  most  humble  terms ;  our 
repeated  petitions  have  been  answered  only  by  repeated 
injury.  A  prince  whose  character  is  thus  marked  by 
every  act  which  may  define  a  tyrant^  is  unfit  to  be  the 
ruler  of  a  free  people.  Nor  have  we  been  wanting  in 
attentions  to  our  British  brethren ;  we  have  warned 
them  from  time  to  time,  of  attempts  by  their  legisla- 
ture to  extend  an  unwarrantable  jurisdiction  over  us ; 
we  have  reminded  them  of  the  circumstances  of  our 
emigration  and  settlement  here,  we  have  appealed  to 
their  native  justice  and  magnanimity,  and  we  have  con- 
jured them  by  the  ties  of  our  common  kindred,  to  dis- 
avow these  usurpations,  which  would  inevitably  inter- 
rupt our  connexions  and  correspondence ;  They  too 
have  been  deaf  to  the  voice  of  justice  and  consanguin- 
ity. "We  must  therefore  acquiesce  in  the  necessity,  which 
denounces  our  separation,  and  hold  them,  as  we  hold 
the  rest  of  mankind,  enemies  in  war.,  in  peace.,  friends. 
<'  WE,  therefore,  the  Representatives  of  the  UNITED 
STATES  OF  AMERICA,  in  GENERAL  CONGRESS 
assembled,  appealing  to  the  Supreme  Judge  of  the 
world,  for  the  rectitude  of  our  intentions.  Do,  in  the 
name,  and  by  authority  of  the  good  people  of  these 
colonies,  solemnly  publish  and  declare.,  That  these 
United  Colonies,  are,  and  of  right  ought  to  be,  FREE 
AND  INDEPENDENT  STATES;  that  they  are  ab- 
solved from  all  allegiance  to  the  British  crown ;  and 
that  all  political  connexion  between  them,  and  the  state 
of  Groat  Britain,  is,  and  ought  to  be  totally  dissolved, 
and  that,  as  FREE  AND  INDEPENDENT  STATES, 


THE   UNITED   STATES   OP   AMERICA.  619 

THE    DECLARATION    OF    INDEPENDENCE.  PaUT    III. 

they  have  full  power  to  levy  war,  conclude  peace,  con- The  colo- 
tract  alliances,  establish  commerce,  and  to  do  all  other  "j;^^*^"' 
acts   and  things,   which    INDEPENDENT    STATES  PMadei- 
may  of  right  do.     And  for  the  support  of  this  DECLAR-  ^  ^'^' 
ATION,  with  a  firm   reliance   on   the   protection   of 
Divine  Providence,  we  mutually  pledge  to  each  other 
our  lives,  our  fortunes,  and  our  sacred  honor. 

JOHN  HANCOCK. 

NEW  HAMPSHIRE. 

JosiAH  Bartlett,  Matthew  Tetornton. 

"William  Whipple, 

IVIASSACHUSETTS  BAY. 
Samuel  Adams,  Robert  Treat  Paine, 

John  Adams,  Elbridge  Gerry. 

RHODE  ISLAND,  &c. 

Stephen  Hopkins,  William  Ellery, 

CONNECTICUT. 

Roger  Sherman,  William  Williams, 

Samuel  Huntington,       Oliver  Wolcoit. 

NEW  YORK. 

William.  Floyd,  Francis  Lewis, 

Philip  Livingston.  Lewis  Morris. 

NEW  JERSEY. 

Richard  Stockton,  John  Hart, 

John  Witherspoon,  Abrahaim  Clark. 

Francis  Hopkinson, 

PENNSYLVANIA. 

Robert  Morris,  James  Smith, 

Benjamin  Rush,  George  Taylor, 

Benjamin  Franklin,         James  Wilson, 
John  Morton,  George  Ross. 

George  Clymer, 


620 


THE   GOVERNMENTAL    HISTORY   OF 


Part  III. 


ORIGIN    AND    CAUSES    OF    THE    REVOLUTION. 


The  colo- 
nial con- 
gress at 
Philadel- 
phia, 17Y6. 


The  men 

of  me. 


DELAWARE. 

C^SAR  Rodney,  Thomas  M'Kean. 

George  Read, 

MARYLAND. 

Samuel  Chase,  Charles  Carroll,  of 

William  Paca,  Carrollton. 

Thomas  Stone, 

VIRGINIA. 

George  Wythe,  Thos.  Nelson,  Jr., 

Richard  Henry  Lee,  Francis  Lightfoot  Lee, 

Thomas  Jefferson,  Carter  Braxton. 

Benjamin  Harrison, 

NORTH  CAROLINA. 
William  Hooper,  John  Penn. 

Joseph  Hewes, 

SOUTH  CAROLINA. 

Edward  Rutledge,  Thomas  Lynch,  Jr., 

Thos.  Heyward,  Jr.,         Arthur  Middleton. 


GEORGIA. 


Button  Gwinnett, 
Lyman  Hall, 


George  Walton. 


Resolution      Resolved,  That  this  declaration  be  sent  to  the  sev- 
''POD-        QYoi  assemblies,  conventions,  and  committees,  or  coun- 
cils of  safety ;  and  to  the  several  commanding  officers 
of  the  continental   troops ;    that  it  be  proclaimed  in 
each  of  the  United  States,  and  at  the  head  of  the  armj. 


Conclusion 
ofPartllL 


If  we  knew  nothing  more  of  the  history  of  those 
men  who  guided  our  councils  and  our  armies  during 
this  trying  period,  than  that  they  purposed,  and 
resolved,  and  wrought  out  our  independence;  that 
they  were  instrumental  in  erecting  the  fair  fabric  of 
government  which  has  made  us  so  free,  so  happy,  and 
so  prosperous  a  nation  ;  we  should  be  apt  to  think  that 
heaven  had  endowed  them  with  superior  wisdom  and 


THE   UNITED   STATES   OF   AMERICA.  G21 


THE    nECLARATION    OF    INDEPENDENCE.  PaKT    III. 


virtxic.  But  they  were  religions  men;  and  to  whatever  The  colo- 
iiame,  or  creed,  or  sect  they  belonged,  they  forgot  all  ^|.'^^J^J' 
these  party  discriminations,  and  remembered  only  riiiladel- 
thosc  fundamental  principles  of  their  religion  which  ^  "'^' 
were  embraced  alike  in  the  faith  of  all.  They  were 
self-governed  men;  and  in  their  exalted  virtue  they 
abandoned  all  considerations  of  self,  and  sought  solely 
and  only  the  good  of  their  country.  They  periled  their 
lives,  their  fortunes,  and  their  sacred  honor,  to  secure 
its  liberties.  They  were  persuaded,  they  felt,  that  the 
contest  was  one  which  involved  the  dearest  and  most 
important  of  human  rights  and  human  destinies ;  that 
on  the  issue  of  it  depended  the  proudest  hopes .  of 
America  not  only,  but  of  all  mankind.  They  loved 
justice  and  hated  oppression;  and  they  felt  that  the  tri- 
umph of  those  principles  of  civil  and  religious  liberty 
for  which  they  were  contending,  was  the  sure  precur- 
sor of  infinite  good  to  the  whole  human  family.  They 
tliouglit  not  of  the  present  alone,  they  thought,  and 
acted,  and  lived,  and  struggled,  and  suffered  for  the 
future ;  they  forgot  all  else  in  their  zeal  for  posterity. 
Freely  and  cheerfully  exposed  their  lives,  devoted  their 
property,  and  consecrated  their  blood,  to  achieve  for 
and  transmit  to  them  freedom  and  independence  ;  satis- 
fied beyond  all  doubt,  that  on  that  independence  alone, 
depended  the  most  glorious  prospects  that  had  ever 
been  opened  to  the  world.  Such  were  the  feelings,  the 
views,  the  hopes,  the  faith,  which  inspired  the  fathers 
of  our  revolution.  The  history  of  mankind  has  never 
before  known  such  illusti'ious  benefactors,  such  gener- 
ous patriotism,  such  disinterested  philanthropy,  such 
unselfish  regard  for  the  liberties  and  the  welfare  of  our 
race.  They  were  swayed  by  purer,  nobler,  prouder, 
worthier,  purposes  than  ever  hallowed  the  council 
chambers  of  Greece  or  of  ^ome.  I  admire  the  schemes 
which  held  together  those  early  and  famed  republics. 
I  venerate  the  sages,  and  the  heroes  of  Athens,  of  Sparta, 
and  of  Rome  ;  but  I  admire  far  more  our  own  political 


622  THE   GOVERNMENTAL    HISTORY  OP 

Part  III.  origin  and  causes  of  the  revolution. 

The  colo-  fabric :  I  venerate  with  a  loftier  and  holier  enthusiasm 
eress  a^'  *^^^  sages,  the  heroes,  and  the  patriots,  of  my  own  native 
Phiiadei-  land :  And  I  religiously  believe  that  the  eye  of  the 
^  ^^'  '  Omniscient  never  rested  with  so  intense  an  interest  on 
any  other  assembly  of  men  gathered  for  political  pur- 
poses. 

END  OF  PABT  HI, 


PART    IV. 

THE  GOYERNMENTAL  HISTORY  OP  THE  THIRTEEN  ANGLO-AMERICAK 
COLONIES  FROM  THEIR  UNION  UNDER  THE  DECLARATION  OP  INDE- 
PENDENCE TO  THE  ADOPTION  OP  THE  PRESENT  CONSTITUTION. 

The  Declaration  of  Independence  was  the  necessary  Protestant- 
and  legitimate  result  of  the  full  development  of  the 'p^^.f^j.^*^® 
political  elements  of  freedom  embraced  in  the  protest-  tion  of  In- 
antism  of  the  Reformation.  It  was  inaugurated,  aSe^ce. 
we  have  seen,  by  Martin  Luther,  in  his  humble  protest 
against  the  imperial  supremacy  claimed  by  the  pontifi- 
cate of  Rome  in  matters  of  religion.  In  the  same  as- 
pect of  it,  it  was  made  more  powerful  and  prominent 
when  Henry  VIII.  of  England  protested  against  the 
power  of  the  Pope,  on  his  refusal  to  annul  the  religious 
obligatiun  of  the  sacrament  of  marriage,  by  divorcing 
him  from  his  queen  Catharine,  and  sanctioning  his  alii- See  Part 
ance  with  Anne  Boleyn.  In  its  relations  with  the  free- 
dom of  the  subject  in  matters  of  religious  opinion,  or- 
ganization, and  worship,  merely;  it  gained  considerable 
ascendancy  during  the  reigns  of  Mary,  Elizabeth,  and 
their  successors.  Its  general  political  bearing  was 
mdeed  first  known  and  felt,  in  the  severance  of  the 
crown  and  kingdom  from  all  allegiance  to  Rome.  But 
this  phase  of  it  was  not  at  all  developed,  so  as  to  attract 
the  interested  attention  of  the  people,  until  the  puri- 
tans disclosed  it  more  distinctively  in  their  controver- 
sies with  both  the  Church  and  the  Crown.  They  trans- 
planted it  to  the  shores  of  New  England  where  it  became 
more  fully  developed,  spread  itself  throughout  the  colo- 
nies, giving  origin,  vitality,  and  protection,  to  their  free 
governments,  laws,  and  municipal  institutions;  while 


624  THE   GOVERNMENTAL    HISTORY   OF 

Part  IV.  thk  revolutionary  union  op  the  colonies 

Protestant-  its  reactivG  energies  contributed  to  vivify  the  leaven  of 
Deciara-  freedom  already  at  work  with  the  mass  of  mind  in  the 
tion  of  In-  q]^  world.     Its  most  signal  achievement  in  the  mother 

depend-  .  '^       . 

ence,         country,  was  its  own  elevation  to  the  throne  in  the  per- 
sons of  William  and  Mary,  and  the  establishment  of  a 
Protestant  succession  in  their  line  by  act  of  parliament ; 
giving  to  the  nation  a  free  constitution,  and  to  the  peo- 
Triumph    plc  a  share  in  the  sovereignty  vested  in  the  crown ;  just 
of  protest-  Q^^Q  century  before  the  adoption  of  our  present  federal 

antisra  in  •'  ^  ^ 

England.  Constitution.  The  English  revolution  thus  heralded 
the  more  thorough  development  and  diffusion  of  its 
elements  of  political  freedom  in  both  countries ;  while 
in  the  Anglo-American  colonies  it  infused  into  the 
minds  of  the  people,  and  the  councils  of  the  various 
provinces,  a  spirit  of  liberty  and  independence,  which 
resulted,  as  now,  in  the  severance  of  the  relations  of 
Itstriumph  political  supremacy  and  subjection  between  the  empire 
m  Amen-  ^^  q^qq^  Britain  and  the  inhabitants  of  America. 

Thus  it  is  that  a  Protestant  Christianity  has  been  made, 
and  is,  under  Providence,  the  life  and  the  conservation 
of  our  republican  freedom,  union,  and  institutions:  So 
that  by  the  constitutions  of  all  the  states,  as  well  as  by 
the  consent  of  the  whole  American  people,  it  is  now 
regarded  as  an  essential  element  in  our  political  sys- 
tems ;  while  the  Bible,  whence  it  emanates,  is  the  ac- 
knowledged* depository  and  fountain  of  all  civil  and 
religious  liberty.  Though  our  forefathers  did,  yet  it  is  to 
be  feared  that  the  statesmen  and  politicians  of  our  own 
day  have  not,  thus  read  the  genealogical  record  of  our 
free  institutions  and  forms  of  government.  Yet  it  well 
becomes  the  Christian  historian  and  philosopher,  as  well 
as  the  rulers  and  the  people,  to  refer  to  the  true  foun- 
dations, if  they  would  preserve  the  superstructure  in  a 
healthy,  vigorous,  and  permanent  existence. 

The  Declaration  of  Independence,  thus  initiated,  it 
will  at  once  be  observed,  opened  a  new  and  interesting 
era  in  the  governmental  history  of  the  colonics.  Hav- 
ing ventured  to  assume  a  separate  and  equal  rank  among 


THE   UNITED   STATES   OP   AMERICA.  625 

UNDER    THE    DECLARATION    OF    INDEPENDENCE.  PaRT    IV, 

the  nations  of  the  earth  by  proclaiming  that  they  were  EiTect  of 
free  and  independent  states;   that  they  were  absolved  r,jf^Q„*^Qf^' 
from  all  allegiance  to  the  British  crown;  and  that  alP'^'^^'pend- 

T   •      1  •  1  IT  /.  <'"t'e  upon 

political  connection  between  them  and  the  state  of  the  condu 
Grcat  Britain  was  totally  dissolved;  and  that  as //•(?e *'°,'^^"/g*^® 
and  independent  states  they  had  power  to  levy  war ;  con- 1776 
elude  peace ;  contract  alliances ;  establish  commerce ; 
and  to  do  all  other  acts  and  things  which  independent 
states  may  of  right  do ;  the  necessity  was  originated  for 
the  adoption  of  some  new  system  of  government,  as 
well  to  establish  and  define  their  relations  with  each 
other,  as  to  regulate  their  intercourse  and  relations 
with  foreign  powers.  The  fabric  of  association  under 
which  they  had  hitherto  united,  was  inadequate,  in  its 
nature  and  provisions,  to  their  present  position;  inas- Necessity 
much  as  in  its  formation  they  had  not  contemplated  a°^^g°^7 
separation  of  themselves  from  all  dependence  upon  the  ment. 
Britisli  crown.  Their  confederation  was  the  offspring 
of  tlie  peculiar  circumstances  by  which  they  were  sur- 
rounded, and,  though  not  in  its  original  objects  or  de- 
sign, was  yet  in  its  spirit  and  its  tendencies,  of  a  revo- 
lutionary character,  and  may  well  be  denominated  a 
■revolutionary  government.  It  might  have  availed  them 
as  colonies  for  all  the  purposes  of  resisting  the  aggres- 
sions, or  staying  the  oppressions  of  the  parent  state, 
while  that  was  their  only  aim ;  while  each  admitted  and 
felt  the  necessity  of  such  resistance;  and  while  the 
nature  and  extent  of  that  resistance  seemed  limited  and 
defined  by  the  respected  sense  of  allegiance.  But  when 
the  sense  of  allegiance  was  itself  eradicated,  and  the 
object  of  resistance  was  to  establish  their  independence ; 
when  they  had  brought  themselves  to  feel  that  they 
were  no  longer  an  infant  community  subject  to  the  con- 
trol of  a  parent  power ;  that  they  had  attained  to  the 
full  stature,  to  the  maturity,  strength  and  position,  of 
a  gigantic  Nation;  they  felt  also  that  other  and  far 
Higher  interests  depended  on  the  issue  of  achieving  and 
sustaining  their  indcpendcuce.  They  felt,  that  what- 
40 


626  THE   GOVERNMENTAL   HISTORY   OF 


Part  IV.       the  revolutionary  union  of  the  colonies 

The  con-  ever  the  force  of  arms,  nerved  and  wielded  by  the  indig- 
Phiiadel-  n^^t  rcsistancc  of  a  people  rising  against  their  oppres- 
phia,  iiie.  gors  and  resolved  upon  independence,  might  accomplish ; 
the  security  and  respectability  of  the  position  which 
they  had  taken  before  the  world,  depended  more  upon 
a  wisely-adapted  and  well-ordered  frame  of  govern- 
ment. 

It  was  with  a  deep  and  solemn  sense  of  the  impor- 
tance of  these  considerations  that  the  congress  assem- 
Comrnittee  bled  at  Philadelphia,  anticipating  the  necessity, 
to  draft  a       ^^  Rcsolved,  that  a  committee  be  appointed  to  prepare 
form  of      and  digest  the  form  of  a  confederation  to  be  entered 

confede-      .  ° 

ration,       into  between  these  colonies."* 

.^une  lit  .  rpi^Q  members  appointed  upon  this  committee,  pursu- 
Archivcs.  ^nt  to  the  resolution,  were,  Mr.  Bartlett,  of  New  Hamp- 
Comniittce  shire ;  Mr.  S.  Adams,  of  Massachusetts;  Mr.  Hopkins, 
federation,  of  Rhode  Island;  Mr.  Sherman,  of  Connecticut;  Mr. 

R.  R.  Livingston,  of  New  York;  Mr.  ,   of 

New  Jersey;  Mr.  Dickinson,  of  Pennsylvania;  Mr.  Mc- 
Kcano,  of  Delaware ;  Mr.  Stone,  of  Maryland ;  Mr.  Nel- 
son, of  Virginia;  Mr.  Hewes,  of  North  Carolina;  Mr. 
Rutledge,  of  South  Carolina;   and  Mr.  Gwinnett,  of 
Georgia. 
First  re-         The  committcG,  having  taken  the  subject  into  consid- 
committee*^  cration,  reported  a  draft  of  articles  on  the  twelfth  day 
July  12th.  of  July  following;  which  being  read  before  the  congress 

in  committee  of  the  whole,  it  was 

Ordered         "  Ordered,  that  eighty  copies  and  no  more,  be  printed 

printed,     f^^.  j-j-^g  ^^g^  ^f  ^j^^  members;  the  printer  to  be  bound 

under  oath  to  deliver  all  the  copies  which  he  should 

print,  together  with  the  copy  sheet,  to  the  secretary ; 

and  not  to  disclose,  either  directly  or  indirectly,  the 

Secrecy      contents  of  the  said  confederation :     That  no  member 

enjoined,    f^^.j^igi^  ^ny  person  with  his  copy,  or  take  any  steps  by 

which  the  said  confederation  may  be  re-printed;  and 

that  the  secretary  be  under  the  like  injunction." 

The  subject  continued  to  be  debated  from  time  to 
time,  or  discussed  among  the  members  of  the  commit- 


THE   UNITED   STATES   OP  AMERICA.  627 

UNDER    THE    DECLARATION    OF    INDEPENDENCE.  FaKT    IV. 

tec,  and    seems  to  have  been  attended  with    a    great  The  con- 
deal  of  difficulty,  which  rendered  it  extremely  doubtful  rhiUuid- 
whether  any  confederated  union  of  the  colonies  as  inde-P^''».  ^776. 
pendent  states  could  be  satisfactorily  established.     Each 
began  to  feel  as  if  it  were  severally  independent,  and  to  (^Jj°  i^i^^^Jq 
claim  a  corresponding  importance.    There  were,  indeed,  pioposcd 
questions  of  interesting   and  far-reaching   magnitude  ^.^jj^j^itt^g^ 
involved  in  the  proposition,  which  were  not,  and  could 
not  have  been,  anticipated  in  their  state  of  dependency 
upon  the  crown,  but  which  now  crowded  upon  their 
deliberations  with  a  critical  and  urgent  necessity  and 
importance.     "  If  a  confederation  should  take  place,"  Difficulties 
says  John  Adams,  in  a  letter  written  from  Philadelphia  question, 
at  this  time,  "one  great  question  is,  how  we  shall  vote;  July  29th. 
whether  each  colony  shall  count  one,  or  whether  each 
shall  have  a  weight  in  proportion  to  its  number,  or 
wealth,  or  exports  and  imports,  or  a  compound  ratio  of 
all?     Another  is,  whether  congress  shall  have  authority 
to  limit  the  dominions  of  each  colony ;  to  prevent  those 
which  claim,  by  charter,  or  proclamation,  or  commis-^ 
sion,  to  the  south  sea,  from  growing  too  great  and  pow- Archive's, 
erful,  so  as  to  be  dangerous  to  the  rest?"*  ^'^^  series. 

On  the  twentieth  of  August,  the  congress  beinor  in  Second  re- 
committee  of  the  whole,  Mr.  Morton  reported,  that  the  committee^ 
committee  having  under  consideration  the  form  of  a^"S-  20th. 
confederation  "  had  gone  through  the  same,  and  agreed 
to  sundry,  articles  which  he  was  ordered  to  submit  to 
the  congress."     This  report  being  read,  it  was  "  ordered,  Ordered 
that  eighty  copies  of  the  articles  of  confederation  as  P""^"*^*^- 
reported  from  the  committee  of  the  whole,  be  printed 
under  the  same  injunctions  as  the  former  articles  were 
printed  ;  and  delivered  to  the  members  under  the  like 
instructions  as  formerly." 

On  the  tenth  of  September,  Mr.  Josiah  Bartlett,  in 
congress,  at  Philadelphia,  writes  to  Col.  Whipple,  at 
Boston,  "  nothing  has  since  been  done  about  the  con- 
federation, as  the  congress  is  pretty  thin,  and  hurried 


628  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  revolutionakt  union  of  thk  colonies 

The  con-  with  other  business."  And  again,  on  the  fourteenth 
Phiiadci-  o^  *^^^  same  month,  "  the  affair  of  the  confederation 
phia,  1116.  rests  at  present." 

Delay  of        Tluis  the  matter  continued  to  linger  in  the  consid- 
f*d  ^"t"      oration  of  congress,  most  generally  being  deferred  on 
account  of  the  more  immediate  necessity  of  legislation 
with  reference  to  the  army  and  the  war ;  and  also  be- 
lts embar-  cause  of  the  difficulty  of  adjusting  its  various  articles 
rassments.  ^q  ^i^q  satisfaction  of  the  several  colonies.     The  provis- 
ions which  gave  rise  to  the  most  discussion,  as  they  pro- 
ceeded, related  to  the  mode  of  voting ;  to  the  basis  of 
representation  in  congress  ;  to  the  apportionment  of  the 
general  expenses  among  the  states,  and  their  territorial 
limits  ;  to  the  powers  of  congress  and  of  the  states ; 
and  to  the  currency  ;  all  of  which  were  matters  of  grave 
debate  and  tended  to  protract  their  deliberations.    Thus 
the  subject  continued  to  be  agitated  until  the  fifteenth 
day  of  November,  when  the  committee  reported  the 
reported    foUowing  articles,  which  were  agreed  to,  and  adopted 

and  adopt-  ^y  the  COUgrCSS,  vlz. : 

Articles  of  Confederation  and  Perpetual  Union,  be- 
tween THE  States  of  New  Hampshire,  Massachusetts 
Bay,  Rhode  Island  and  Providence  Plantations, 
Connecticut,  Neio  York,  New  Jersey,  Pennsylvania, 
Delaware,  Maryland,  Virginia,  North  Carolina, 
South  Carolina  and  Georgia. 

Its  style.        Art.  1.  The  style  of  this  confederacy  shall  be,  "The 

United  States  of  America." 
State  sovc-     Art.  2.  Each  state  retains  its  sovereignty,  freedom, 
reigQ  y.      ^^^  independence,  and  every  power,  jurisdiction  and 
right,  which  is  not  by  this  confederation  expressly  dele- 
gated to  the  United  States  in  congress  assembled. 
The  cove-       Art.  3.  The  said  states  hereby  severally  enter  into  a 
nant.         ^^^^^^  league  of  friendship  with  each  other,  for  their  com- 
mon defence,  the  security  of  their  liberties,  and  their 
mutual  and  general  welfare,  binding  themselves  to  as- 


THE   UNITED   STATES   OP   AMERICA.  G29 

UNDER    TOE    DECLARATION    OF    INDEPENDENCE.  PaRT    IV. 

sist  each  other  against  all  force  offered  to,  or  attacks  The  con- 
made  upon  them,  or  any  of  them,  OM  account  of  ^'c^i- p^l'i'jadel- 
gion,  sovereignty,  trade,  or  any  other  pretence  what-  pi'ia,  1776. 

Articles  of 
^^®^'  couledera- 

Art.  4.  §  1.  The  better  to  secure  and  perpetuate  mu-tion  adopt- 
tual  friendship  and  intercourse  among  the  people  of  the  i-jti^ 
different  states  in  this  union,  the  free  inhabitants  of 
each  of  these  states,  paupers,  vagabonds,  and  fugitives 
from  justice  excepted,  shall  be  entitled  to  all  privileges 
and  immunities  of  free  citizens  in  the  several  states ; 
and  the  people  of  each  state  shall  have  free  ingress  and 
egress  to  and  from  any  other  state,  and  shall  enjoy  inter- 

course  DG* 

therein  all  the  privileges  of  trade  and  commerce,  sub-tweenthe 
ject  to  the  same  duties,  impositions  and  restrictions,  as^*^*^^- 
the  inhabitants  thereof  respectively ;  provided,  that 
such  restrictions  shall  not  extend  so  far  as  to  prevent 
the  removal  of  property  imported  into  any  state,  to  any 
other  state  of  which  the  owner  is  an  inhabitant ;  pro- 
vided also,  that  no  impositions,  duties,  or  restrictions 
shall  be  laid  by  any  state  on  the  property  of  the  United 
States,  or  either  of  thena. 

§  2.  If  any  person  guilty  of,  or  charged  with  treason,  Fugitives 
felony,  or  other  high  misdemeanor  in  any  state,  shall  [[°™j"^' 
flee  from  justice,  and  be  found  in  any  part  of  the  Uni- 
ted States,  he  shall,  upon  the  demand  of  the  governor 
or  executive  power  of  the  state  from  which  he  fled,  be 
delivered  up  and  removed  to  the  state  having  jurisdic- 
tion of  his  offence. 

§  3.  Full  faith  and  credit  shall  be  given  in  each  of  State 
these  states,  to  the  records,  acts,  and  judicial  proceed-  '■^'^*"'°^* 
ings   of  the   courts   and   magistrates   of  every   other 
state. 

Art.  5.  §  1.     For  the  more  convenient  management  Delegatga 
of  the  general  interests  of  the  United  States,  deleerates*''  '^°°' ' 

°  '  o  gress. 

shall  be  annually  appointed  in  such  manner  as  the  leg- 
islature of  each  state  shall  direct,  to  meet  in  congress 
on  the  first  Monday  in  November  in  every  year,  with  a 
power  reserved  to  each  state  to  recall  its  delegates,  or 


630 


THE   GOVERNMENTAL   HISTORY   OP 


Part  IV. 


THE  REVOLUTIONARY  UNION  OF  THE  COLONIES 


The  con- 
gress at 
Philadel- 
phia, 1776. 
Articles  of 
confedera- 
tion adopt- 
ed Nov. 
17th. 
Repre- 
sentation 
in  con- 
gress. 


Mainten- 
ance of 

delegates. 

Vote  of 
each  state 

Freedom 
of  speech 
and  ex- 
emption 
from  ar- 
rest. 


State  em- 
bassies, 
alliances, 
&c. 


Treaties 
between 
the  states 


any  of  them,  at  any  time  within  the  year,  and  to  send 
others  in  their  stead,  for  the  remainder  of  the  year. 

§  2.  No  state  shall  be  represented  in  congress  by  less 
than  two,  nor  more  than  seven  members ;  and  no  per- 
son shall  be  capable  of  being  a  delegate  for  more  than 
three  years,  in  any  term  of  six  years ;  nor  shall  any 
person,  being  a  delegate,  be  capable  of  holding  any 
office  under  the  United  States,  for  which  he,  or  any 
other  for  his  benefit,  receives  any  salary,  fees,  or  emolu- 
ment of  any  kind. 

§  3.  Each  state  shall  maintain  its  own  delegates  in  a 
meeting  of  the  states,  and  while  they  act  as  members 
of  the  committee  of  these  states. 

§  4.  In  determining  questions  in  the  United  States 
in  congress  assembled,  each  state  shall  have  one  vote. 

§  5.  Freedom  of  speech  and  debate  in  congress  shall 
not  be  impeached  or  questioned  in  any  court  or  place 
out  of  congress,  and  the  members  of  congress  shall  be 
protected  in  their  persons  from  arrests  and  imprison- 
ments during  the  time  of  their  going  to  and  from,  and 
attendance  on  congress,  except  for  treason,  felony,  or 
breach  of  the  peace. 

Art.  6.  §  1.  No  state,  without  the  consent  of  the 
United  States  in  congress  assembled,  shall  send  an  em- 
bassy to,  or  receive  any  embassy  from,  or  enter  into 
any  conference,  agreement,  alliance,  or  treaty  with  any 
king,  prince,  or  state,  nor  shall  any  person  holding  any 
office  of  profit  or  trust  under  the  United  States,  or  any 
of  them,  accept  of  any  present,  emolument,  office  or 
title,  of  any  kind  whatever,  from  any  king,  prince,  or 
foreign  state ;  nor  shall  the  United  States  in  congress 
assembled,  or  any  of  them,  grant  any  title  of  nobility. 
§  2.  No  two  or  more  states  shall  enter  into  any  treaty, 
confederation  or  alliance  whatever,  between  them,  with- 
out the  consent  of  the  United  States  in  congress  as- 
sembled, specifying  accurately  the  purposes  for  which 
the  same  is  to  be  entered  into,  and  how  long  it  shall 
continue. 


THE   UNITED   STATES   OF   AMERICA.  631 

UNDKR    THE    DKCLARATION    OK    INDEPENDENCE.  PaKT    IV. 

§  3.  No  state  shall  lay  any  imposts  or  duties  which  The  con- 
may  interfere  with  any  stipulations  in  treaties  entered  pi|ji^(fj;i. 
into  by  the  United  States,  in  congress  assembled,  with  pi»i^,  n76. 

...       Imposts, 

any  king,  prince,  or  state,  in  pursuance  oi  any  treaties  duties,  &c. 
already  proposed  by  congress  to  the  courts  of  France 
and  Spain. 

§  4.  No  vessels  of  war  shall  be  kept  up  in  time  of 
peace  by  any  state,  except  such  number  only  as  shall 
be  deemed  necessary  by  the  United  States  in  congress 
assembled,  for  the  defence  of  such  state,  or  its  trade  ; 
nor  shall  any  body  of  forces  be  kept  up  by  any  state,  in 
time  of  peace,  except  such  number  only  as,  in  the  judg- Vessels  of 
ment  of  the  United  States  in  congress  assembled,  shall  innuwy 
be  deemed  requisite  to  garrison  the  forts  necessary  for  forces. 
the  defence  of  such  state ;  but  every  state  shall  always 
keep  up  a  well  regulated  and  discij)lined  militia,  suffi- 
ciently armed   and   accoutred,  and  shall  provide  and 
constantly  have  ready  for  use,  in  public  stores,  a  due 
number  of  field-pieces  and  tents,  and  a  proper  quantity 
of  arms,  ammunition,  and  camp  equipage. 

§  5.  No  state  shall  engage  in  any  war  without  the  War. 
consent  of  the  United  States  in  congress  assembled, 
unless  such  state  be  actually  invaded  by  enemies,  or 
sliall  have  received  certain  advice  of  a  resolution  being 
formed  by  some  nation  of  Indians  to  invade  such  state, 
and  the  danger  is  so  imminent  as  not  to  admit  of  delay 
till  the  United  States  in  congress  assembled  can  be  con- 
sulted ;  nor  shall  any  state  grant  commissions  to  any 
ships  or  vessels  of  war,  nor  letters  of  marque  or  repri- 
sal, except  it  be  after  a  declaration  of  war  by  the  Uni- 
ted States  in  congress  assembled,  and  then  only  against 
the  kingdom  or  state,  and  the  subjects  thereof,  against 
which  war  has  been  so  declared,  and  under  such  regu- 
lations as  shall  be  established  by  the  United  States  in 
congress  assembled ;  unless  such  state  be  infested  by 
pirates,  in  which  case  vessels  of  war  may  be  fitted  out 
for  that  occasion,  and  kept  so  long  as  the  danger  shall 


632  THE   GOVERNMENTAL   HISTORY   OF 

PaKT    IV.  THE    REVOLDTIONARY    UNION    OF    THE    COLONIES 

The  con-  continue,  or  until  the  United  States  in  congress  asseiii- 
riiiiad'ei-    ^^^^  shall  determine  otherwise. 

phia,  1776.  Art.  7.  When  land  forces  are  raised  by  any  state  for 
confedera-  *^^®  commoii  defcncc,  all  officers  of  or  under  the  rank 
tion  adopt-  of  coloncl,  shall  be  appointed  by  the  legislature  of  each 
17th.  state  respectively  by  whom  such  forces  shall  be  raised, 
Laud         or  in  such  manner  as  such  state  shall  direct,  and  all 

forces,  how  .         i     n  i      ^,1     1  1        i  i  •   1     ^ 

oflicered.    vacancies  shall  be  failed  up  by  the  state  which  tirst  made 

the  appointment. 
Expenses       Art.  8.  All  charges  of  war,  and  all  other  expenses 
how  to  be  ^^^^^  shall  be  incurred  for  the  common  defence  or  gen- 
levied.       ei%l  welfare,  and  allowed  by  the  United  States  in  con- 
gress assembled,  shall  be  defrayed   out  of  a  common 
treasury,  which  shall  be  supplied  by  the  several  states, 
in  proportion  to  the  value  of  all  land  within  each  state, 
granted  to  or  surveyed  for  any  person,  as  such  land  and 
the  buildings  and  improvements  thereon  shall  be  esti- 
mated, according  to  such  mode  as  the  United  States  in 
congress  assembled  shall,  from  time  to  time,  direct  and 
appoint.     The  taxes  for  paying  that  proportion  shall  be 
laid  and   levied  by  the  authority  and  direction  of  the 
legislatures  of  the  several  states  within  the  time  agreed 
upon  by  the  United  States  in  congress  assembled. 
Powers  of      Art.  9.  §  1.     The  United  States  in  congress  assem- 
the  con-    i,\q^  shall  have  the  sole  and  exclusive  rieht  and  power 

gress,  and  ^  . 

restrictions  of  determining  on  peace  and  war,  except  in  the  cases 
states!  mentioned  in  the  sixth  article  ;  of  sending  and  receiv- 
ing ambassadors ;  entering  into  treaties  and  alliances  ; 
provided  that  no  treaty  of  commerce  shall  be  made, 
whereby  the  legislative  power  of  the  respective  states 
shall  be  restrained  from  imposing  such  imposts  and 
duties  on  foreigners,  as  their  own  people  are  sub- 
jected to,  or  from  prohibiting  the  exportation  or  import- 
ation of  any  species  of  goods  or  commodities  whatso- 
ever; of  establishing  rules  for  deciding  in  all  cases 
what  captures  on  land  or  water  shall  be  legal ;  and  in 
"what  manner  prizes  taken  by  land  or  naval  forces  in 
the  service  of  the  United  States  shall  be  divided  or  ap- 


THE   UNITED   STATES   OF   AMERICA.  638 

UNDICR    THE    DECLARATION    OF    INDKPIiNUENCE.  PaUT    IV. 

propriated  ;  of  granting  letters  of  marque  and  reprisal  The  con- 
in  times  of  peace ;  appointing  courts  for  tile  trial  of  nlj^add- 
piracics  and  felonies  committed  on  the  high  seas  ;  and  p'''-^.  i776. 
establishing  courts  for  receiving  and  determining  finally  ^'^JlJjJlj^^j.^J! 
appeals  in  all  cases  of  captures  ;  provided  that  no  mem-  tion  adopt- 
her  of  congress  shall  be  appointed  a  judge  of  any  of  *" 
the  said  courts. 

§  2.  The  United  States  in  congress  assembled,  shall 
also  be  the  last  resort  on  appeal  in  all  disputes  and  dif- 
ferences now  subsisting,  or  that  hereafter  may  arise 
between  two  or  more  states  concerning  boundary,  juris- 
diction, or  any  other  cause  whatever ;  which  authority 
shall,  always  be  exercised  in  the  manner  following: 
Whenever  the  legislative  or  executive  authority  or  law 
ful  agent  of  any  state  in  controversy  with  another, 
shall  present  a  petition  to  congress,  stating  the  matter 
in  question,  and  praying  for  a  hearing,  notice  thereof 
shall  be  given  by  order  of  congress  to  the  legislative  or 
executive  authority  of  the  other  state  in  controversy, 
and  a  day  assigned  for  the  appearance  of  the  parties  by  Congress 
their  lawful  agents,  who  shall  then  be  directed  to  an- ''^'^°"'',^°^ 

°  t"   appeal  la 

point,  by  joint  consent,  commissioners  or  judges  to  con- the  last  re- 
stitute a  court  for  hearing  and  determining  the  matter  ^^'^^ 
in  question ;  but  if  they  cannot  agree,  congress  shall 
name  three  persons  out  of  each  of  the  United  States, 
and,  from  the  list  of  such  persons  each  party  shall  alter- 
nately strike  out  one,  the  petitioners  beginning,  until 
the  number  shall  be  reduced  to  thirteen ;  and  from 
that  number  not  less  than  seven,  nor  more  than  nine, 
names,  as  congress  shall  direct,  shall,  in  the  presence 
of  congress,  be  drawn  out  by  lot;  and  the  persons 
whose  names  shall  be  so  drawn,  or  any  five  of  them, 
shall  be  commissioners  or  judges,  to  hear  and  finally 
determine  the  controversy,  so  always  as  a  major  part 
of  the  judges  who  shall  hear  the  cause,  shall  agree  in 
the  determination  :  and  if  either  party  shall  neglect  to 
attend  at  the  day  appointed,  without  showing  reasons 
which  congress  shall  judge  sufficient,  or  being  present; 


634  THE   GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  revolutionary  union  of  the  colonies 

Tliecon-    sliall  refuse  to  strike,  the  congress  shall  proceed  to 
rmiadei-    iiominate  three  persons  out  of  each  state,  and  the  sec- 
phia,  1776.  rctarj  of  congress  shall  strike  in  behalf  of  such  party 
Articles  of  absent  or  refusing ;  and  the  judgment  and  sentence  of 
tion  adopt-  the  court,  to  be  appointed  in  the  manner  before  pre- 
^  '■^^'    •  scribed,  shall  be  final  and  conclusive  ;  and  if  any  of  the 
parties  shall  refuse  to  submit  to  the  authority  of  such 
court,  or  to  appear  or  defend  their  claim  or  cause,  the 
court  shall  nevertheless  proceed  to  pronounce  sentence, 
or  judgment,  which  shall  in  like  manner  be  final  and 
decisive  ;  the  judgment  or  sentence  and  other  proceed- 
ings being  in  either  case  transmitted  to  congress,  and 
lodged  among  the  acts  of  congress,  for  the  security  of 
the  parties  concerned :  provided,  that   every  commis- 
sioner, before  he  sits  in  judgment,  shall  take  an  oath, 
to  be  administered  by  one  of  the  judges  of  the  supreme 
or  superior  court  of  the  state  where  the  cause  shall  be 
tried,  "  well  and  truly  to  hear  and  determine  the  mat- 
ter in  question,  according  to  the  best  of  his  judgment 
without  favor,  affection,  or   hope  of  reward."     Pro- 
vided, also,  that  no  state  shall  be  deprived  of  territory 
for  the  benefit  of  the  United  States. 

§  3.  All  controversies  concerning  the  private  right 
of  soil  claimed  under  different  grants  of  two  or  more 
states,  whose  jurisdiction,   as  they   may  respect   such 
Jurisdic-    lands  and  the  states  which  passed  such  grants  are  ad- 
^"^33    justed,  the  said  grants  of  either  of  them  being  at  tlie 
as  to  right  game  time  claimed  to  have   originated  antecedent  to 
such  settlement  of  jurisdiction,   shall,  on  the  petition 
of  either  party  to  the  congress  of  the  United  States,  be 
fully  determined,  as  near  as  may  be,  in  the  same  man- 
ner as  is  before  prescribed  for  deciding  disputes  respect- 
ing territorial  jurisdiction  between  different  states. 
Value  of        ^  4.  The  United  States  in  congress  assembled,  shall 
Wei  hts     ^^^°  ^^^^^  *^^®  ^^^®  ^^^^  exclusive  right  and  power  of 
and  meas-  regulating  the  alloy  and  value  of  coin  struck  by  their 
^^^'         own  authority,  or  by  that  of  the  respective  states  ;  fix- 
ing the  standard  of  weights  and  measures  throughout 


THE   UNITED   STATES   OF   AMERICA.  635 

UNDER    THE    DECLARATION    OF    INDEPENDENCE.  PaRT    IV. 

the  United  States  ;  regulating  the  trade,  and  managing  The  con- 
all  allairs  with  the  Indians,  not  members  of  any  of  the  pilji'adei 
states ;  provided  that  the  legislative  right  of  any  state,  pi'^,  nve. 
within  its  own  limits,  be   not  infringed  or  violated :  ^•"''y'^^  of 

'  o  '  ooiiiedera- 

cstablishing  and  regulating  post-offices  from  one  state  tion  adopt- 
to    another,   throughout   all   the    United    States,   and 
exacting  such  postage  on  the  papers  passing  through 
the  same,  as  may  be  requisite  to  defray  the  expenses  of 
the  said  office  ;  appointing  all  officers  of  the  land  forces 
in  the   service  of  the  United  States,  excepting  regi-Amy, 
mental  officers ;  appointing  all  the  officers  of  the  naval  office^  &c. 
forces,  and  commissioning  all  officers  whatever  in  the 
service  of  the  United  States :    making  rules  for  the 
government  and  regulation  of  the  said  land  and  naval 
forces,  and  directing  their  operations. 

^  5.  The  United  States  in  congress  assembled,  shall  Commit- 

.  .  .  ,      .  tee  of  the 

have  authority  to  appoint  a  committee  to  sit  in  the  states, 
recess  of  congress,  to  be  denominated  "^  Comvdttee 
of  the  States,"  and  to  consist  of  one  delegate  from  each 
state :  aiid  to  appoint  such  other  committees  and  civil 
officers  as  may  be  necessary  for  managing  the  general 
affairs  of  the  United  States  under  their  direction ;  to 
appoint  one  of  their  number  to  preside ;  provided  that 
no  person  be  allowed  to  serve  in  the  office  of  president 
more  than  one  year  in  any  term  of  three  years ;  to  ^g  jm-is- 
ascertain  the  necessary  sums  of  money  to  be  raised  for  diction  and 
the  service  of  the  United  States,  and  to  appropriate 
and  apply  the  same  for  defraying  the  public  expenses ; 
to  borrow  money  or  remit  bills  on  the  credit  of  the 
United  States,  transmitting  every  half  year  to  the 
respective  states  an  account  of  the  sums  of  money  so 
borrowed  or  remitted ;  to  build  and  equip  a  navy  ;  to 
agree  upon  the  number  of  land  forces,  and  to  make 
requisitions  from  each  state  for  its  quota,  in  proportion 
to  the  number  of  white  inhabitants  in  such  state,  which 
requisition  shall  be  binding ;  and  thereupon  the  legis- 
lature of  each  state  shall  appoint  the  regimental  offi- 
cers, raise  the  men,  clothe,  arm,  and  equip  them,  in  a 


CoG  THE   GOVERNMENTAL    HISTORY   OP 

Part  IV.  the  revolutionary  union  op  the  colonies. 

The  con-    soldier-like   manner,    at   the   expense   of    the   United 
PWiacfei-    ^^tates  ;  and  the  officers  and  men  so  clothed,  armed  and 
phia,  1776.  equipped,   shall    march  to  the    place    appointed,  and 
«mfedera-^  within  the  time  agreed  on  by  the  United  States  in  con- 
tion adopt- gross  assembled;  but  if  the  United  States  in  congress 
'  assembled   shall,  on   consideration   of   circumstances, 
judge  proper  that  any  state  should  not  raise  men,  or 
should  raise  a  smaller  number  than  its  quota,  and  that 
any  other  state  should  raise  a  greater  number  of  men 
than  the  quota  thereof,  such  extra  number  shall  be 
raised,  officered,  clothed,  armed  and  equipped  in  the 
same  manner  as  the  quota  of  such  state,  unless  the 
legislature  of  such  state   shall  judge  that  such  extra 
number  cannot  be  safely  spared  out  the  same,  in  which 
case  they  shall  raise,  ofiicer,  clothe,  arm,  and  equip,  as 
many  of  such  extra  number  as  they  judge  can  be  safely 
spared,  and  the   officers  and  men  so  clothed,  armed, 
and  equipped,  shall  march   to  the  place  appointed,  and 
within  the  time  agreed  on  by  the  United  States  in  con- 
gress assembled. 
Powers  by      §  6.  The  United  States  in  congress  assembled  shall 

consent  of 

nine  states,  never  engage  in  a  war,  nor  grant  letters  oi  marque  and 
reprisal  in  time  of  peace,  nor  enter  into  any  treaties  or 
alliances,  nor  coin  money,  nor  regulate  the  value 
thereof,  nor  ascertain  the  sums  and  expenses  necessary 
for  the  defence  and  welfare  of  the  United  States,  or 
any  of  them,  nor  emit  bills,  nor  borrow  money  on  the 
credit  of  the  United  States,  nor  appropriate  money, 
nor  agree  upon  the  number  of  vessels  of  war  to  be 
built  or  purchased,  or  the  number  of  land  or  sea  forces 
to  be  raised,  nor  appoint  a  commander-in-chief  of  the 
army  or  navy,  unless  nine  states  assent  to  the  same ; 

Majority     nor  shall  a  question  on  any  other  point,  except  for  ad- 

of^votes  to  JQ^^j-i-^jj^g  fj.oj^  day  to  day,  be  determined,  unless  by 
the  votes  of  a  majority  of  the  United  States  in  congress 
assembled. 

Adjourn-        c  ^    rpj      congress  of  the  United  States  shall  have 

mcnt  of  ^  ^  .  •  1  •       J.1  J  X 

congress.    powcr  to  adjoum  to  any  time  within  the  year,  and  to 


THE  UNITED   STATES    OP  AMERICA.  G37 


UNDER    THS     DECLARATION    OF    INDEPENDENCE.  PaKT    IV. 


any  place  within  the  United  States,  so  that  no  period  Tiic  con- 
of  adjournment  be  for  a  longer  duration  than  the  «pace  f,J[j^^'\V 
of  six  months ;   and  shall  publish  the  journal  of  their  piiia,  1776. 
proceedings  monthly,   except   such   parts    thereof   re-  ^''''^•'•■''  of 

,      .  .  „.  .,.  corifedora- 

latnig  to  treaties,  alliances,  or  military  operations,  as  tion  adopt- 
in  their  judgment  require  secrecy ;  and  the  yeas  and  i^th^^ 
nays  of  the  delegates  of  each  state,  on  any  question, 
shall  be  entered  on  the  journal,  when  it  is  desired  by 
any  delegate ;  and  the  delegates  of  a  state,  or  any  of 
them,  at  his  or  their  request,  shall  be  furnished  with  a 
transcript  of  the  said  journal,  except  such  parts  as  are 
above  excepted,  to  lay  before  the  legislature  of  the  sev- 
eral states. 

Art.  10.     The  committee  of  the  states,  or  any  nine  Further 
of  them,  shall  be  authorized  to  execute,  in  the  recess  [j^J^  conim 
of   congress,  siich  of  the  powers  of  congress  as  the  of  the 
United  States,  in  congress  assembled,  by  the  consent 
of  nine  states,  shall,  from  time  to  time,  think  expedient 
to  vest  them  with  ;  provided  that  no  power  be  delegated 
to  the  said  committee,  for  the  exercise  of  which,  by 
the  articles  of  conXederation,  the  voice  of  nine  states, 
in  the  congress  of  the   United   States   assembled,  is 
requisite. 

Art.  11.     Canada   acceding   to   this   confederation,  Admission 
and  ioining  in  the  measures  of  the  United  States,  shall  °^ p^"'^'^^ 

,  ,  .  and  other 

be  admitted  into  and  entitled  to  all  the  advantages  of  colonies, 
this  union :    But  no  other  colony  shall  be  admitted 
into  the  same,  unless  such  admission  be  agreed  to  by 
nine  states. 

Art.  12.     All  bills  of  credit  emitted,  moneys  bor- Public 
rowed,  and  debts  contracted,  by  or  under  the  authority  J}g^i„g^ 
of  congress,  before  the  assembling  of  the  United  States,  to  bills  of 

credit 

ill  pursuance  of  the  present  confederation,  shall  be 
deemed  and  considered  as  a  charge  against  the  United 
States,  for  payment  and  satisfaction  whereof  the  said 
United  States  and  the  public  faith  arc  hereby  solemnly 

pledged.  Supremacy 

Art.  13.     Every  state  shall  abide  by  the  determina- ^ress.  ' 


638  THE   GOTERXMEXTAL    HISTORY   OF 

Part  IT.  the  RETOLnioxART  rxios  of  the  colonies 

The  con-    tioii  of  the  United  States  in  congress  assembled,  in  all 

Phiiadei-    questions  "vrliich,  by  this  confederation,  are  submitted 

phia,  1776.  to  them.     And  the  articles  of  this  confederation  shall 

Duration    be  inviolablv  observed  by  every  state,  and  the  union 

federation!  ^^^^U  be  perpetual :   nor  shall  any  alteration   at  any 

time  hereafter  be  made  in  any  of  them,  unless  such 

alteration  be  agi'eed  to  in  a  congress  of  the  United 

States,  and  be  afterwards  confirmed  by  the  legislature 

of  every  state." 

Reference      It  was  then  further  provided,  that  "These  articles 

ciesto*^  ''shall  be  proposed  to  the  legislatures  of  all  the  United 

the  states.  States,  to  be  considered,  and  if  approved  of  by  them, 

they  are  advised  to  authorize  their  delegates  to  ratify 

the  same  in  the  congress  of  the  United  States ;  which 

being    done,   the    same    shall    become    conclusive." 

"Whereupon,  "the  committee  appointed  to  revise  and 

arrange  the  articles  were  ordtred,  to  have  three  hund- 

o/coE^'^  red  copies  printed  and  lodged  with  the  secretary,  to  be 

gress.        subject  to  the  future  order  of  congress."* 

Immediately  after  the  adoption  of  the  Articles  of  Con- 
federation, a  committee  was  appointed  by  the  congress 
to  prepare  a  circular  letter  to  accompany  them,  a  draft 
of  which  was  reported  on  the  seventeenth  day  of  the 
same  month,  and  adopted,  as  follows,  viz.  : 

Circular  "In  CONGRESS,  York-Town,^  Xov.  IT,  1776. 

the  Ton-         "  Congress  having  agreed  upon  a  plan  of  confederacy 
gress  to  the  for  securing  the  freedom,  sovereignty  and  independence 

colonies,         ^     ,       t-    •      i    o  .  . 

Xov.  17th.  of  the  Lnited  States,  authentic   copies  are  now  trans- 
mitted for  the  consideration  of  the  respective  legisla- 

Causes  of    tures. 

'^?arin'-       "This  business, equally  intricate  and  important,  has, 
thearticles.  in  its  progress,  been  attended  with  uncommon  embar- 


■{•  During  the  month  of  September,  the  president  of  congress  received 
a  letter  from  Colonel  Hamilton,  then  one  of  General  Washington's  aids, 
intimating  the  approach  of  the  royal  army,  and  the  necessity  of  remov- 
ing the  confrress  immediately  from  Philadelphia ;  whereupon  the  mem- 
bers left  the  city  and  repaired  to  Lancaster,  and  thence  to  York-Town. 


THE   UNITED    STATES   OP  AMERICA.  639 

UNDER    THE    DECLARATION    OF    INDKPENDKNCE.  I'arT    IY. 

rassmciits  and  delay,  which  the  most  anxious  solicitude  (Hnuiir 
and  persevering  diligence  could  not  prevent.     To  form  thgt'on- 
a  permanent  union,  accommodated  to  the  opinions  and  gross  to  the 
wishes  of  the  delegates  of  so  many  states,  differing  iuypon  the 
habits,  produce,  commerce,  and  internal  police,  was '^''^"f.^'^f  ^^ 

'    ^  '  '  ^  '  conledera- 

found  to  be  a  work  which  nothing  but  time  and  reflec-tiou,  Nov. 
tion,  conspiring  with  a  disposition  to  conciliate,  could  '  ' 
mature  and  accomplish. 

"Hardly  is  it  to  be  expected  that  any  plan,  in  the  Character 
variety  of  provisions  essential  to  our  union,  should^  epan. 
exactly  correspond  with  the  maxims  and  political  views 
of  every  particular  state.  Let  it  be  remarked  that 
after  the  most  careful  inquiry  and  the  fullest  informa- 
tion, this  is  proposed  as  the  best  which  could  be  adapted 
to  the  circumstances  of  all ;  and  as  that  alone,  which 
affords  any  tolerable  prospect  of  general  ratification. 

"  Permit  us  then  earnestly  to  recommend  the  articles  Recom- 
to  the  immediate  and  dispassionate  attention  of  the  "^*^j"|^**'**'^ 
legislatures  of  the  respective  states.     Let  them  be  can- states, 
didly  reviewed  under  a  sense  of  the  difficulty  of  com- 
bining in  one  general  system  the  various  sentiments 
and  interests  of  a  continent  divided  into  so  many  sov- 
ereign and  independent  communities,  under  a  convic- 
tion of  the  absolute  necessity  of  uniting  all  our  coun- 
cils and  all  our  strength  to  maintain  and  defend  our 
common  liberties :  Let  them  be  examined  with  a  lib-  Urging 
erality  becoming  brethren  and  fellow-citizens  surround- *^^'V  ™' 

•^  "  _  partial  exi 

ed  by  the  same  eminent  dangers,  contending  for  the  amination. 
same  illustrious  prize,  and  deeply  interested  in  being 
forever  boiind  and  connected  together  by  ties  the  most 
intimate  and  indissolul)le  :  And,  finally,  let  them  be 
adjusted  with  the  tempCr  and  management  of  wise  and 
patriotic  legislators,  who,  while  they  are  concerned  for 
the  prosperity  of  their  own  more  immediate  circle,  are 
capable  of  rising  superior  to  local  attachments  when 
they  may  be  incompatible  with  the  safety,  happiness, 
and  glory,  of  the  general  confederacy.  Further 

"We   have   reason   to   regret  the   time  which   has  voidable. 


640  THE  GOVERNMENTAL    HISTORY   OF 

Part  IV.  thk  revolutionary  union  of  thk  colonies 

Circular  elapsed  iu  preparing  this  plan  for  consideration  ;  with 
tli"*con-  additional  solicitude  we  look  forward  to  that  which 
gresstothenuist  be  necessarily  spent  before  it  can  be  ratified. 
upon  the    Every  motive  loudly  calls  upon  us  to  hasten  its  con- 

articlesof   clusion. 

contedera-  •i...iiai 

tion,  Nov.  "  More  than  any  other  consideration,  it  will  coniound 
17th,  1776.  Q^j.  fQj.(3igj;^  enemies,  defeat  the  flagitious  practices  of 
Import-  the  disaffected,  strengthen  and  confirm  our  friends, 
ratmca-  support  our  public  credit,  restore  the  value  of  our 
tioQ.  money,  enable  us  to  maintain  our  fleets  and  armies, 

and  add  weight  and  respect  to  our  councils  at  home 

and  our  treaties  abroad. 

Its  neces-       "  In  short,  this  salutary  measure  can  no  longer  be 

Bity  and  deferred.  It  seems  essential  to  our  very  existence  as 
urgency.  .  '' 

a  free  people,  and  without  it  we  may  be  constrained  to 

bid  adieu  to  independence,  to  liberty,  and  safety — bless- 
ings which,  from  the  justice  of  our  cause,  and  the  favor 
of  our  Almighty  Creator  visibly  manifested  in  our  pro- 
Recogni-  tectioii,  WO  liavc  reason  to  expect ;  if,  in  an  humble 
ProVi-  dependence  on  his  Divine  Providence,  we  strenuously 
dence.  exert  the  means  which  are  placed  in  our  power. 
To  the  ex-  "To  conclude,  if  the  legislature  of  any  state  shall 
ecutive and  jjQ^  be  assembled,  congress  recommend  to  the  execu- 

legislatures  .  . 

of  the  tive  authority  to  convene  it,  without  delay ;  and  to 
states,  each  respective  legislature  it  is  recommended  to  invest 
its  delegates  with  competent  powers  ultimately,  in  the 
name  and  behalf  of  the  state,  to  subscribe  articles  of 
confederation  and  perpetual  union  of  the  United  States ; 
and  to  attend  congress  for  that  purpose  on  or  before 

the day  of ." 

Copies  or-  Whcreupoii  it  was  "  Ordered,  that  thirteen  copies  be 
dered  for    made  out  and  signed  by  the  president,  and  forwarded 

tllG  StiltCS 

to  the  several  states,  with  copies  of  the  confederation." 
To  be  On  the  twenty-ninth  day  of  November,  congress  fur- 

transhited  ^^^^^  '■'■  Rcsolved,  that  a  committee  of  three  be  appointed 

into  '  p     1  •    1 

French,      to  procurc  a  translation  to  be  made  of  the  articles  of 
confederation  into  the  French  language,  and  to  report 
Canada,      ail  address  to  the  inhabitants  of  Canada,  &c.,  &c." 


THE   UNITED    STATES   OF   AMERICA.  641 

UNDER    THE    DECLARATION    OF    INDEPKNDENCK.  PaKT    IV. 

While  the  states  are  deliberating  upon  the  articles  Treaties  of 
of  confederation,  we  find  the  congress  engaged  in  niat- ^^."^"^^jj^ 
tcrs  quite  as  interesting  and  important,  bearing  ■svithi''raacc. 
equally  material  and  lasting  relations  upon  our  goverh- 
mental  history.      Next  to  their   own    union,  notliing 
could  be  more  important  to  them  than  the  recognition 
of  their  national  existence   by  foreign  powers.     And 
when,  in   the  month  of   September,  1776,   J5ew/"a//u'/2  The  com- 
Franklbi,  Silas  Deane  and  Arthur  Lee  were  secretly  ™':-''^'^"^P" 

...  pointed  to 

commissioned  by  the  congress  plenipotentiaries  to  the  negotiate 
court  of  France,  to  negotiate  a  treaty  of  alliance  and  ^"tjj  ^^^^^ 
friendship  with  that  power,  they  ventured   upon  anJ^™"ce, 
experiment  necessary  indeed,  but  still  of  critical  and 
momentous  interest  to  themselves  not  only,  but  also  to 
all  mankind.     It  was  therefore  with  peculiar  anxiety 
that  they  awaited  the  result  of  that  mission. 

Harassed  by  the  perplexities  of  legislation  necessary  General 
to  provide  for  the  deficiencies  of  an  embarrassed  treas-  ^l'"']i*'.°'^ 

^  01  aiiairs 

ury,  to  meet  the  wants  of  restless  and  desponding  in  tiie 
officers  and  troops,  to  guard  against  the  strategy  of  a  ^''"f?"^^^^- 
wily  and  inveterate  foe ;  uncertain  and  disturbed  in 
their  sessions ;  with  the  bond  of  union  between  them- 
selves yet  in  painful  doubt ;  the  congress  adjourned  on 
Saturday,  the  second  day  of  May,  1778,  "to  ten 
o'clock  on  Monday ;  "  coveting  and  welcoming,  as 
thousands  have  done  before  and  since,  the  repose  and 
refreshing  of  the  intervening  Sabbath. 

During  this  adjournment,  Mr.  Simeon  Deane,  brother  Arrival  of 
of  Silas  Deane,  Esquire,  one  of  the  commissioners  at  ^''P*'^'^^ '^'^' 

:  .  patches 

the  court  oi   V  ersaiUcs,  arrived  express  from  France,  tvom 
with  sundry  important    despatches;    whereupon  con- jj!^^" gt.^ 
gross  was  convened,  and  the  despatches  opened  and  i"''8- 
read.     Among  tlicm  was  found  an  Act  Separate  «w.^conSd 
Secret,  a  treaty  of  Amity  and  Commerce,  and  a  treaty  and  dis- 
of   Alliance,  concluded  "between  his  most  Christian Jpcned! 
Majesty,  the  King  of  France,  and  the    United  States  Troatlea 
of  America,  on  the  sixth  day  of  Fcl>ruary,  1778."  enclosed. 

This  was  the  most  brilliant  and  cheering   ray  of 
41 


642 


THE   GOVERNMENTAL    HISTORY    OP 


Part  IV. 


THE  REVOLUTIONARY  UNION  OP  THE  COLONIES 


Treaties 
of  alliance 
with 
France, 
1778. 


Meet  of. 


Resolu- 
tions of 
ratifica- 
tion. 


Resolution 
of  thanks 
upon. 


promise  which  had  yet  dawned  upon  the  militant 
fathers  of  freedom  in  America.  It  illumined  the  whole 
continent.  It  inspirited  the  congress,  the  colonies,  the 
army,  and  the  people,  with  new  and  more  vigorous 
hope  and  energy,  and  had  also  a  quickening  influence 
upon  the  fate  of  the  confederation.  Indeed,  so  over- 
joyed was  the  congress  at  their  reception,  that  they 
took  them  into  consideration  Monday,  May  fourth,  at 
ten  o'clock,  A.  M.,and  heard  them  read ;  then  adjourned 
to  three  o'clock  in  the  afternoon,  when  they  met  again 
and  "resumed  the  consideration  of  the  Treaty  of  Amity 
and  Commerce ;  and  the  same  being  read,  duly  weighed 
and  considered,  it  was 

"  Resolved  unanimously^  That  the  same  be  and  here- 
by is  ratified." 

They  then  took  into  consideration  the  Treaty  of  Alli- 
ance ;  and  the  same  being  read,  duly  weighed  and 
considered, 

"Resolved  unanimously,  That  the  same  be  and  here- 
by is  ratified." 

They  then  took  into  consideration  the  Act  Separate 
and  Secret ;  and  the  same  being  duly  weighed  and  con- 
sidered, 

"  Resolved  unanimously,  That  the  same  be  and  here- 
by is  ratified."     Also, 

"Resolved,  That  this  congress  entertain  the  highest 
sense  of  the  magnanimity  and  wisdom  of  his  Most 
Christian  Majesty,  so  strongly  exemplified  in  the  Treaty 
of  Amity  and  Commerce,  and  the  Treaty  of  Alliance, 
entered  into  on  the  part  of  his  Most  Christian  Majesty, 
with  these  United  States,  at  Paris,  on  the  6th  day  of 
February  last ;  and  the  commissioners  or  any  of  them 
representing  these  states,  at  the  Court  of  France,  are 
directed  to  present  the  grateful  acknowledgments  of 
this  congress  to  his  Most  Christian  Majesty,  for  his  truly 
magnanimous  conduct,  respecting  these  states,  in  the 
said  generous  and  disinterested  treaties;  and  to  assure 
his  Majesty,  on  the  part  of  this  congress,  it  is  sincerely 


TUB   UNITED    STATES   OF   AMERICA.  643 

UNDER  THE  DECLARATION  OF  INDEPENDENCE  PaRT  IV, 

wished  that  the  friendship  so  happily  commenced,  be- Treaties  of 
tween  France  and  these  United  States,  may  be  per- J^ J'^J^f^'h 
petual."  ^y^'^e. 

^  .  All  •    .    J  Action  of 

"Kesolved,  That  a  committee  of  three  be  appomted  congress 
to  prepare  the  form  of  a  ratification  of  the  foregoing  ^P^^^^jJ^J" 
Treaties." 

The  members  appointed  on  this  committee  were,  Mr.  Committee 
R.  II.  Lee,  Mr.  Dana,  and  Mr.  Drayton;  who  reported '^he  ^ 
a  draft  the  next  day,  which  was  read  and  adopted  as  ratifica- 

•'  '  tion. 

follows,  viz. : 

"The  Congress  of  the  United  States  of  New  Hamp-Form  of 
shire;   Massachusetts  Bay;   Rhode  Island  and  Provi- Ji'^p^^^g^^'^ 
donee    Plantations;    Connecticut;    New    York;    Newandadopt- 
Jersey;  Pennsylvania;  Delaware;  Maryland;  Virginia; 4th.    - 
North  Carolina;  South  Carolina;  and  Georgia;  by  the 
grace  of  God,  Sovereign,  Free  and  Independent;  to  all 
who  shall  see  these  presents,  Greeting. 

"Whereas,  in  and  by  our  commission,  dated  at  Phila- 
delphia, the  thirtieth  day  of  September, in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  seventy-six; 
Benjamin  Franklin,  one  of  the  delegates  in  congress 
from  the  state  of  Pennsylvania,  and  president  of  the 
convention  of  the  said  state;  Bilas  Deane,  late  a 
delegate  from  the  state  of  Connecticut ;  and  Arthur  Lee, 
barrister  at  law;  were  nominated 'and  appointed  our 
commissioners,  with  full  powers  to  treat,  agree,  and 
conclude  with  his  most  Christian  Majesty,  the  king  of 
France ;  or  with  such  persons  as  should  be  by  him  for 
that  purpose  authorized,  of  and  upon  a  true  and  sincere 
friendship,  and  a  firm,  inviolable,  and  universal  peace, 
for  the  defence,  protection,  and  safety  of  the  navigation 
and  mutual  commerce  of  the  subjects  of  his  most  Chris- 
tian Majesty  and  the  people  of  the  United  States,  we, 
promising  in  good  faith  to  ratify  whatsoever  our  said 
commissioners  should  transact  in  the  premises;  And 
whereas  our  said  commissioners  in  pursuance  of  their 
full  powers,  on  the  sixth  day  of  February  last,  at  Paris, 
with   Conrad  Alexander  Gerard,  royal   syndic  of  the 


614  THE   GOVERNMENTAL   HISTORY   OF 

1'aET    IV.  THE    REVOLUTIONAKY    UNION    OP    THE    COLONIES 

Treaties  of  city  of  Strasburg,  secretary  of  his  most  Christian  Majes- 
&c  with  ty's  Council  of  State;  by  virtue  of  powers  plonipoten- 
Fiance,  tiary  to  him  granted  by  his  most  Christian  Majesty,  and 
dated  the  30th  day  of  January,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  seventy-eight,  did  con- 
clude and  sign,  on  the  part  of  the  crown  of  France, 
and  of  the  United  States  of  America,  a  (Treaty  of 
Amity  and  Commerce,  or  Treaty  of  Alliance,  or  Act 
Separate  and  Secret,)  in  the  following  words  (here 
inserting  the  respective  Treaties,  verbatim,  French  and 
English.) 

"Now  KNOW  YE,  that  We,  the  said  congress,  have 
unanimously  ratified  and  confirmed,  and  by  these  mQ^- 
ratitication  onts  do  ratify  and  coniirm  the  said  treaty  and  every 
th^^-'^n  ^"^  pai't,  article  and  clause  thereof,  on  our  part  concluded 
gress,  May  and  sigiicd  as  aforesaid;  and  further,  do  authorize  and 
direct  our  commissioners  at  the  court  of  France,  or  any 
of  them,  to  deliver  this  our  act  of  ratification  in  ex- 
change for  the  ratification  of  the  said  treaty,  on  the 
part  of  his  most  Christian  Majesty,  the  king  of  France 
and  Navarre. 

"Done  in  Congress,  at  York  Town,  in  the  State  of 
Pennsylvania,  this  4tli  day  of  May,  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  seventy-eight. 
In  testimony  whereof,  the  president,  by  order  of  the 
said  congress,  hath  hereunto  subscribed  his  name  and 
affixed  his  seal.  *     *     *     *     President,     [l.  s.] 

Attest,     *     *     *     Secretary." 
Copies  or-      Whereupon  six  copies  of  the  treaties,  with  the  rati- 
^^^^'"^^Jj"'^^ fication  agreed  to,  were  ordered  to  be  made  out  and 
ted  to        transmitted  by  the  Committee  for  Foreign  affairs  to  the 
commissioners  of  the  United   States  at  the  court  of 
France,  by  different  conveyances.     The  committee,  ap- 
pointed to  prepare  the  form  of  ratification  were  then 
further  instructed  to  prepare  "  a  proper  publication  on 
the  present  occasion." 
Publica-         This  publication  commenced  with  a  recital  of  the  fact 

tion  of  the     „     ,  , .  ,.   .i        ,  •        i        xi  ■> 

fact.  of  the  reception  of  the  treaties  by  the  congress,  and 


THE   UNITED    STATES   OF   AMERICA.  645 

UNDER  TUE  DECLARATION  OF  INDEPENDENCE.  PaKT  IV. 

their  action  upon  them,  suggests  resolutions  providing 
for  their  faithful  performance,  and  recommends  "to  all 
the  inhabitants  of  these  states  to  consider  the  subjects 
of  his  Most  Christian  Majesty  as  their  brethren  and 
allies;  and  that  they  behave  towards  them  with  the 
friendship  and  attention  due  to  the  subjects  of  a  great 
prince,  wlio,  with  the  highest  magnanimity  and  wisdom, 
hath  treated  with  these  United  States  on  terms  of  per- 
fect equality  and  mutual  advantage,  thereby  rendering 
himself  the  protector  of  the  rights  of  mankind."*  ^^  ^^^°^ 
t  The  Treaty  of  Amity  and  Commerce  was  as  follows,  gress. 
to  wit: 

Treaty  of  Amity  and  Comimerce. 
"  The  Most  Christian  King  and  the  thirteen  United  The  treaty 
States  of  North  America,  viz. : — (naming  them,)  willing  ^nd  "om- 
to  fix,  on  an  equitable  and  permanent  manner,  the  rule  merce  with 

KrancG 

which  ought  to  be  followed  relative  to  the  correspond- Feb.,  1778. 
ence  and  commerce  which  the  two  parties  desire  to 
establish  between  their  respective  countries,  states  and 
subjects ;  his  Most  Christian  Majesty  and  the  said  United 
States  have  judged  that  the  said  end  could  not  be  better 
attained  that  by  taking  for  the  basis  of  their  agreement  Basis  of 
the  most  perfect  equality  and  reciprocity,  and  by  care- ^^^^j^^^^^®" 
fully  avoiding  all  those  burthensome  preferences  which 
are  usually  sources  of  debate,  embarrassment,  and  dis- 
content; by  leaving  also  each  party  at  liberty  to  make, 
respecting  navigation  and  commerce,  those  interior 
regulations  which  it  shall  find  most  convenient  to  itself; 
and  by  founding  the  advantage  of  commerce  solely 
upon  reciprocal  utility  and  the  just  rules  of  free  inter- 
course ;  reserving  withal,  to  each  party,  the  liberty  of 
admitting  at  its  pleasure  other  nations  to  a  participation 
of  the  same  advantages.  It  is  in  the  spirit  of  this  inten- 
tion, and  to  fulfill  these  views,  that  his  said  majesty, 
having  named  and  appointed  for  his  plenipotentiary  f'^"'P?* 

f  The  Treaties  were  not  made  puhlic  at  tliis  time,  but  I  insert  them  in 
this  connection  to  preserve  the  chrouologicul  arrangement. 


G46  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  rkvolutionart  union  of  the  colonies 

The  treaty  Cotirad  Alexander  Girard,  royal  syndic  of  the  city  of 
and  com-    Strasburg,  secretary  of  His  Majesty's  Council  of  State ; 
merce  with  and  tlic  United  States,  on  their  part,  having  fully  em- 
Feb.,  ITJ8.  powered  Benjamin  Franklin,  deputy  from  the  state  of 
Pennsylvania  to  the  general  congress,  and  president  of 
the  convention  of  said  state ;   Silas  Deane,  late  deputy 
from  the  state  of  Connecticut,  to  the  said  congress ;  and 
Arthur   Lee,  counsellor   at   law;    the    said   respective 
Plenipotentiaries,  after  exchanging  their  powers,  and 
after  mature  deliberation,  have  concluded  and  agreed 
upon  the  folio  wing  Articles: 
The  com-       "  Art.  1.     There  shall  be  a  firm,  inviolaljle,  and  uni- 
amity^       versal  peace,  and  a  true  and  sincere  friendship,  between 
the  Most  Christian  King,  his  heirs  and  successors,  and 
the  United  States  of  America ;  and  the  subjects  of  the 
most  christian  king  and  of  the  said  states ;    and  be- 
tween the  countries,  islands,  cities,  and  towns,  situate 
under  the  jurisdiction  of  the  most  christian  king,  and 
of  the  said  United  States,  and  the  people  and  inhabit- 
ants of  every  degree  without  exception  of  persons  or 
places ;  and  the  terms  hereinafter  mentioned,  shall  be 
perpetual  between  the  most  christian  king,  his  heirs 
and  successors,  and  the  said  United  States. 
Commerce      "  Art,  2.      Tlie  most  christian  king  and  the    United 
other^na-    ^ici^'^^  engage  mutually  not  to  grant  any  particular  favor 
tions.         to  other  nations  in  respect   to  navigation  and  com- 
merce, which  shall  not  immediately  become  common  to 
the  other  party,  who  shall  enjoy  the  same  favor  freely, 
if  the  concession  was  freely  made,  or  on  allowing  the 
same  compensation  if  the  concession  was  conditional. 
Imposts         "  Art.  3.     The  subjects  of  the  most  christian  king  shall 
n^tfes"™"' P^y  in  the  ports,  havens,  roads,  countries,  islands,  cities, 
French       or  towus  of  the  United  States,  or  any  of  them,  no 
America/"  otlicr  or  greater   duties  or   imposts,  of  what  nature 
soever  they  may  be,  or  by  what  name  soever  called, 
than  those  which  the  nations  most  favored  are,  or  shall 
be,  obliged  to  pay :  And  they  shall  enjoy  all  the  rights, 
liberties,    privileges,   immunities,    and    exceptions    in 


THE   UNITED    STATES   OF  AMERICA.  647 

UNDER    THE    DECLARATION    OF    INDEPENDENCE.  PaRT    IV. 

trade,  navigation,  and  commerce,  whether  in  passing  The  treaty 
from  one  port  in  the  said  states  to  another,  or  in  going  ^j^f ™o^. 
to  and  from  the   same  from  and  to  any  part  of  the  "»orce  with 
world,  which  the  said  nations  do,  or  shall,  enjoy.  Feb.  1778. 

"  Art.  4.      The  subjects,  people,  and  inhabitants,  of  imposts 
the  said  United  States,  and  each  of  them,  shall  not  pay  nitjeg  of 
in  the  ports,  havens,  roads,  isles,  cities,  and  places  A"^|;"c^^8 
under  the   dominion  of  his  most  christian  majesty,  in  French  do- 
Europe,  any  other  or  greater  duties  or  imposts,  of  what '"^^'°"^' 
nature  soever  they  may  be,  or  by  what  name  soever 
called,  than  those  which  the  most  favored  nations  are, 
or  shall  be,  obliged  to  pay ;  and  they  shall  enjoy  all  the 
rights,  liberties,  privileges,  immunities,  and  exemptions, 
in  trade,  navigation,  and  commerce,  whether  in  passing 
from  one   port  in  the    said  dominions   in  Europe  to 
another,  or  in  going  to  and  from  the  same  from  or  to 
any  part  of  the  world,  which  the  said  nations  do,  or 
shall,  enjoy. 

'•  Art.  5.  In  the  above  exemption  is  particularly  com-  Particular 
prised  the  imposition  of  one  hundred  sous  per  toiition™^' 
established  in  France,  on  foreign  ships,  unless  when 
the  ships  of  the  United  States  shall  load  with  the  mer- 
chandize of  France  for  another  port  of  the  same  domin- 
ion, in  which  case  the  said  ships  shall  pay  the  duty 
above  mentioned,  so  long  as  other  nations  the  most 
favored  shall  be  obliged  to  pay  it ;  but  it  is  understood 
that  tlie  said  United  States,  or  any  of  them,  are  at  lib- 
erty, when  they  shall  judge  it  proper,  to  establish  a 
duty  equivalent  in  the  same  case. 

"Art.  6.     The  most  christian  king"  shall  endeavor,  by  France  to 
all  the  means  in  his  power,  to  protect  and  defend  all  vessel  and 
vessels,  and  the  effects,  belonging  to  the  subjects,  peo-P''°P*^.''*y**^ 
pie  or  inhabitants  of  the  said  United  States,  or  any  of  citizens. 
them,  being  in  his  ports,  havens,  or  roads,  or  on  the 
seas  near  to  his  countries,  islands,  cities,  or  towns,  and 
to  recover  and  restore  to  the  right  owners,  their  agents, 
or  attornics,  all  such  vessels  and  effects  which  shall  be 
taken  within  his  jurisdiction ;  and  the  ships  of  war  of 


648  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  kevolutionary  union  of  the  colonies. 


The  treaty  his  most  christian  majesty,  or  any  convoy  sailing  under 
and  com-    his  authority,  shall  upon  all  occasions  take  under  their 
Friii V^^'^  protection  all  vessels  belonging  to  the  subjects,  people, 
Feb.  1778.  or  inhabitants,  of  the  said  United  States,  or  any  of  them, 
and  holding  the  same  course  or  going  the  same  way ; 
and  shall  defend  such  vessels  as  long  as  they  hold  the 
same  course,  or  go  the  same  way,  against  all  attacks, 
force,  or  violence,  in  the  same  manner  as  they  ought 
to  protect  and  defend  the  vessels  belonging  to  the  sub- 
jects of  the  most  christian  king. 
The  U.S.A.     "Art.  7.     In  like  manner  the  said  United  States,  and 
French       their  ships  of  war,  sailing  under  their  authority,  shall  pro- 
vessels,&c.  ^^(^1;  and  defend  conformably  to  the  tenor  of  the  pre- 
ceding article,  all  the  vessels  and  effects  belonging  to 
the  subjects  of  the  most  christian  king,  and  use  all  their 
endeavors  to  recover  and  cause  to  be  restored  the  said 
vessels  and  effects  that  shall  have  been  taken  within  the 
jurisdiction  of  the  said  United  States  or  any  of  them. 
France  to       "  Art.  8.     The  most  christian  king  will  employ  his 
other  for-  good  oSiccs  and  interposition,  with  the  king  or  emperor 
eign  alii-    ^j^  Morocco  or  Fcz,  the  regencies  of  Algiers,  Tunis,  and 

ances  with  '  °  . 

the  U.S.  A.  Tripoli,  or  with  any  of  them,  and  also  with  every  other 
prince,  state  or  power,  of  the  coasts  of  Barbary  in 
Africa,  and  with  the  subjects  of  the  said  king,  emperor, 
states  and  powers,  and  each  of  them,  their  subjects, 
people,  and  inhabitants,  and  their  vessels  and  effects, 
against  all  violence,  insults,  attacks,  or  depredations, 
on  the  part  of  the  said  princes,  and  states  of  Barbary, 
■  or  their  subjects. 
Regulation  ^^'^-  ^-  ^^^^  subjects,  inhabitants,  merchants,  com- 
offisheries.  manders  of  ships,  masters  and  marines  of  the  states, 
provinces,  and  dominions,  of  each  party  respectively, 
shall  abstain  and  forbear  to  fish  in  all  places  possessed, 
or  which  shall  be  possessed,  by  the  other  party.  The 
most  christian  king's  subjects,  shall  not  fish  in  the 
havens,  bays,  creeks,  roads,  coasts,  or  places,  which  the 
said  United  States  hold,  or  shall  hereafter  hold:  And 
in  like  manner  the  subjects,  people,  and  inhabitants,  of 


THE   UNITED    STATES   OF   AMERICA.  649 

UNDEK    THE    DECLARATION    OK    INDEPENrENCE.  PaUT    IV" 

the  said  United  States  shall  not  fish  in  the  havens,  bays,  The  troaty 
creeks,  roads,  coasts  or  places,  which  the  most  chris-^' i^'"''y 

una  coiii- 

tian  king  possesses,  or  shall  hereafter  possess  ;  and  if  mercewith 
any  ship  or  vessel  shall  be  found  fishing  contrary  to  ji^^'^^H^-g 
the  tenor  of  this  treaty,  the  said  ship  or  vessel,  with  its 
lading,  proof  being  made  thereof,  shall  be  confiscated. 
Il  is,  however,  understood  that  the  exclusion  stipulated 
in  the  ju'csent  article,  shall  take  place  only  so  long  and 
so  far  as  the  most  christian  king,  or  the  United  States, 
shall  not,  in  this  respect,  have  granted  an  exemption  to 
some  other  nation. 

"Art.    10.      The  UtiUed  States,  their  citizens  and  in-^'^^^^riea 
habitants,  shall  never  disturb  the  subjects  of  the  most  Bank  of 
christian  king  in  the  enjoyment  and  exercise  of  the  ?"^^^'^^^"*^* 
right  of  fishing  on  the  Banks  of  Newfoundland  ;  nor 
in  the  indefinite  and  exclusive  right  which  belongs  to 
them  on  that  part  of  the  coast  of  that  island,  which  is 
designed  by  the  Treaty  of  Utrecht ;  nor  in  the  rights 
relative  to  all  and  each  of  the  isles  which  belong  to  his 
most  christian  majesty,  the  whole  conformable  to  the 
true  sense  of  the  treaties  of  Utrecht  and  Paris. 

("Art.  11^/i  and  12th  were  suppressed  by  mutual 
agreement  of  the  contracting  parties,  Sept.  1778,  and 
were  not  made  public.) 

"Art.  13.  The  subjects  and  inhabitants  of  the  5fliW American 
United  States,  or  any  one  of  them,  shall  not  be  reputed  e'x'nnpted 
aubenes  in  France,  and  consequently  shall  be  exempted  f'o™  the 

/.  J,         7      .,      „         ,  1  .      .,  ,  ,       droit  d' au- 

Irom  the  droit  d  aubene,  or  other  similar  duty  under  bene. 
what  name  soever ;  they  may  by  testament,  donation, 
or  otherwise,  dispose  of  their  goods  movable  and  im- 
movable, in  favor  of  such  persons  as  to  them  sliall  seem 
good,  and  their  heirs,  subjects  of  the  said  United  States, 
residing  whether  in  France,  or  elsewhere,  may  succeed 
them,  ab  intestat,  without  being  obliged  to  obtain  let- 
ters of  naturalization,  and  without  having  the  effects 
of  this  concession  contested  or  impeded  under  pretext 
of  any  rights  or  prerogatives  of  provinces,  cities,  or 
private  persons  ;  and  the  said  heirs,  whether  such  by 


650  THE  GOVERNMENTAL    HISTORY  OP 

Part  IV.  the  rkvolutionary  union  of  the  colonies, 

The  treaty  particular  title  or  ah  intesiat,  shall  be  exempt  from  all 
and  com-  ^^^^  Called  d?-oU  de'  detraction,  or  other  duty  of  the 
iiierce  with  same  kind ;  saving'  nevertheless  the  local  rights  or 
Feb.  i'778.  duties,  as  much,  and  as  long  as  similar  ones  are  not 
Also  from  established  by  the  United  States,  or  by  any  of  them. 
de^  deTrac-  '^^^^  subjects  of  the  most  christian  king-  shall  enjoy  on 
tion-  their  part,  in  all  the  dominions  of  the  said  states,  an 

empt^oiis    entire  and  perfect  reciprocity  relative  to  the  stipulations 
reciprocal,  contained  in  the  present  article.     But  it  is  agreed,  at 
the  same  time,  that  its  contents  shall  not  affect  the 
laws  made,  or  that  may  be  made  hereafter,  i.n  France, 
against  emigrations ;   which  shall  remain  in   all  their 
Limitation  force  and  rigor,  and  the  United  States  on  their  part,  or 
article^       ^^^  ^^  them  shall  be  at  liberty  to  enact  such  laws  rela- 
tive to  that  matter  as  to  them  shall  seem  proper. 
Merchant       "  Art.  14.      The  merchant  ships  of  either  of  the  par- 
^ected  of  ^*^"^''  "^^^ich  shall  be  making  unto  a  port  belonging  to  the 
contra-      eucmy  of  the  other  ally,  and  concerning  whose  voyage 
and  the  specific  goods  on  board  them  there  shall  be 
just  grounds  of  suspicion,  shall  be  obliged  to  exhibit, 
as  well  upon  the  high  seas  as  in  the  ports  and  havens, 
not  only  their  passports,  but  likewise  certificates,  ex- 
pressly showing  that  their  goods  are  not  of  the  num- 
ber of  those  which  have  been  prohibited  as  contraband. 
Contra-  "  Art.  15.     If,  by  the  exhibiting  of  the  above  said 

bands  how  certificates,  the  other  party  discover  there  are  any  of 
to  be  dealt  ,      -^  ,      „  ,        ,  .  ,  ,  -i  •,     i  t    n     i         -i 

with.         those  sort  of  goods  which  are  prohibited  and  declared 

contraband,  and  consigned  for  a  port  under  the  obedi- 
ence of  his  enemy,  it  shall  not  be  lawful  to  break  up 
the  hatches  of  such  ship,  or  to  open  any  chest,  coffers, 
packs,  casks,  or  any  other  vessels,  found  therein,  or  to 
remove  the  smallest  parcels  of  her  goods,  whether 
such  ship  belongs  to  the  subjects  of  France,  or  the 
inhabitants  of  the  said  United  States,  unless  the  lading 
be  brought  on  shore  in  the  presence  of  the  officers  of 
the  court  of  admiralty,  and  an  inventory  thereof  made  ; 
but  there  shall  be  no  allowance  to  sell,  exchange,  or 
alienate  the  same  in  any  manner,  until  after  that  due 


THE   UNITED    STATES   OP   AMERICA.  651 

UNOER    THE    DECLARATION    OF    INDEPENDENCE.  PaRT    IV. 

and  lawful  process  shall  have  been  had  against  such  Tiie  treaty 
prohibited  goods,  and  the  court  of  admiralty  shall,  by  !^j'^ ^ "'^^,^_ 
a  sentence  pronounced,  have  confiscated   the   same ;  '"'-'fee  with 
saving  always  as  well  the  ship  itself,  as  any  other  goods  p^b.  iWe. 
found  therein,  which  by  this  treaty  are  to  be  esteemed 
free ;  neither  may  they  be  detained  on  pretence   of  ban/not 
their  being  as  it  were  infected  by  the  prohibited  goods,  Y^  coiitam- 
much  less  shall  they  be  confiscated  as  lawful  prize.        goods. 

'''■But  if  not  the  whole  cargo,  but  only  a  part  thereof, 
shall  consist  of  prohibited  or  contraband  goods,  and 
the  commander  of  the  ship  shall  be  ready  and  willing 
to  deliver  them  to  the  captor,  who  has  discovered 
them ;  in  such  case  the  captor  having  received  those 
goods,  shall  forthwith  discharge  the  ship,  and  not  hin- 
der her  by  any  means,  freely  to  prosecute  the  voyage 
on  which  she  was  bound ;  but  in  case  the  contraband 
merchandize  cannot  be  all  received  on  board  the  ves- 
sel of  the  captor,  then  the  captor  may,  notwithstanding 
the  offer  of  delivering  him  the  contraband  goods,  carry 
the  vessel  into  the  nearest  port,  agreeable  to  what  is 
above  directed. 

"Art.  16.      On  the  contrary^  it  is  agreed,  that  what- Contra,  of 
ever  shall  be  found  to  be  laden  by  the  subjects  and  j^n^in'^Q 
inhabitants  of  either  party,  on  any  ship  belonging  to  enemy's 
the  enemies  of   the  other,  or  to  their  subjects,  the 
whole,  although  it  be  not  of  the  sort  of  prohilnted 
goods,  may  be  confiscated  in  the  same  manner  as  if  it 
belonged  to  the  enemy,  except  such  goods  and  mer- 
chandize as  were  put  on  board  such  ship  before  the 
declaration  of  war,  or  even  after  such  declaration,  if  so  Except  ia 
be  it  were  done  without  the  knowledge  of  such  declar- certain 
ation  ;  so  that  the  goods  of  the  subjects  and  people  of 
either  party,  whether  they  be  of  the  nature  of  such  as 
were  prohibited,  or  otherwise,  which,  as  is  aforesaid, 
were  put  on  board  any  ship  belonging  to  an  enemy 
before  the  war,  or  after  the  declaration  of  the  same, 
without  the  knowledge  of  it,  shall  no  ways  be  liable  to 
confiscation,  but  shall  well  and  truly  be  restored  with- 


652  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  thk  revolutionauy  union  of  the  colonies 

The  treaty  Gilt  delay  to  the  proprietors  demanding  the  same  ;  but 
-iiidcom-    ^^  ^^  that,  if  the  said  merchandize  be  contraband,  it 
merce  with  shall  not  bc  any  ways  lawful  to  carry  them  afterwards 
Feb.  iWs.  to  ^iiy  ports  belonging  to  the  enemy.      The  two  con- 
tracting parties  agree  that  the  term  of  two  months 
being  past  after  the  declaration  of  war,  their  respective 
subjects,  from  whatever  part  of  the  world  they  come, 
shall  not  plead  the  ignorance  mentioned  in  this  article. 
Punish-  "Art.  17.    And  that  more  effectual  care  map  be  taken 

violations  ^^^  ^^^^  security  of  the  subjects  and  inhabitants  of  both 
of  this  parties,  that  they  suffer  no  injury  by  the  men-of-war, 
or  privateers,  of  the  other  party ;  all  the  commanders 
of  the  ships  of  his  most  christian  majesty  and  of  the 
said  United  States,  and  all  their  subjects  and  inhabit- 
ants, shall  be  forbid  doing  any  injury  or  damage  to  the 
other  side ;  and  if  they  act  to  the  contrary  they  shall 
be  punished,  and  shall  moreover  be  bound  to  make 
satisfaction  for  all  matter  of  damage  and  the  interest 
thereof  by  reparation  under  the  pain  and  obligation  of 
their  persons  and  goods. 
Recap-  "  Art.  18.     All  ships  and  merchandize,  of  ivhat  nature 

TJ\sov^^'  soever,  which  shall  be  rescued  out  of  the  hands  of  any 
merchaQd-  pirates  or  robbers  on  the  high  seas,  shall  be  brought 
into  some  port  of  either  state,  and  shall  be  delivered 
to  the  custody  of  the  officers  of  that  port  in  order  to  be 
restored  entire  to  the  true  proprietor,  as  soon  as  due 
and  sufficient  proof  shall  be  made  concerning  tjie  prop- 
erty thereof. 
Prizes  se-       "  Art.  19.     It  shall  he  lawful  for  the  ships  of  war  of 
cured  to    ^hJiqy  party,  and  privateers,  freely  to  carry  whither- 
tors.  soever  they  please,  the   ships  and  goods  taken  from 

their  enemies,  without  being  obliged  to  pay  any  duty 
to  the  officers  of  the  admiralty  or  any  other  j-udges; 
•nor  shall  such  prizes  be  arrested  or  seized  when  they 
come  to  and  enter  the  ports  of  the  other  party ;  nor 
shall  the  searcher  or  other  officers  of  those  places 
search  the  same  or  make  examination  concerning  the 
lawfulness  of  such  prizes ;  but  they  may  hoist  sail  at 


THE   UNITED    STATES   OF  AMERICA.  653 

UNDER  THE  DECLARATION  OF  INDEPENDENCE.  PaRT  IV. 

any  time,  and  depart,  and  cany  their  prizes  to  the  The  treaty 
places  expressed  in  their  commissions,  which  the  com- !;|j^ J^'"^!:!^, 
mandcrs  of  such  ships  of  war  shall  be  obliged  to  show:  merce  with 

I'^ruticc 

On  the  contrary,  no  shelter  or  refu'ge  shall  be  given  in  Feb.,  1778. 
their  ports  to  such  as  shall  have  made  prize  of  the  sub-  Contra, 
jocts,  people,  or  property  of  either  of  the  parties,  but 
if  such  shall  come  in,  being  forced  by  stress  of  weather, 
or  the  danger  of  the  sea,  all  proper  means  shall  be  vig- 
orously used  that  they  go  out  and  retire  from  thence 
as  soon  as  possible. 

"Art.  20.     If  any  ship  belonging  to  either  of  the  par-TlcWcf  to 
ties,  their  people,  or  subjects,  shall,  within  the  coasts  subjects  in 
or  dominions  of  the  other,  stick  upon  the  sands,  or  be  (^list^ess. 
wrecked,  or  suffer  any  other  damage,  all  friendly  assist- 
ance and  relief  shall  be  given  to  the  persons  ship- 
wrecked, or  such  as  shall  be  in  danger  thereof.     And 
letters  of  safe  conduct  shall  be  given  to  them  for  their 
free  and  quiet  passage  from  thence,  and  the  return  of 
every  one  to  his  own  country. 

"Art.  21.     In  case  the  subjects  and  inhabitants  o/ Subjects  or 
either  part ij,  with  their  shippiu'g,  whether  public  and^''^?^'^'^ 

.  1/.1  IP  driven  into 

of  war,  or  private  and  of  merchants,  be  forced  through  port  by 
stress  of  weather,  pursuit  of  pirates,  or  enemies,  or^^^g^^j*^ 
any  other  urgent  necessity  for  seeking  of  shelter  and 
harbour,  to  retreat  and  enter  into  any  of  the  rivers, 
bays,  roads,  or  ports,  belonging  to  the  other  party, 
they  shall  be  received  and  treated  with  all  humanity 
and  kindness,  and  enjoy  all  friendly  protection  and 
help,  and  they  shall  be  permitted  to  refresh  and  pro- 
vide themselves,  at  reasonable  rates,  with  victuals  and 
all  things  needful  for  the  sustenance  of  their  persons, 
or  re})aration  of  their  ships,  and  conveniency  of  their 
voyage  ;  and  they  shall  no  ways  be  detained  or  hin- 
dered from  returning  out  of  the  said  ports  or  roads, 
but  may  remove  and  depart  when  and  whither  they 

please,  without  any  let  or  hindrance.  t 

i-  '  ''  in  case 

"Art.  22.     For  the  better  promoting"  of  commerce  on'^^  "="■  ^''■ 
both  sides,  it  is  agreed,  that  if  a  war  should  break  out  parties. '" 


p. 


654 


THE   GOVERNMENTAL   HISTORY   OP 


Tart  IV. 


THE  REVOLUTIONARY  UNION  OF  THE  COLONIES 


The  treaty 
of  amity 
and  coin- 
merce  with 
France, 
Feb.,  1118. 


Privateer- 
ing. 


Privateer- 
ing by  the 
Bubjects 
of  hostile 
powers. 


between  the  two  nations,  six  months  after  the  procla- 
mation of  war  shall  be  allowed  to  the  merchants  in  the 
cities  and  towns  where  they  live,  for  selling  and  trans- 
porting their  goods  and  merchandizes,  and  if  anything 
be  taken  from  them,  or  any  injury  be  done  them, 
within  that  term  by  either  party,  or  the  people  or  sub- 
jects of  either,  full  satisfaction  shall  be  made  for  the 
same. 

"Art.  23.  No  subjects  of  the  most  christian  king 
shall  apply  for  or  take  any  commission  or  letters  of 
marque,  for  arming  any  ship  or  ships  to  act  as  priva- 
teers against  the  said  United  States,  or  any  of  them, 
or  against  the  subjects,  people,  or  inhabitants  of  the 
said  United  'States,  or  any  of  them,  or  against  the 
property  of  any  of  the  inhabitants  of  any  of  them, 
from  any  province  or  state  with  which  the  said  United 
States  shall  be  at  war  ;  Nor  shall  any  citizen,  subject,  or 
inhabitant,  of  the  said  United  States,  or  any  of  them, 
apply  for  or  take  any  commission  or  letters  of  marque, 
for  arming  any  ship  or  ships  to  act  as  privateers  against 
the  subjects  of  the  most  christian  king,  or  any  of  them, 
or  the  property  of  any  of  them,  from  any  prince  or 
state  with  which  the  said  king  shall  be  at  war ;  and  if 
any  person  of  either  nation  shall  take  such  commis- 
sions or  letters  of  marque,  he  shall  be  punished  as  a 
pirate. 

"Art,  24.  It  shall  not  be  lainful  for  any  foreign  pri-* 
vateers,  not  belonging  to  the  subjects  of  the  most 
christian  king,  nor  citizens  of  the  said  United  States, 
who  have  commissions  from  any  other  prince  or  state, 
at  enmity  with  either  nation,  to  fit  their  ships  in  the 
ports  of  either  one  or  the  other  of  the  aforesaid  par- 
ties ;  to  sell  what  they  have  taken,  or  in  any  other 
manner  whatsoever  to  exchange  their  ships,  merchand- 
izes, or  any  other  lading :  Neither  shall  they  be  allowed 
even  to  purchase  victuals,  except  such  as  shall  be  ne- 
cessary for  their  going  to  the  next  port  of  that  prince 
or  state  from  which  they  have  commissions. 


THE   UNITED   STATES  OF  AMERICA.  655 


UNDER    THE    DECLARATION    OF    INDEPENDENCE.  PaUT    IV. 

"Art.  25.  It  shall  be  lawful  for  all  and  singular  the  The  treaty 
subjects  of  the  most  christian  king,  and  the  citizens,  ^^j  °oin. 
people,  and  inhabitants,  of  the  said  United  States,  to  "lerce  with 
sail  with   their   ships  with  all  manner  of  liberty,  and  Feb.  it^S. 
security,  no  distinction  being  made  who  are   the  pro- Trade 
prietors  of  the  merchandize  laden   thereon,  from  any  reference 
port  to  the  i)laces  of  those  who  now  are  or  thereafter  ^"V^^^"^'^" 

^  '-  ^  ...  ersnip  oi 

shall  be  at  enmity  with  the  most  christian  king,  or  the  the  cargo. 
United  States.     It  shall  likewise  he  lawful  for  the  sub- 
jects and  inhabitants  aforesaid,  to  sail  with  the  ships 
and  merchandizes   afore-mentioned,  and  to  trade  with 
the  same  liberty  and  security  from  the  places,  ports, 
and  havens,  of  those  who  are  enemies  of  both  or  either 
party,  without  any  opposition  or  disturbance   whatso- 
ever, not   only  directly  from  the   places  of  the  enemy 
afore-mentioned  to  neutral  places,  but  also  from  one 
place  belonging  to  an  enemy  to  another  place  belong- 
ing to  an  enemy,  whether  they  be  under  the  jurisdic- 
tion of  the    same   prince,  or   under  several ;  And  it  is  Free  sWpa 
hereby  stipulated  that  free  ships  shall  also  give  a  free-^f^K^  ^"^^^ 
dom  to  goods,  and  that  everything  shall  be  deemed  to 
be  free  and  exempt,  which  shall  be  found  on  board  the 
ships   belonging  to  the   subjects  of  either  of  the  con- 
federates ;    although   the   whole   lading,  or   any  part 
thereof  should  appertain  to  the  enemies  of  cither,  con- 
traband goods  being  always  excepted.     It  is  also  agreed,  And  free 
in  like  manner,  that  the  same  liberty  be  extended  to  Persons, 
persons  who  are  on  board  a  free  ship,  with  this  effect, 
that  although  they  be  enemies  to  both  or  either  party, 
they  are  not  to  be   taken  out  of  that  free  ship  unless 
they  are  soldiers  and  in  actual  service  of  the  enemies. 

"Art.  26.    This  liberty  of  navigation  and  commerce  Contra- 
shall  extend  to  all  kinds  of  merchandizes,  excepting ''''^"1 

'  f       o  goods  ex- 

those    only  which  are  distinguished  by  the  name  of  ceptod  and 
contraband,  and  under   this  name   of   contraband  or  ted.  °^ 
prohibited  goods,  shall   be  comprehended  arms,  great 
guns,  bombs   with   their   fuses,    and   other  things  be- 
longing  to   them;    cannon   ball,   gunpowder,   match, 


656  THE  GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  revolutionary  union  of  tue  colonies 

The  treaty  pikes,  swoi'ds,  lancGs,  spears,  halberds,  mortars,  pe- 
audc'om-  ^ards,  grenadoes,  saltpetre,  muskets,  musket-ball, 
meiee  with'bucklers,  liclmets,  breastplates,  coats  of  mail,  and  the 
Feb.  17*78.  like  kinds  of  arms  proper  for  arming  soldiers,  musket 
Merchan-  rosts,  bclts,  liorses  with  their  furniture,  and  other  war- 
dizo  not     JJJ.Q  instruments  whatever.      These  merchandizes  winch 

contra- 
band, enu-  foUovj  shall  not  be  reckoned  among  contraband  or  pro- 

meid  e  .  ijii3J^(3j  goods,  that  is  to  say  ;  all  sorts  of  cloths,  and  all 
other  manufactures  woven  of  any  wool,  flax,  silk,  cot- 
ton, or  any  other  materials  whatever ;  all  kinds  of  wear- 
ing apj)arcl,  together  with  the  species  whereof  they  are 
used  to  be  made ;  gold  and  silver,  as  well  coined  as 
uncoined,  tin,  iron,  latten,  copper,  brass,  coals;  as  also 
wheat  and  barley,  and  any  other  kind  of  corn  and  pulse, 
tobacco ;  and  likewise  all  manner  of  spices,  salted  and 
smoked  flesh,  salted  fish,  cheese  and  butter,  beer,  oils, 
wines,  sugars,  and  all  sorts  of  salts  ;  and  in  general,  all 
provisions  which  serve  for  the  nourishment  of  man- 
Goods  not  kind  and  the  sustenance  of  life.  Furthermore  all  kinds 
band.^'  ^^  cotton,  licmp,  flax,  tar,  pitch,  ropes,  cables,  sails, 
sail-cloths,  anchors  and  any  parts  of  anchors ;  also, 
ships'  masts,  planks,  boards,  and  beams  of  what  trees 
soever,  and  all  other  things  proper  either  for  building 
or  repairing  sliips,  and  all  other  goods  whatever,  which 
have  not  been  worked  into  the  form  of  any  instrument 
or  thing  prepared  for  war  by  land  or  sea,  shall  not  be 
reputed  contraband  ;  much  less  such  as  have  been 
already  wrought  and  made  up  for  any  other  use  ;  all 
which  shall  be  wholly  reckoned  among  free  goods,  as 
likewise  all  other  merchandizes  and  things  which  are 
not  comprehended  and  particularly  mentioned  in  the 
foregoing  enumeration  of  contraband  goods ;  so  that  they 
may  be  transported  and  carried  in  the  freest  manner  by 
the  subjects  of  both  confederates,  even  to  places  belong- 
ing to  an  enemy,  such  towns  or  places  being  only  except- 
ed as  are  at  that  time  besieged,  blocked  up,  or  invested. 
Sea  letters.  "Art.  27.  To  the  end  that  all  manner  of  dissensions 
and  quarrels  may  be  avoided  and  prevented  on  one  side 


THE   UNITED   STATES   OP   AMERICA.  657 

UNDKR    THE    DtCLAUATlON    OK    INUKPENDENCE.  PaKT    IV. 


and  the  other,  it  is  agreed,  that  in  case  either  of  the  The  treatj 
parties  hereto  should  be  engaged  in  war,  the  ships  and  ^nd  com- 
vessels  bclonghig  to  the  subjects  or  people  of  the  other  "'^••'^e  with 
ally,  must  be  furnished  with  sea-letters  and  passports,  Feb.  1778. 
expressing  the  name,  property  and  bulk  of  the  ship,  as 
also  the  name  and  place  of  habitation  of  the  master  or 
commander  of  the  said  ship,  that  it  may  appear  thercl)y 
that  the  said  slii])  really  and  truly  belongs  to  the  sub- 
jects of  one  of  the  parties,  which  passport  shall  be  made 
out  and  granted  according  to  the  form  annexed  to  this 
treaty ;  they  shall  likewise  be  recalled  every  year,  that 
is  if  the  ship  happens  to  return  home  within  the  space 
of  a  year:  It  is  likeioise  agreed  that  such  ships  being ccrtifi- 
laden,  are  to  be  provided  not  only  with  passports,  as  ^^J^^^^^^^ 
above  mentioned,  but  also  with  certificates  containing 
the  several   particulars  of  the  cargo,  the  place  where 
the  ship  sailed,  and  whither  she  is  bound  ;   that  so  it 
may  be  known   whether  any  forbidden  or  contraband 
goods  be  on  board  of  the  same,  which  certificates  shall 
be  made  out  by  the  officers  of  the  place  where  the  sln'p 
set  sail,  in  the  accustomed  form,  and  if  any  one  shall 
think  it  advisable  to  express  in  the  said  certificates  the 
persons  to  whom  the  goods  on  board  belong,  he  may 
freely  do  so. 

"Art.  28.    TJie  ships  of  the  subjects  and  inhabitants  Ships  en- 
of  either  of  the  parties,  coming  upon  any  coast  belong-  anTnot'*'^ 
ing  to  either  of  the  said  allies,  but  not  willing  to  enter  unlading, 
into  port,  or  being  entered  into  port,  and   not  willing 
to  unload  their  cargoes,  or  break  bulk,  they  shall  be 
treated  according  to  the  general  rules  prescribed,  or  to 
be  prescribed,  relative  to  the  object  in  question. 

"Art.  29.  If  the  ships  of  the  said  sw^^cc^s,  people,  Exhibition 

or  inhabitants,  of  either  of  the  parties  shall  be  met  with,  °^  P*^^' 
.  .  .  porta  at 

either  sailing  along  the  coasts,  or  on  the  high  seas,  by  sea. 
any  ship  of  war  of  the  other,  or  by  any  privateer,  the 
said  ship  of  war  or  privateer,  for  the  avoiding  any  dis- 
order, shall  remain  out  of  cannon  sliot,  and  may  send 
their  boats  on  board  the  merchant  ship  which  they  shall 
42 


658 


THE  GOVERNMENTAL  HISTORY  OP 


Part  IV. 


THE  REVOLUTIONARY  UNION  OF  THE  COLONIES 


Goods  or 
ships  not 
liable  to 
search. 


The  treaty  SO  meet  with,  and  may  enter  her  to  the  number  of  two 
of  amity     q^,  three  men  only,  to  whom  the  master  or  commander 

and  com-  . 

merce  with  of  siich  ship  or  vesscl  shall  exhibit  his  passport  concern- 

Fek'^nvs.  i"g  *^^^  property  of  the  ship,  made  out  according  to  the 

Boarding    form  inserted  in  this  present  treaty,  and  the  ship,  when 

leT^^  ^'    ^^1^  ^^^^^^  1^^^'^  showed  such  passport,  shall  be  free  and 

at  liberty  to  pursue  her  voyage,  so  as  it  shall  not  be 

lawful  to  molest  or  search  her  in  any  manner,  or  give 

her  chase,  or  force  her  to  quit  her  intended  course. 

"Art.  30.  It  is  also  agreed,  that  all  goods,  when  once 
put  on  board  the  ships  or  vessels  of  either  of  the  two 
contracting  parties,  shall  be  subject  to  no  further  irri- 
tation, but  all  visitation  and  search  shall  be  made  be- 
fore-hand, and  all  prohibited  goods  shall  be  stopped  on 
the  spot,  before  the  same  be  put  on  board,  unless  there 
are  manifest  tokens  or  proofs  of  fraudulent  practice ; 
nor  shall  either  the  persons  or  goods  of  his  most  chris- 
tian majesty,  or  the  United  States,  be  put  under  any 
arrest,  or  molested  by  any  other  kind  of  embargo,  for 
that  cause,  and  only  the  subject  of  that  state  to  whom 
the  said  goods  have  been,  or  shall  be  prohibited,  and 
who  shall  presume  to  sell  or  alienate  such  sort  of  goods, 
shall  be  duly  punished  for  the  offence. 

"Art.  31.    The  tivo  contracting'  jiarties  grant  mutually 
the  liberty  of  having,  each  in  the  ports  of  the  other, 
consuls,  vice-consuls,  agents  and  commissioners,  whose 
functions  shall  be  regulated  by  a  particular  agreement. 
Free  ports     "Art.  32.  And  the  more  to  favor  and  facilitate  the 
for  the       commerce  which  the  subjects  of  the  United  States  may 
U.  S.  A.     jjj^yy  ^j^j^  France,  the  most  christian  king  will  grant 
them  in  Europe  one  or  more  free  ports,  where  they  may 
bring  and  dispose  of  all  the  produce  and  merchandize 
of  the  thirteen  United  States,  and  his  majesty  will  also 
continue  to  the  subjects  of  the  said  states,  the  free 
ports  which  have  been  and  are  open  in  the  French  Isl- 
ands of  America ;  of  all  which  free  ports  the  said  sub- 
jects of  the  United  States  shall  enjoy  the  use  agreeable 
to  the  regulations  which  relate  to  them. 


Nor  per- 
sons to 
arrest. 


Consuls, 
&c. 


THE   UNITED   STATES   OF   AMERICA.  659 

UNDER    THK    DKCLAHATION    OF    INDEPENDKNCK.  I'AUT    IV. 

"Art.  33.    The  present  treaty  shall  be  ratified  on  both  Tiic  treaty 
sides,  and   the  ratifications  sliall  be  exchanged  in  the  ^1,/ "om- 
space  of  six  months,  or  sooner  if  possible.  morce  with 

P'rtiucG 

'•'•In  faith  whereof  tho  respective  Plenipotentiaries  have  Feb.  i778. 
signed  the  above  articles,  both  in  the  French  and  Eng-Katifica- 
lish  languages,  declaring  nevertheless,  that  the  present  exchange 
treaty  was  originally  composed  and   concluded  in  the  ^^  treaty. 
French  language,  and  they  have  thereto  affixed  their 
seals.     Done  at  Paris,  tliis   sixth   day  of  February, 
1778. 

C.  A.  Gerard,  [l.  s.] 
B.  Franklin,  [l.  s.] 
Silas  Deane.  [l.  s.] 
Arthur  Lee.     [l.  s.] 


"Treaty  op  Alliance  Eventual  and  Defensive." 

"  The  Most  Christian  Xing'  and  the  United  States  of  The  treaty 
North  America,  to  wit:  (naming  them)  having  this  day  °^^^jj^'y"j^® 
concluded  a  treaty  of  amity  and   commerce,  for   the  and  dcfcn- 
reciprocal  advantage  of  their  subjects  and  citizens,  have  France, 
thought   it   necessary  to  take  into  consideration  the ^®^'  ^'^'^^^ 
means  of  strengthening  those  engagements,  and  so  ren-  intention 
dering  them  useful  to  the  safety  and  tranquillity  of  the  ^Jg^^J^ 
two  parties ;  particularly  in  case  Great  Britain,  in  re- 
sentment of  that  connection,  and  of  the  good  corres- 
pondence which  is  the  object  of  the  said  treaty,  should 
break  the  peace  with  France,  either  by  direct  hostilities, 
or  by  hindering  her  commerce  and  navigation  in  a 
manner  contrary  to  the  rights  of  nations,  and  the  peace  Union 
subsisting  between  the  two  crowns:     And  His  ^^''y^-^^y  "^g "t%rit- 
and  the  said  United  States,  having  resolved,  in  that  case,  ain. 
to  join  their  councils  and  efforts  against  the  enterprises 
of  their  common  enemy,  the  respective  Plenipotentia- 
ries empowered  to  concert  the  clauses  and  conditions 
proper  to  fulfill  the  said  intentions,  have,  after  the  most 
mature  deliberation,  concluded  and  determined  on  the 
following  articles: 


aiu  to  b 
made  a 
common 
cause. 
Its  essen 


660  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  revolutionary  union  of  the  colonies 

The  treaty      "  Art.  I.     If  loar  slwuld  break  out  between  France 

of  alliance  ,--,        ,    n    ■      ■        -k      •  i  ,-  o  l^ 

eventual     ^^"  Ureat  hritain,  duniig  the  continuance  oi  the  pres- 
and  defen-  qjj^  ^^r^^  between  the  United  States  and  Eno-land,  his 

sive  with  ,  ^  ' 

France,      Majesty  and  the  said  United  States  shall  make  it  a  com- 
e  .,  1/  (  .  j^^^^j^  cause,  and  aid  each  other  mutually  with  their  srood 

War  With       ^  ,     !  J  ^ 

Great  Brit-  offices,  their  counscls,  and  their  forces,  according  to  the 
exigence  of  conjunctures,  as  becomes  good  and  faithful 
allies. 

"  Art.  II.     The  essential  and  direct  end  of  the  pres- 

tialaim.  ciit  defensive  alliance  is  to  maintain  effectually  the  lib- 
erty, sovereignty,  and  independence,  absolute  and 
unlimited,  of  the  said  United  States,  as  well  in  matters 
of  government  as  of  commerce. 

Mutuality       "  Art.  III.     The  two  contracting  parties  shall  each, 

of  efiort.     ^j-^  j|.g  pr^j,j;^  Qfj(3  jjj  ^\^Q  manner  it  may  judge  most  proper, 

make  all  the  efforts  in  its  power  against  their  common 
enemy,  in  order  to  attain  the  end  proposed. 
Concert  of      "  AuT.  IV.      The  contracting"  parties  agree,  that  in 
action.       ^^gg  either  of  them  should  form  any  particular  enter- 
prise, ill  which  the  concurrence  of  the  other  may  be 
desired,  the  party  whose  concurrence  is  desired,  shall 
readily  and  with  good  faith  join  to  act  in  concert  for 
that  purpose,  as  far  as  circumstances  and  its  own  par- 
ticular situation  will  permit,  and  in  that  case  they  shall 
regulate,  by  a  particular  convention,  the  quantity  and 
kind  of  succor  to  be  furnished,  and  the  time  and  man- 
ner of  its  being  brought  into  action,  as  well  as  the 
advantages  which  are  to  be  its  compensation. 
Reduction      "  Art.  V.     If  the   United  States  should  think  fit  to 
power  in    attempt  the  reduction  of  the  British  power  remaining 
America.    [^  the  northern  parts  of  America,  or  the  islands  of  Ber- 
mudas, those  countries  or  islands,  in  case  of  success, 
shall  be  confederated  with  or  dependent  upon  the  said 
United  States. 
Son  oT'os-     "  ''^^^'  ^^'     -^^'^  ^^^^  Christian  King  renounces  for- 
sessions  in  evcr  the  posscssion  of  the  island  of  Bermudas,  as  well 
by  France.  ^^  ^'^J  P^^'^  of  the  continent  of  North  America,  which, 


TUE    UNITED    STATES    OP   AMERICA.  661 

UNDER    THE    DECLARATION    OF    INDEPENDENCE,  PaRT    IV. 

before  the  Treaty  of  Paris  in  1763,  or  in  virtue  of  that  The  treaty 
treaty,  were  acknowledged  to  belong  to  the  crown  of  evj'utuai^^ 
Great  Britain,  or  to  the  United  States,  heretofore  called  :i"(i  ti^fen- 
British  colonies,  or  which  are  at  this  time,  or  have  late- Franco, 
ly  been,  under  the  power  of  the  king  and  crown  of  ^'^^■>  ^''^^' 
Great  Britain. 

"  Art.  VII.     If  his  most  Christian  Majesty  shall  think  Certain 
proper  to  attack  any  of  the  islands  situated  in  the  gulf  appe,.t\in 
of  Mexico,  or  near  that  gulf,  which  are  at  present  un- to  i'rance. 
der  the  power  of  Great  Britain,  all  the  said  isles,  in  case 
of  success,  shall  appertain  to  the  crown  of  France. 

"Art.  VIII.  Neither  of  the  two  parties  shall  con- Independ- 
clude  either  truce  or  peace  with  Great  Britain,  without  ^^^g  *a*  ^ 
the  formal  consent  of  the  other  first  obtained,  and  they 
mutually  engage  not  to  lay  down  their  arms  until  the 
independence  of  the  United  States  shall  have  been  for- 
mally or  tacitly  assured  by  the  treaty,  or  treaties,  that 
shall  terminate  the  war. 

"Art.  IX.     The    contracting'  parties   declare,   that ^"^o  claim 
being   resolved  to   fulfill,  each   on   its   own   part,  the  peusatlon. 
clauses  and  conditions  of  the  present  treaty  of  alliance, 
according  to  its  own  power  and  circumstances,  there 
shall  be  no  after  claim  of  compensation  on  one  side  or 
the  other,  whatever  may  be  the  event  of  the  war. 

"Art.  X.     The  most  Christian  King  and  the  United  ^^^^"^  vo^- 
States  agree  to  invite,  or  admit,  other  powers  who  may  invited  to 
have  received  injuries  from  England,  to  make  common  *^"^  ^^^' 
cause  with  them,  and  to  accede  to  the  present  alliance, 
under  such  conditions  as  shall  be  freely  agreed  to  and 
settled  between  all  the  parties. 

"  Art.  XI.  The  two  parties  guarantee  mutually  from  Mutual 
the  present  time,  and  forever,  against  all  other  powers,  ^"^'^*'^**^** 
to  wit:  The  United  States  to  his  most  Christian  Majes- 
ty the  present  possessions  of  the  crown  of  France  in 
America  as  well  as  those  which  it  may  acquire  by  the 
future  treaty  of  peace ;  and  his  most  Christian  Majesty 
guarantees  on  his  part,  to  the  United  States,  their  lib- 


662 


THE   GOVERNMENTAL   HISTORY   OF 


Part  IV. 


TUK  RKVOLUTIONAUY  UNION  OF  THK  COLONIES 


The  treaty  erty, sovereignty,  and  independence,  absolute  and  unlim- 

of alliance   .,    j  n    •  ,,  /«  , 

eventual     ^ted,  as  well  HI  matters  oi  government  as  commerce, 
and  defcu-  ^^^(j  qI^q  their  Dossessions,  and   the  additions  or  con- 

sive  with  7  7     •  y    7  • 

France,  qucsts  that  their  confederation  may  obtain  during  the 
Feb.,  1778.  ^^^^  from  any  of  the  dominions  now  or  heretofore  pos- 
sessed by  Great  Britain  in  North  America,  conformable 
to  the  5th  and  6th  articles  above  written,  the  whole,  as 
their  possession,  shall  be  fixed  and  assured  to  the  said 
states,  at  the  moment  of  the  cessation  of  their  present 
war  with  England. 
Explana-  "  Art.  XII.  In  order  to  Jix  viore  precisely  the  sensQ 
last  article.  ^^^^  application  of  the  preceding  article,  the  contracting 
parties  declare,  that  in  case  of  a  rupture  between  France 
and  England,  the  reciprocal  guarantee  declared  in  the 
said  article  shall  have  its  full  force  and  effect,  the  mo- 
ment such  war  shall  break  out;  and  if  such  rupture 
shall  not  take  place,  the  mutual  obligations  of  the  said 
guarantee  shall  not  commence,  until  the  moment  of  the 
cessation  of  the  present  war  between  the  United  States 
and  England  shall  have  ascertained  their  possessions. 

"Art.  XIII.  The  present  treaty  shall  be  ratified  on 
both  sides,  and  the  ratifications  shall  be  exchanged  in 
the  space  of  six  months,  or  sooner  if  possible. 

In  faith  whereof,  the  respective  Plenipotentiaries,  to 
wit:  on  the  part  of  the  most  Christian  King,  Conrad 
Alexander  Gerard,rojSi\  Sindic  of  the  city  of  Strasburgh, 
and  secretary  of  his  Majesty's  council  of  state;  and 
on  the  part  of  the  United  States,  Benjamin  Franklin, 
depiity  of  the  general  congress  from  the  state  of  Penn- 
sylvania, and  president  of  the  convention  of  that  state ; 
Silas  Deane,  heretofore  deputy  from  the  state  of  Con- 
necticut; and  Arthur  Lee,  counsellor  at  law;  have 
signed  the  above  articles,  both  in  the  French  and  Eng- 
lish languages,  declaring  nevertheless,  that  the  present 
treaty  was  originally  composed  and  concluded  in  the 
French  language,  and  they  have  hereunto  affixed  their 
seals. 


Time  for 
ratifica- 
tion. 


Attesta- 
tion. 


THE  UNITED    STATES   OF   AMERICA.  663 

UXDEK    THE    DECLARATION    OF    INDEPENDENCE.  PaRT    IV. 

Done  at  Paris,  this  6th  day  of  February,  one  thou-  Conciu- 
sand  seven  hundred  and  seventy-eight. 

C.  A.  Gerard,  [l.  s.] 
B.  Franklin,  [l.  s.] 
Silas  Deane.  [l.  s.] 
Arthur  Lee.     [l.  s.] 


Thus  the  congress  gave  a  tenfold  security  to  the  posi-  Benefits  of 
tion  of  the  United  Colonies,  and  made  a  most  efifective  *  ^  ^  '* 


ance. 


advance  towards  promoting  their  independence.      An 
alliance  with  so  powerful  and  so  respectable  a  kingdom 
and  people  as  the  French  nation,  could  not  operate  oth- 
erwise than  advantageously  on  the  issue  of  the  contest 
in  which  they  were  now  engaged.     It  was  a  very  strong 
acknowledgment  of  their  independence  of  Great  Britain, 
and  was  well  made  an  occasion  of  jubilee  and  mutual 
congratulation  throughout  the  country.     The  congress,  Action  of 
ever  watchful  to  catch  the  favoring  breeze,  regarded  itgreasTpon 
as  a  fitting  stand-point  from  which  to  take  an  observa-  '*• 
tion,  and  accordingly,  on  the  sixth  day  of  May,  appoint- 
ed Mr.  R.  H.  Lee,  Mr.  Chase,  and  Mr.  G.  Morris,  a 
committee  "to  prepare  an  address  to  the  inhabitants  of 
these  states  upon  the  present  situation  of  public  affairs." 

This  committee  reported  a  draft  on  the  eighth  day  of  Committee 
May,  which  was  adopted  by  the  congress,  after  sundry  ^^  p^^p*'"® 
amendments.     Containing,  as  it  does,  a  true  j^nd  full 
statement  of  the  posture  of  affairs  at  this  time,  it  neces- 
sarily becomes  a  part  of  this  work.      The  address  as 
agreed  to,  was  as  follows,  viz.  : 

"The  Congress  to  the  inhabitants  of  the  United 
States  of  America. 
"  Friends  and  Countrymen  :      Three  years  have  now 
passed  away*  since  the  commencement  of  the  present 
war.     A  war  without  parallel  in  the  annals  of  mankind.  The  war 
It  hath  displayed  a  spectacle  the  most  solemn  that  can  aspects. 
possil)ly  be  exhibited.     On  one  side,  we  behold  fraud 
and  violence  labouring  in  the  service  of  despotism;  on 


C64  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  thk  rpjvolutionary  union  of  the  colonies 

Addics^H  of  the  other,  virtue  and  fortitude  supporting  and  estab- 

^regstotljelishing  thc  rights  of  human  nature. 

iiiiuibitauts     "You  cannot  but  remember  how  reluctantly  ^ye  were 

oi  the  1  1   •  1  •  1 

U.  S.  A. ou dragged  into  this  arduous  contest;  and  how  repeatedly, 

P"^!',^        with  the  earnestness  of  humble  entreaty,  we  supplicated 
May,  1118.  a  rcdrcss  of  grievances  from  him  who  ought  to  have 
^fTt'th**   been  the  father  of  his  people.     In  vain  did  we  implore 
contest,      his  protection.     In  vain  appeal  to  the  justice,  the  gen- 
erosity, of  Englishmen;   of  men,  who  had   been   the 
guardians,    the    assertors    and   vindicators   of    liberty 
through  a  succession  of  ages;    men,  who,  with  their 
swords,  had  established  the  firm  barrier  of  freedom,  and 
All  efforts  cemented  it  with  the  blood  of  heroes.     Every  effort  was 
ciiiation'    "^'^.iii.     For  even  whilst  we  were  prostrate  at  the  foot  of 
fruitless,     the  throiie,  that  fatal  blow  was  struck,  which  hath  sepa- 
rated   us   forever.      Thus    spurned,   contemned,    and 
insulted;    thus  driven  by  our  enemies  into  measures 
which  our  souls  abhorred ;  we  made  a  solemn  appeal  to 
the  tribunal  of  unerring  wisdom  and  justice,  to  that 
Almighty  Ruler  of  Princes,  whose  kingdom  is  over  all. 
Their  con-     "We  were  then  quite  defenceless.     Without  arms, 

dition  at  ^  .  ' 

the  com-  without  ammunition,  without  clothing,  without  ships, 
meur'  without  money,  without  officers  skilled  in  war ;  with 
no  other  reliance  but  the  bravery  of  our  people  and 
the  justice  of  our  cause.  We  had  to  contend  with  a 
natioix.great  in  arts  and  in  arms,  whose  fleets  covered 
the  ocean,  whose  banners  had  waved  in  triumph 
through  every  quarter  of  the  globe.  However  une- 
qual this  contest,  our  weakness  was  still  further  in- 
creased by  the  enemies  which  America  had  nourished 
in  her  bosom.  Thus  exposed,  on  the  one  hand,  to 
external  force  and  internal  divisions  ;  on  the  other,  to 
be  compelled  to  drink  the  bitter  cup  of  slavery,  and  to 
Kecessity  go  sorrowing  all  our  lives  long ;  in  this  sa*d  alternative, 
to  Trm?"'^^  ^^^  chose  the  former.  To  this  alternative  we  were 
reduced  by  men,  who,  had  they  been  animated  by  one 
spark  of  generosity,  would  have  disdained  to  take  such 
mean  advantage  of  our  situation;  or,  had  they  paid 


THE   UNITED    STATES   OP   AMERICA.  665 

UNDEK    THK    DKCLARATION    OK    INDEPENDENCE.  PaKT    IV. 

the  least  regard  to  the  rules  of  justice,  would  have  Address 
considered   with   abhorrence   a  proposition    to   hijure  "j.^^^^^^^^^" 
those   who   had    faitiifully   fought   their   battles,   and  iuimbitauta 
industriously  contributed  to  rear  the  edifice  of  their  ^  s.  a.  on 

o-lorv  public  at- 

"But,  however  great  the  injustice  of  our  foes  iniYVs. 
commencing  this  war,  it  is  by  no  means  equal  to  that 
cruelty  witli  which  tlioy  have  conducted  it.  The  course 
of  their  armies  is  marked  by  rapine  and  devastation. 
Tliousands,  without  distinction  of  age  or  sex,  have 
been  driven  from  their  peaceful  abodes,  to  encounter 
the  rigors  of  inclement  seasons ;  and  the  face  of 
Heaven  hath  been  insulted  by  the  wanton  conflagra- 
tion of  defeuceless  towns.  Their  victories  have  been 
followed  by  the  cool  murder  of  men  no  longer  able  to  Conduct 
resist ;  and  those  who  escaped  from  the  first  act  of  [^,,  GreaT^"^ 
carnage  have  been  exposed,  by  cold,  hunger,  and^^t^in. 
nakedness,  to  wear  out  a  miserable  existence  in  the 
tedious  hours  of  confinement,  or  to  become  the  de- 
stroyers of  their  countrymen,  of  their  friends  ;  perhaps, 
dreadful  idea !  of  their  parents  or  children.  Nor  was 
this  the  outrageous  barbarity  of  an  individual,  but  a 
system  of  deliberate  malice,  stamped  with  the  concur- 
rence of  the  British  legislature,  and  sanctioned  with 
all  the  formalities  of  law.  Nay,  determined  to  dissolve 
the  closest  bonds  of  society,  they  have  stimulated  serv- 
ants to  slay  their  masters  in  the  peaceful  hour  of  do- 
mestic security.  And,  as  if  all  this  were  insufficient 
to  slake  their  thirst  for  blood,  the  blood  of  brothers, 
of  unoffending  brothers,  they  have  excited  tlie  Indians 
against  us ;  and  a  general,  who  calls  himself  a  Chris- 
tian, a  follower  of  tlie  merciful  Jesus,  hath  dared  to 
proclaim  to  all  the  world  his  intention  of  letting  loose 
against  us  whole  hosts  of  savages  ;  whose  rule  of  war- 
fare is  promiscuous  carnage  ;  who  rejoice  to  murder 
the  infant  smiling  in  its  mother's  arms ;  to  inflict  on 
tjicir  prisoners  the  most  excruciating  torments ;  and 
exhibit  scenes  of  horror  from  which  nature  recoils. 


666  THE  GOVERNMENTAL    HISTORY  OF 

Part  IV.  the  revolutionary  vmon  of  the  colonies 

Address  "  Were  it  possible,  they  would  have  added  to  this 
°|^g*gg*^^^^^^  terrible  system,  for  they  have  offered  the  inhabit- 
inhabitants  ants  of  these  states  to  be  exported  by  their  merchants 
U.S.  A. onto  the  sickly,  baneful  climes  of  India,  there  to  perish  ; 
put»^ic^f-  an  offer  not  accepted  of,  merely  from  the  impractica- 
1778.  '  bility  of  carrying  it  into  execution. 
Crueltreat-  "Notwithstanding  these  great  provocations,  we  have 
prisoners  treated  such  of  them  as  fell  into  our  hands  with  ten- 
by  Great  ^gmess,  and  studiously  endeavored  to  alleviate  the 
Christian  afflictions  of  their  captivity.  This  conduct  we  have 
treatment  pm-gued  SO  far  as  to  be  by  them  stigmatized  with  cow- 

01  prison-    ^  .  . 

ers  by  the  ardice,  and  by  our  friends  with  folly.     But  our  dcpend- 
coiomes.     q^^^q  ^r^s  not  upon  man.     It  was  upon  Him  who  hath 
commanded  us  to  love  Our  enemies,  and  to  render 
good  for  evil.     And  what  can  be  more  wonderful  than 
the  manner  of  our  deliverances  ?     How  often  have  we 
Their reli-  been  reduced  to  distress,  and  yet   been   raised    up? 
alld*^int^e*J-  When  the  means  to  prosecute  the  war  have  been  want- 
positions    ing  to  us,  have  not  our  foes  themselves  been  rendered 
dence.  ^ '   instrumental  in  providing  them  ?     This  hath  been  done 
in  such  a  variety  of  instances,  so  peculiarly  marked 
almost  by  the  direct  interposition  of  Providence,  that 
not  to  feel  and  acknowledge  his  protection  would  be 
the  height  of  impious  ingratitude. 
Certainty        "At  length  that  God  of  battles,  in  whom  was  our 
of  success.  ^j.^gt^  i^ath  conducted  us  through  the  paths  of  danger 
and  distress,  to  the  thresholds  of  security.     It  hath 
now  become  morally  certain,  that,  if  we  have  courage 
to  persevere,  we  shall  establish  our  liberties  and  inde- 
pendence.    The  haughty  prince,  who  spurned  us  from 
his  feet  with  contumely  and  disdain,  and  the  parlia- 
ment which  proscribed  us,  now  descend  to  offer  terms 
of  accommodation.     Whilst  in  the  full  career  of  vic- 
tory, they  pulled  off  the  mask  and  avowed  their  in- 
tended despotism.     But  having  lavished  in  vain  the 
blood  and  treasure  of  their  subjects  in  pursuit  of  this 
execrable  purpose,  they  now  endeavor  to  ensnare  us 
with  the  insidious  offers  of  peace.     They  would  seduce 


THE   UNITED    STATES   OF   AMERICA.  667 

UNDER    THE    DECLARATION    OF    INDEPENDENCE.  I'aUT    IV. 

you  into  a  dependence,  which  necessarily,  inevitably,  Address 
leads  to  the  most  humiliating  slavery.  "ni'tothc 

"And  do  they  believe  that  you  will  accept  these iniiabitauta 
fatal  terms?     Because  you  have  suffered  the  distresses u.  s.  a.  on 
of  war,  do  they  suppose  that  you  will  basely  lick  the  public  af- 
dust  before  the  feet  of  your  destroyers  ?     Can  there  i778. 
be  an  American  so  lost  to  the  feelings  which  adorn  Offers  of 
human  nature,  to  the  generous  pride,  the  elevation,  ^5^^^*^}^^' 
the  dignity  of  freedom  ?     Is  there  a  man  who  would  f^rpat 
not  abhor  a  dependence  upon  those  who  have  deluged 
his  country  in  the  blood  of  its  inhabitants  ?     We  can- 
not suppose  this ;  neither  is  it  possible  that  they  them- 
selves can  expect  to  make  many  converts.     What  then 
is  their  intention  ?     Is  it  not  to  lull  you  with  the  falla- Their  de- 
cious  hopes  of   peace,  until  they  can  assemble  new'iy°g'an^ 
armies  to  prosecute  their  nefarious  designs?     If  this "'ischiev- 

ous. 
IS  not  tlic  case,  why  do  they  strain  every  nerve  to  levy 

men  throughout  their  islands  ?  Why  do  they  meanly 
court  every  little  tyrant  of  Europe  to  sell  them  his 
unhappy  slaves  ?  Why  do  they  continue  to  embit- 
ter the  minds  of  the  savages  against  you?  Surely 
this  is  not  the  way  to  conciliate  the  affections  of 
America. 

"  Be  not,  therefore,  deceived.      You  have   still  to  The  trial 
expect  one  severe  conflict.     Your    foreign   alliances,  *°  ^^'^^' 
though  they  secure  your  independence,  cannot  secure 
your  country  from  desolation,  your  habitations  from 
plunder,  your  wives  from  insult  or  violation,  nor  your 
children    from   butchery.      Foiled   in    their   principal 
design,  you  must  expect  to  feel  the  rage  of   disap- 
pointed ambition.     Arise,  then  !    to  your  tents !   and 
gird  you  for  battle.     It  is  time  to  turn  the  headlong 
current  of  vengeance  upon  the  head  of  the  destroyer. 
They  have  filled  up  the  measure  of  their  abominations, 
and  like  ripe  fruit  must  soon  drop  from  the  tree.     Al- 
though much  is  done,  yet  much  remains  to  do.     Expect  No  peace 
not  peace  whilst  any  corner  of  America  is  in  po!5sessionf^'gjg^p^'[gp, 
of  your  foes.     You  must  drive  them  away  from  this  minated. 


668  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  revolutionary  union  of  the  colonies 

Address     land  of  promise,  a  land  flowing  indeed  with  milk  and 

of  the  con-  j^Q^j^^y^  Your  brethren  at  the  extremities  of  the  con- 
gress to  the  •' 

iuhabitauts  tinent  already  implore  your  friendship  and  protection. 
U.  S.  A.  on  It  is  your  duty  to  grant  their  request.  They  hunger 
public  af-    and  thirst  after  liberty ;    be  it  yours  to  dispense   to 

itiirs^  iiitLyj  _  ,_  ATI  •! 

1778.         them  the  heavenly  giit.     And  what  is  there  now  to 

prevent  it  ? 

Condition       "After  the  unremitted  efforts  of  our  enemies,  we  are 

gtreu"-th     stronger  than  before.     Nor  can  the  wicked  emissaries, 

of  the       "vvho  so  assiduously  labour  to  promote  their  cause,  point 

out  any  one  reason  to  suppose  that  we  shall  not  receive 

daily  accessions  of  strength.     They  tell  you,  it  is  true, 

that  your  money  is  of  no  value ;  and  your  debts  so 

enormous,  they  can  never  be  paid.     But  we  tell  you, 

■Weakness  that  if  Britain  prosecutes  the  war  another  campaign, 

Britain.      ^^^^^  single  Campaign  will  cost  her  more  than  we  have 

hitherto  expended.     And  yet  these  men  would  prevail 

upon  you  to  take  up  that  immense  load,  and  for  it  to 

sacrifice  your  dearest  rights. 

"For,  surely,  there  is  no  man  so  absurd  as  to  suppose 
that  the  least  shadow  of  liberty  can  be  preserved  in  a 
dependent  connection  with  Great  Britain.     From  the 
Depend-     nature  of  the  thing  it  is  evident,  that  the  only  security 
Great^Brit- y*^^  could  obtain,  would  be  the  justice  and  moderation 
aan,  what,  of  a  parliament  who  have  sold  the  rights  of  their  own 
constituents.     And  this  slender  security  is  still  further 
weakened  by  the  consideration  that  it  was  pledged  to 
rebels,  (as  they  unjustly  call  the  good  people  of  these 
states,)  with  whom  they  think  they  are  not  bound  to 
keep  faith  by  any  law  whatsoever.     Thus  would  you 
be  cast  bound  among  men  whose  minds,  by  your  vir- 
tuous resistance,  have  been  sharpened  to  the  keenest 
edge  of  revenge.     Thus  would  your  children  and  your 
children's  children  be  by  you  forced  to  a  participation 
of  all  their  debts,  their  wars,  their  luxuries,  and  their 
crimes.      And    this   mad,  this   impious   system,   they 
would  lead  you  to  adopt,  because  of  the  derangement 
of  your  finances. 


THE   UNITED   STATES   OF   AMERICA.  669 

UNDER    THE    DECLARATION    OP    INDEPENDENCE.  I'Mir    IV. 

"  It  becomes  you  deeply  to  reflect  on  tliis  subject.  Ad.ircss 

Is  there  a  country  on  earth,  which  hath  sucli  resources '' .  ^  ";^'^'^" 

for  the  payment  of  her  debts  as  America  ?     Such  an  fi'e  inhab- 

cxtensive   territory?     So  fertile,  so  blessed   in   its   cli- the  U.S.A. 

mate   and  productions?     Sui-ely  there  is  none.     Nci-""P"'V 

thcr  is   there  any  to  Avhich  the  wise   Europeans  will  iiay,  1 778. 

sooner  confide  their  jiropcrty.     "What  then  are  the  rea- i^esources 

•         1  n      r,  °f  Aracri- 

sons  that  your  money  hath  depreciated  r     JJccause  no  ca. 

taxes  have  been  imposed  to  carry  on  the  war.     Because 
your  commerce  hath  been  interrupted  by  your  enemy's 
fleets.     Because  their  armies  have  ravaged  and  deso- Causes  of 
lated   a   part  of  your  country.     Because  their  agents  embarrasa- 
have  villainously   counterfeited   your   bills.      Because  "^°"*' 
extortioners  among  you,  influenced  with  the  lust  of 
gain,  have  added  to  the  price  of  every  article  of  life. 
And  because  weak  men  have  been  artfully  led  to  believe 
that  it  is  of  no  value. 

"  How  is  this  dangerous  disease  to  be  remedied  ?  The 
Let  those  among  you,  who  have  leisure  and  opportunity,  ^^^ 
collect  the  monies  which  individuals  in  your  neighbor- 
hood are  desirous  of  placing  in  the  public  funds.  Let 
the  several  legislatures  sink  their  respective  emissions ; 
that  so,  there  being  but  one  kind  of  bills,  there  may  be 
less  danger  of  counterfeits.  Kefrain  a  little  while  from 
purchasing  those  things  which  are  not  a1:)solutely  neces- 
sary, that  so  those  who  have  engrossed  commodities 
may  suffer  (as  they  deservedly  will),  the  loss  of  their 
ill-gotten  hoards,  l)y  reason  of  the  commerce  with  for- 
eign nations,  which  the  fleets  will  protect.  Above  all, 
bring  forward  your  armies  into  the  field.  Trust  not  to 
appearances  of  peace  or  safety.  Be  assured  that  un- 
less you  persevere,  you  will  be  exposed  to  every  species 
of  barbarity.     But  if  you  exert  the  means  of  defence  ' 

which  God  and  nature  have  given  you,  the  time  will 
soon  arrive,  when  every  man  shall  sit  under  his  own 
vine,  and  under  his  own  fig-tree,  and  there   shall  be 

none  to  make  him  afraid.  Therccom- 

pciisG  prC" 

"  The  sweets  of  free  commerce  with  every  part  of  the  dieted. 


670  THE  GOVERNMENTAL  HISTORY  OP 

Part  IV.  the  revolutionary  union  of  the  colonies 

Address  earth,  will  soon  reimburse  you  for  all  the  losses  you 
of  thecon-jj,^^,g  sustained.     The   full  tide  of  wealth  will  flow  in 

gress  to 

the  inhab-  upon  your  shores,  free  from  the  arbitrary  impositions 
the°u.  s.  A.  of  those  whose  interest  and  whose  declared  policy  it 
ou  piib-     ^yas  to  check  your  growth.     Your  interests  will  be  fos- 

lie  iiffhirs, 

May,  1778.  tered  and  nourished  by  governments  that  derive  their 
power  from  your  grant,  and  will  therefore  be  obliged, 
by  the  influence  of  cogent  necessity,  to  exert  it  in  your 
favor'.     It  is  to  obtain  these  things  that  we  call  for  your 
strenuous,  unremitted,  exertions. 
Reliance         "  Yet  do  not  belicve  that  you  have  been  or  can  be 
idence nee- saved  merely  by  your  own  strength.     No!  it  is  by  the 
essary.       assistance  of  Heaven,  and   this  you  must  assiduously 
cultivate  by  acts  which   Heaven  approves.     Thus  shall 
the  power  and  the  happiness  of  these  sovereign,  free,  and 
independent  states,  founded  on  the  virtue  of  their  citi- 
zens, increase,  extend,  and  endure,  until  the  Almighty 
shall  blot  out  all  the  empires  of  the  earth."* 
*  Journals      Immediately  after  the   adoption  of  this  address  the 
™„!;!?'^'      congress  ^'■Resolved,  that  it  be  recommended  to  minis- 
ters of  the    gospel,  of   all    denominations,  to  read,  or 
cause  to  be  read,  immediately  after  divine  service,  the 
above  address  to  the  inhabitants  of  the  United  States 
of  America,  in  their  respective  churches  and  chapels, 
and  other  places  of  religious  worship." 


gress. 


Concur-         Hitherto,  I  have  not  deemed  it  important  to  refer  to 
rent  pro-    ^j^^  proceedings  of  parliament   after  the  colonies  took 
pariia-       up  arnis  in  their  defence,  because,  whatever  their  char- 
mfnistry^    acter,  they  had  no  essential   influence  upon  the  com- 
plexion of  our  governmental  history.    So,  also,  whatever 
plans  of  conciliation  may  have  been  devised  by  the  min- 
istry of  Great  Britain  during  the  revolutionary  period, 
are  alike  unnecessary  to  my  purpose  in  this  work.     Va- 
rious methods  of  accommodation  were   from  time  to 
time  suggested,  but  all  of  them  were  of  the  same  char- 
acter in  the  main  with  those  which  provoked  the  sever- 
ance, embittered  their  hostility,  and  alienated  the  peo- 


THE   UNITED    STATES   OP   AMERICA.  671 

UNDER  THE  DECLARATIOX  OF  INDEPENDENCE.         ParT  IV. 


plc  of  America  forever  from  their  allegiance  to  the  pa- Arrival  of 
rent  state.     And  what  could  not  conciliate  when  the v'"'"'^'.'' ''"'"' 

J  Diissiouora 

were  disposed  to  conciliation,  certainly  could  not  win  ''''o'»  I'^^g- 
thcm  back  after  they  had  once  resolved  upon  indcpend-  ^  ' 
ence.  It  sufficeth  us  to  know,  that  the  position  now 
taken  by  the  United  Colonics  was  one  which  precluded 
all  possibility  of  amity  under  any  terms  of  dependency 
upon  the  crown.  This  is  conclusively  evident  by  the 
action  of  the  congress  on  the  arrival  of  commissioners 
deputed  by  the  king  to  carry  into  effect  Lord  North's 
bills  for  conciliation,  then  recently  adopted  in  parlia- 
ment. 

The  king's  ship-of-war,  the  Trident,  of  sixty-four 
guns,  arrived  with  these  commissioners,  in  Delaware 
river,  on  the  fourth  of  June,  soon  after  the  adoption 
of  the  foregoing  address.     They  were,  the  Earl  of  Car- Names  of 

lisle,  Governor  George  Johnstone  and  William  Eden  ;  ^^'^  ^°™' 
'  _  '^  _  '  missioners. 

to  whom  were  joined  Lord  Howe  and  Sir  William  Howe  ; 
who,  however,  did  not  act,  the  former  being  engaged 
with  the  British  fleet,  and  the  latter  having  returned 
to  England  before  the  commission  arrived.  The  place 
of  General  Howe  in  the  commission  was  supplied  by 
General  Sir  H.  Clinton.  Dr.  Adam  Ferguson,  pro- 
fessor of  moral  philosophy  in  the  University  of  Edin- 
burgh, was  secretary  to  the  commission. 

Upon  their  arrival  in  Pliiladelphia,  General  Clinton  They  apply 
wrote  to  Gen.  Washington  informing  him  of  the  fact,  and  ^°  ^^''^^h- 

o  "  '  ington  for 

requesting  a  passport  for  Dr.  Ferguson  to  proceed  to  a  passport. 
congress,  with  dispatches.     Gen.  Washington  refused  to 
grant  the  request,  saying,  in  his  reply  to  Gen.  Clinton  ;  "  I  Washing- 
do  not  conceive  myself  at  liberty  to  grant  the  passport  !,*^j"  jy'jfg^' 
you  request  for  Dr.  Ferguson,  without  being  previously 
instructed  by  congress  on  the  subject.     I  shall  dispatch 
a  copy  of  your  letter  to  them,  and  will  take  the  carli- w',.rt1ng3 
est   opportunity  of    communicating   their    determina-"^  ^^''*^'^" 

,.        „^  °  ington, 

tion."*  Vol.  V. 

The  letter  and  papers  received  from  Sir  Henry  Clin- 
ton, together  with  a  copy  of  his  reply,  were  forwarded 


672  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  revolutionary  union  of  the  colonies 

The  peace  by  Gcii.  Washington  to  the  president  of  congress,  and 
commis-     y^QYQ  laid  before  that  body  on  the  eleventh  day  of  June. 

sioiicrs  and  •'  •' 

congress,    After   being   read,  they  were  referred  to  a  select  com- 
^"'^'    '  ■  mittee  to  report  thereon,  when  the  further  considera- 
tion of  the  subject  was  postponed. 
They  send      Meanwhile,  the  commissioners,  without  waiting  to 
per"  to'     liear  further  from  General  Washington,  forwarded  their 
congress,    papers  to  the  congress  ;  and  on  Saturday,  the  thirteenth, 
while  congress  were  debating  upon  the  report  of  the 
committee  to  whom  the  papers  received  from  Washing- 
ton had  been  referred,  an  express  arrived  with  a  pri- 
Special       vate    loiter  of  the  eleventh,  from  Washington,  to  the 
dispatch     president  of  congress ;    and  also  a  packet  in  which  was 
Washing-  enclosed,  together  with  other  papers  to  which  we  may 
g'^ggg*^  ^'^"' hereafter    refer    more    particularly,    a    letter   signed, 
"  Carlisle,  William   Eden,  George  Johnstone,"  dated 
Philadelpliia,  June   the    9th,  1778,  and  directed  "  To 
His  Excellency  Henry  Laurens,  the  President,  and  oth- 
ers, the  members  of  congress." 
Letter  of        This  letter  was   read    till  they  came  to  the  words, 
missioncrs  '"  i"sidious  interposition  of  a  power,  which  has,  from 
to  con-      the  first  settlement  of  the  colonies,  been  actuated  with 
^^^^^'        enmity  to  us  both  ;  and  notwithstanding  the  pretended 
Offensive    ^^^^  ^r  present  form  of  the  French  offers" — here  the 
words        reading  was  interrupted  ;  a  motion  was  made   not  to 

against 

France,      proceed   further,   because    of   the    offensive    language 
against  his  most  christian  majesty.     During  the  debate 
upon  this  motion,  the  further  consideration  of  the  sub- 
ject was  postponed,  and  the  congress  adjourned  till  ten 
o'clock  on  Monday,  then  next.     The  matter  continued 
to  receive  the  consideration  of  the  congress,  from  day 
Action  of  ^^  ^^y^^  ^^^^  Wednesday,  June  seventeenth,  when  the 
the  con-     draft  of  a  letter   reported  by  a  committee  appointed 
^^^^^'        thereto,  to  be  forwarded  by  the  president  of  congress, 
"  in  answer  to  the  letters   and  papers  from  the  Earl  of 
Carlisle,  &c.,  commissioners  of  the  king  of  Great  Brit- 
ain," was  unanimously  adopted,  as  follows,  viz. : 

"  I  have  received  the  letter  from  your  excellencies 


THE   UNITED   STATES   OP   AMERICA.  673 


UNUEK    THE    DECLARATION    OF    INDEPKNDKKCK.  I'aUT    IV. 

of  the  ytli  inst,  with  the  enclosures,  and  laid  them  be-  Reply  of 
fore  congress.  Nothing  but  an  earnest  desire  to  spare  !,ressTo 
the  further  effusion  of  human  blood  could  have  induced  the  peace 
them  to  read  a  paper  containing  expressions  so  disre- s;o,ici..s'' 
spoctful  to  his  most  christian  majesty,  the  good  and  [*|,^|]"^jyjj 
great  ally  of  these  states  ;  or  to  consider  propositions  ii,^iil8. 
so  derogatory  to  the  honor  of  an  independent  nation. 

"The  acts  of  the  British  parliament,  the  commission  The  idea 
from  your  sovereign,  and  your  letter,  suppose  the  peo- p,j(,/Qn"* ' 
pie  of  these  states  to  be  subjects  of  the  crown  of  Great '^^''^-'^t  i^"t- 

tiiu  repudi- 

Britain,  and  are  founded  on  the  idea  of  dependence,  atcd. 
which  is  utterly  inadmissible. 

"  1  am  further  directed  to  inform  your  excellencies,  Inclhiation 
that  congress  arc  inclined  to  peace,  notwithstanding  the  °  P^*^*^^- 
unjust  claims  from  which  this  war  originated,  and  the 
savage  manner  in  wliicli  it  hath  been  conducted.     They 
will  therefore  be  ready  to  enter  upon  the  consideration 
of  a  treaty  of  peace  and  commerce,  not  inconsistent  Terms  of 
with  treaties  already  subsisting,  when  the  king  of  Great  P^^*^^' 
Britain  shall  demonstrate  a  sincere  disposition  for  that 
purpose.     The  only  solid  proof  of  this  disposition  will 
be  an  explicit  acknowledgment  of  the  independence  of 
these  states,  or  the  ivithdrawing  his  fleets  and  armies. 
"  I  have  the  honor  to  be 

your  excellencies'  most  obedient 

and  humble  servant 
Henry  Laurens,  President.''^ 
"  By  order  of  the  congress." 


The  existence  of  a  treaty  of  alliance,  etc.,  between  Ti,e  alli- 
the  United  Colonies  and  France,  though  it  was  feared, -^"^^^  ^'t'l 

,  .      r^  -r.   •      .  France  not 

was  not  known  m  Great  Britain  when  the  king  s  com- known  in 
missioners  embarked  for  America  ;  and  they  evidently  ^^"S''"'d. 
had  not  been  advised  of  it  since  their  arrival,  otherwise 
they  would  not  have  hazarded  the  accomplishment  of 
their  mission,  by  so  exceptionable  an  allusion  to  his 
christian  majesty.  They  nevertheless  soon  became 
more  forcibly  av>'are  of  the  relations  of  amity  consum- 
43 


674  THE   GOVERNMENTAL    HISTORY   OP 

Part  IV.  the  rktolutionary  union  of  the  colonies 

Arrival  of  mated  between  the  two  countries,  when,  on  the  elev- 
fleeUnDd-  ^"^'^  ^^  "^"^^ — probably  under  the  provisions  of  "  the 
aware  Bay,  act  separate  and  secret" — his  excellency  Count  d'  Es- 
"  ^'        ■  taing  arrived  in  Delaware  Bay  in  the  Languedoc,  hav- 
ing under  his  command  a  powerful  fleet  of  twelve  sail 
of  line-of-battle-ships,  and  four  frigates,  fully  officered 
and  manned,  "  to  co-operate  with  the  American  forces 
in  the  reduction  of  the  British  army  and  navy." 

The  importance  and  the  effect  of  this  alliance  upon 
the  designs  of  Great  Britain  and  the  destinies  of  Amer- 
ica are  well  known,  and  have  been  elsewhere  recorded 
by  abler  pens  than  mine,  in  becoming  characters,  and 
will  be  the  subject  of  more  particular  remark  hereafter. 
Having  digressed  thus  much,  for  the  sake  of  future 
reference,  I  return  again  to  my  own  peculiar  work. 


The  theory  In  analyzing  the  theory  of  government  under  which 
mon^ofth'c  ^ho  scvcral  colonies  in  America  became  independent 
United       statcs,  dcrivcd  to  themselves  a  national  existence,  and 

Colonies.  i  .     t       i    i  i  •      t  • 

were  permanently  and  mdissolubly  uinted  in  one  great 
republican  confederacy  under  the  present  constitution, 
it  is  important  here  to  mark  the  development  of  those 
elements  of  political  relationship  which  originated  and 
fixed  the  federative  supremacy,  while  they  secured  to 
the  states  in  severalty  the  enjoyment  of  their  own  pecu- 
liar and  distinctive  forms  of  government,  administra- 
tion, jurisdiction,  and  independence. 
The  colo-  The  Lcag-ue  of  Union  under  the  martial  manifesto,  by 
under"tlie  "^^^ich  tlic  colonics  Combined  to  resist  the  oppressions 
martial  of  their  parent  state,  needed  a  head  wiierein  to  concen- 
trate its  povrcrs,  and  by  which  its  operations  should  be 
directed  and  controlled.  This  necessity  originated  the 
congress.  When  that  congress  suppressed  "  the  exer- 
cise of  all  authority  under  the  crown  in  America,"  and 
assumed  to  itself  the  prerogatives  of  sovereignty  by  the 
highest  exercise  of  supreme  power,  that  of  declaring 
war,  it  placed  each  of  the  colonies  under  the  necessity 
of  choosing  between  one  of  only  two  alternatives,  viz.. 


THE   UNITED   STATES   OF   AMERICA.  675 

UNDER    THE    DECLARATION    OF    INDEPENDENCE.  I'AHT    IV. 

subjection  to  its  supremacy,  or  dependencij  vpon  Great 
Britain.      To  refuse  cither  was  to  choose  the  other. 
The  assumption  of  independence  was  a  declaration,  not  Colonial 
an  achievement ;    a  declaration  in  confederac^^  not  in       ^^^'^ 
severalty.     Hence  there  was  no  such  thing  as  sovcr- ciguty. 
eiguty  in  any  colony  by  itself.     Indeed  the  idea  of  a 
several  sovereignty  and  independence  had  no  existence 
or  recognition  either  inside  or  outside  of  the  first  fed- 
erative league.     The  true  theory  of  state  rights,  there- 
fore, is  based  not  upon  any  original  or  inherent  sover- Basis  of 
eignty  in  the  colonies,  or  states,  as  severalties  ;  but  on  ^[^[^^ 
the  compact  of  the  confederation,  from  which  alone, 
as  states,  they  derived  their  essential  origin,  independ- 
ence, and  protection. 

This  is  evident  not  only  from  the  date  and  the  form  The  ar- 
of  the  Declaration  of  Independence ;    but  also  from  confcdera- 
the  time  and  the  manner  in  which  the  Articles  of  Con-tion, 

1 778—81 

federation  were  framed  and  became  the  paramount  law 
of  the  federative  union.  To  illustrate  this,  it  becomes 
necessary  to  show,  not  only  that  power  was  conferred 
by  the  several  colonies  upon  their  delegates  in  congress 
to  ratify  those  articles ;  but  also  the  precise  powers 
conferred,  and  the  precise  language  used  in  conveying 
those  powers.  Hence  the  credentials  of  power  in  the  Powers  of 
delegates,  and   their   action   under   them,  become  an  *''^*^  ^^^®" 

gates  to 

important  and  interesting  part  of   our  record ;    and  ratify  the 
hence  I  introduce  them  in  full.  ^^™^- 


New  Hampshire. 
"//I  the  House  of  Representatives,  March  4, 1778.     By  New 

"  The  house  took  into  consideration  the  articles  of  ^^^^ 
confederation  and  perpetual  union  between  tlie  thirteen 
United  States  of  America,  as  agreed  to  by  the  honor- 
able co'ngress  of  said  states,  and  came  to  tlie  following 
resolution  thereon,  viz. : 

"Resolved,  That  we  do  agree  to  said  articles  of  con- 
federation, perpetual  union,  <fec.,  and  do,  for  ourselves 
and  constituents,  engage  that  the  same  shall  be  iuvio- 


676  THE   GOVERNMENTAL   HISTORY   OF 

PaKT    IV.  THE     REVOLUTIONARY    UMON    OF    THE    COLONIES 

The  av-      lably  observed  by  this  state  ;  and  the  delegates  of  this 
!!'LfL°,„.o   state,  for  the  time  beino;,  at  the  cono-ress  aforesaid,  are 

come  CiLi  ti-  '  *— '  •— '  ^ 

tion,  hereby  empowered  and  instructed  to  ratify  the  same  in 

T>         '  c  behalf  of  this  state. 

1  owers  or 

ratifica-  "  Sent  iTp  for  concurrence. 


tion. 


John  Dudley,  Speaker,  pro  tem. 

"In  Council,  the  same  day,  read  and  concurred. 

E.  Thompson,  Secretary. 
"  Copy,  Attest.        Mesech  Weare,  President.''^ 


Massachusetts  Bay. 
^^  Council  Chamber,  Boston,  March  10,  1778. 
By  Massa-      "  Gentlemen :  The  General  Court  of  the  state  of  Mas- 

CllUSGttS 

Bay.  sachusetts  Bay,  having  attentively  considered  the  ar- 

ticles of  confederation  and  perpetual  union  between 
the  United  States  of  America,  recommended  to  our 
attention  by  the  honorable  congress,  do  approve  of  them 
in  general,  as  well  calculated  to  secure  the  freedom, 
sovereignty,  and  independence  of  the  United  States. 

"  Perhaps  no  plan  could  have  been  proposed,  better 
adapted  to  the  circumstances  of  all.  We  therefore,  the 
council  and  house  of  representatives  of  this  state,  in 
general  court  assembled,  do,  in  the  name  and  behalf 
of  the  good  people  of  this  state,  instruct  you,  their  del- 
egates, to  subscribe  said  articles  of  confederation  and 
perpetual  union,  as  they  were  recommended  by  con- 
See  p.  687.  gross,  unless  the  following  alterations,  or  such  as  may 
be  proposed  by  the  other  states,  can  be  received,  and 
adopted  without  endangering  the  union  proposed. 

"  In  the  name  and  behalf  of  the  general  assembly. 
Jeremiah  Powell,  President. 

"  To  the  delegates  of  the  state  of 

Massachusetts  Bay,  in  Congress." 


Bv  Riiode         Rhode  Island  and  Providence  Plantations. 

Piovi-  '^       ^^  At  the  General  Assembly  of  the  governor  and  com- 
cionce        panv   of  thc   state  of  Rhode   Island   and   Providence 

Pliinta-         ■* 

tious.         Plantations;  begun  and  lioldcn  by  adjournment  at  East 


THE   UNITED    STATES   OP   AMERICA.  677 

UNDLR    TUIC    DECLAUATION    OF    INDEPKM-ENCE.  PaP.T    IV. 

Greenwich,  within  and  for  the  state  aforesaid,  on  the  The  aiti- 
second  Monday  in  February,  in  the  year  of  our  Lord  fcTeraUon' 
one  thousand  seven  hundred  and  seventy-eiaht.  i778-8i. 

,,mi  •       »  111-  •  •  T  •  rowers  of 

"  Ihis  Assembly  having  taken  into  consideration  the  ratiika- 
articles  of  confederation  and  perpetual  union  betAveen  ^^^^' 
the  states  of  New  Hampshire,  Massachusetts  Bay,  Rhode 
Island  and  Providence  Plantations,  Connecticut,  New 
York,  New  Jersey,  Pennsylvania,  Delaware,  Maryland, 
Virginia,  North  Carolina,  South  Carolina,  and  Georgia; 
transmitted  by  congress  to  this  state,  and  havhig  had  ?(  ^'?'^*^^, 

•^  °  5  &  Island  and 

them  repeatedly  read;  and  having  maturely  weighed PiovU 
and  most  seriously  deliberated  uiDOn  them,  as   their  p^^^^^jj. 
importance  to  this  and  the  other  states,  and  to  posterity,  ^ions,  Feb. 
deserves ;  and  considering  also  the  pressing  necessity  g^^  '^ 
of  completing  the  union,  as  a  measure  essential  to  the  688. 
preservation  of  the  independence  of  the  said  states,  do 
vote  and  resolve,  and  it  is  noted  and  resolved,  that  the 
honorable  Stephen  Hopkins,  Esq.,  "William  Ellery,  Es- 
quire, and  Henry  Marchant,  Esquire,  the  delegates  to 
represent  this  state  in  congress,  or  any  one  of  them,  be 
and  they  are  hereby  fully  authorized  and  impowered, 
on  the  part  and  behalf  of  this  state,  to  accede  to  and 
sign  the  said  articles  of  confederation  and  perpetual 
union,  in  such  solemn  form  and  manner  as  congress 
shall  think  best  adapted  to  a  transaction  so  important 
to  the  present  and  future  generations;  provided  that 
the  same  be  acceded  to  by  eight  of  the  other  states. 

"And  in  case  any  alterations  in,  or  additions  to,  the 
said  ai'ticles  of  confederation  and  perpetual  union,  shall 
be  made  by  nine  of  the  said  states  in  congress  assem- 
bled, that  the  said  delegates,  or  any  one  of  them  be,  and 
they  are  hereby,  authorized  and  impowered,  in  like 
manner,  to  accede  to  and  sign  the  said  articles  of  con- 
federation and  perpetual  union,  with  the  alterations  and 
additions  that  shall  be  so  made. 

'■'•It  is  further  voted  and  resolved^  that  this  assembly 
will,  and  do  hereby,  in  behalf  of  the  said  state  of  Rhode 
Island  and  Providence  Plantations,  in  the  most  solemn 


678  THE   GOVERNMENTAL    HISTORY   OP 

,  Part  IV.  thk  revolutionary  union  of  the  colonies 

The  arti-  manner,  pledge  the  faith  of  the  said  state,  to  hold  and 
federaUon  Consider  the  acts  of  the  said  delegates,  or  any  one,  in 
1778-81.    go  acceding  to  and  signing  the  said  articles  of  confcde- 

Powera  of  .  ,  ,       i         •  t  t         -,  i  •     t  , 

ratifica-      ration  and  perpctnal  union,  as  valid  and  binding  on  the 

*^*^°-  said  state  in  all  future  time:     And  it  is  further  voted 

and  resolved,  that  a  fair  copy  of  this  act  be  made  and 
authenticated  under  the  public  seal  of  this  state,  with 
the  signature  of  his  excellency,  the  governor,  and  be 
transmitted  to  the  delegates;  and  that  the  same  shall 
be  sufficient  warrant  and  authority  to  the  said  delegates, 
or  any  one  of  them,  for  the  purposes  aforesaid. 
"A  true  copy  duly  examined. 

Henry  Ward,  Secretary/. 

^  Authenticated  by  the 

Governor's  Cert,  and  Seal  of  State." 


Connecticut. 

ByConnec-     "^^  <^  General  Assembly  of  the  governor  and  company 
*'^"^' ?!52^-' of  the  state  of  Connecticut,  holden   at  Hartford,  by 

12th,  1778.  '  '      "' 

adjournment,  on  the  twelfth  day  of  February,  1778: 

"The  articles  of  confederation  and  perpetual  union, 
proposed  by  congress  to  be  entered  into  between  the 
thirteen  United  States  of  America,  being  laid  before 
this  assembly  by  his  excellency,  the  Governor,  were 
read  and  maturely  considered ;  whereupon, 

"  Resolved,  That  the  delegates  of  this  state,  who  shall 
be  present  in  congress,  be,  and  they  are  hereby,  fully 
authorized  and  impowered,  in  behalf  of  this  state,  to 
agree  to  and  ratify  the  said  articles  of  confederation, 
with  such  amendments,  if  any  be,  as  by  them,  in  con- 
junction with  the  delegates  of  the  other  states  in  con- 
gress, shall  be  thought  proper. 

"A  true  copy  of  record,  examined  by 

George  Wyllys,  Secretary^ 


By  New  New  York. 

let^'ma      "The  People  of  the  state  of  New  York,  one  of  the 
United  States  of  America,  by  the  Grace  of  God  free 


THE    UNITED    STATES    OP    AMERICA.  679 


CNDKR  THE  DECLARATION  OF  INDEPENDENCE.  PaKT  IV. 

and  independent,  to  their  brethren  of  the  other  of  tlie  The  arti- 
said  United  States,  in  congress  assembled,  and  to  all  {[.^^"jIj^"^" 
others  who  shall  sec  these  our  letters  patent,  send  greet- 1778-81. 

Powers  of 
l"g:  rutiBca- 

^^  Knoiu  ye,  that  among  tlie  acts  of  our  senate  and*'^"' 
assembly  of  our  said  state,  we  have  inspected  a  certain 
act  of  the  said  senate  and  assembly,  the  tenor  whereof 
is  as  follows,  to  wit: 

"  An  act  of  accession  to  and  approbation  of  certain 
proposed  articles  of  confederation  and  perpetual  union 
between  the  United  States  of  America,  and  to  author- 
ize the  delegates  of  the  state  of  New  York  to  ratify  the 
same  on  the  part  and  behalf  of  this  state,  in  the  con- 
gress of  the  said  United  States. 

"Whereas  the  freedom,  sovereignty,  and  independ- 
ence of  the  said  states;  which,  with  a  magnanimity, 
fortitude,  constancy,  and  love  of  liberty,  hitherto  un- York,  Feb. 
paralleled,  they  have  asserted,  and  maintained  against  ^^^^'  ^''^^* 
their  cruel  and  unrelenting  enemies,  the  king  and  par- 689. 
liament  of  the  realm  of  Great  Britain;  will,  for  their 
lasting  and  unshaken  security,  in  a  great  measure  de- 
pend, under  God,  on  a  wise,  well-concerted,  intimate 
and  equal  confederation  of  the  said   United  States: 
And  whereas,  the  honorable  the  congress  of  the  said 
United  States,  have  transmitted  for  the  consideration 
of  the  legislature  of  this  state,  and  for  their  ratification 
in  case  they  shall  approve  of  the  same,  the  following 
articles  of  confederation,  to  wit:     (^Here  the  articles 
are  recited  verbatim.^ 

"  And  whereas  the  Senate  and  Assembly  of  this  state 
of  New  York,  in  legislature  convened,  have  separately 
taken  the  said  several  articles  of  confederation  into 
their  respective,  most  deliberate,  and  mature  considera- 
tion, and  by  their  several  and  respective  resolutions, 
deliberately  made  and  entered  into  for  the  purpose, 
have  fully  and  entirely  approved  the  same:  In  order j 
therefore,  that  such  approval  may  be  published  and 
made  known  to  the  whole  world,  with  all  the  solemni- 


()80 


THE   GOVERNMENTAL    HI3T0KY   OP 


Part  iV. 


THE    KEVOLUTIONAUY    UNION    OF    TlIK    COLOMI.ri 


The  fti'i!- 

clcs  of  col. 

federation, 

1778-81. 

rowers  of 

liitilica- 

tion. 


IJv  Xcw 
York,  Feb 

l(5tb,  1778- 


Enacting 
clause. 


Proviso. 


ties  of  law,  and  that  all  the  subjects  of  this  state,  and 
others  inhabiting  and  residing  therein  from  time  to 
time,  and  at  all  times  thereafter,  as  long  as  the  said 
confederation  shall  subsist  and  endure,  may  be  bound 
by  and  held  to  the  due  observance  of  the  said  articles 
of  confederation,  as  a  law  of  this  state,  if  the  same 
shall  be  duly  ratified  by  all  the  said  United  States  in 
congress  assembled. 

"5e  it  enacted  and  declared  by  the  people  of  the  state 
■  of  New  York,  rejiresented  in  senate  and  assembly,  and 
it  is  hereby  enacted  by  the  authority  of  the  same,  that 
the  said  several  al)ove  recited  articles  of  confederation, 
and  all  and  singular  the  clauses,  matters  and  things  in 
the  same  contained,  be,  and  the  same  are  hereby  fully 
accepted,  received,  and  approved,  of,  for  and  in  behalf 
of  the  people  of  this  state.  And  to  the  end  that  the 
same  may,  with  all  due  form  and  solemnity,  be  ratified 
and  confirmed  by  this  state  in  congress, 

"5e  it  further  enacted  by  the  authority  aforesaid,  that 
the  delegates  of  this  state,  in  the  said  congress  of  the 
United  States  of  America,  or  any  two  of  the  said  dele- 
gates, shall  be  and  hereby  are,  fully  authorized,  impow- 
ered  and  required,  wholly,  entirely  and  absolutely,  for 
and  in  behalf  of  the  people  of  this  state,  and  in  such 
manner  and  under  such  formalities  as  shall  be  deter- 
mined in  congress,  to  ratify  and  confirm  all  and  every 
of  the  said  above  recited  articles  of  confederation,  and 
all  and  singular  the  clauses,  matters  and  things  in  the 
same  contained;  and  that  an  exemplification  of  this 
act,  tested  by  his  excellency  the  governor  or  the  lieut. 
governor,  or  president  of  the  senate  of  the  state  for  the 
time  being,  administering  the  government,  and  authen- 
ticated with  the  great  seal  of  this  state,  shall  be  full 
and  conclusive  evidence  of  this  act. 

'•'■Provided  alivays,  that  nothing  in  this  act  or  the  said 
above  recited  articles  of  confederation  contained,  nor 
any  act,  matter,  or  thing,  to  be  done  and  transacted  by 
the  delegates  of  this  state  in  congress,  in  and  concern- 


THE   UNITED    STATES   OF   AMERICA .  681 

UNUliR    THE    DKCLARATION    OF    INDEPENDENCE.  PaRT    IV. 

iiig   the  premises  or   any  part   thereof,  shall   bind  orTbcarti- 
obligc,  or  be  deemed,  construed  or  esteemed  to  bind  or  federation 
oblige  the  governor,  legislature,  people,  subjects,  inliubi-  JJ"^~^i-^ 
tants,  or  residents,  of  this  state,  until  the  said  above  mtiiica- 
rocitcd  articles  shall  have  been  duly  ratified  and  con-*'""" 

.  ,  Not  to 

firmed  by,  or  in  behalf  of,  all  the  said  United  States  in  bind  unless 

congress  assembled ;    anything   herein,  or  in  the  said  '^^^^^^^'-^  ^-*y 

above  recited  articles  of  confederation  contained  to  the 

contrary  thereof  in  any  wise  notwithstanding." 

"At  the  bottom  of  which  act  we  find  the  following  By  New 
certificates,  to  wit :  '  In  Senate,  Thursday,  January  ^^l^  'I'vi^. 
29th,  1778.  This  bill  having  been  read  the  third 
time.  Resolved  that  the  bill  do  pass.  By  order  of  the 
senate,  Pierre  Van  Coiirtlandt,  president. — In  assem- 
bly, Tuesday,  February  3d,  1778.  This  bill  having 
been  read  three  times,  Resolved,  that  the  bill  do 
pass.  By  order  of  the  assembly,  Waller  Livingston, 
speaker.' 

"  And  on  the  back  of  said  bill  we  find  the  following 
endorsement  in  writing,  to  wit :  '  In  the  council  for  Act  of  the 
revising  all  bills  about  to  be  passed  into  laws  by  the  revision^ 
legislature  of  the  state  of  New  York,  on  Friday,  the 
6th  day  of  February,  1778,  Resolved,  that  it  does  not 
appear  improper  to  this  council  that  the  bill  entitled 
'  An  act  of  accession  to  and  approbation  of  certain  pro- 
posed articles  of  confederation  and  perpetual  union 
between  the  United  States,  should  become  a  law  of  this 
state.     Georg-e  Clinton.^" 

"  In  testimony  whereof,  we  the  said  people  of  the  Witness, 
state  of  New  York  have  caused  the  said  act  of  our  said 
senate  and  assembly  to  be  exemplified  by  these  pres- 
ents, and  our  great  seal  of  our  said  state  to  be  here- 
unto appended.  Witness  our  trusty  and  well  beloved 
George  Clinton,  Esq.,  our  governor  of  our  said  state, 
general  and  commander-in-chief  of  all  the  militia,  and 
admiral  of  our  navy  of  the  same,  the  sixteenth  day  of 
February,  in  the  second  year  of  our  independence  and 


682 


THE   GOVERNMENTAL    HISTORY   OP 


Part  IV. 


THE    RKVOLUTIONARY    UNION    OF    THE    COLONIES 


The  ar-      sovereii^nty,  and  in  the  year  of  our  Lord  one  thousand 

tides  of  1  1       T  1 

confedera-  scvcn  hundrcu  and  seventy-eight. 

5'°^^_gj  George  Clinton. 

Powers  of      By  his  excellency's  command, 

liol,^^'  Richard  Hatfield,  Secretary.''^ 


By  Penn 
sylvania, 
March 
5,  1778. 


Pennsylvania. 

'■^Tlie  Representatives  of  the  freemen  of  the  common- 
wealth of  Pennsylvania,  in  general  assembly  met,  to 
the  honorable  Benjamin  Franklin,  Doctor  of  Laws ; 
Robert  Morris,  Esquire  ;  Daniel  Roberdeau,  Esquire  ; 
Jonathan  B.  Smith,  Esq.  ;  James  Smith,  Esquire,  of 
York  Town  ;  William  Clingan,  Esquire  ;  Joseph  Read, 
Esquire ;  delegates  for  the  said  commonwealth  in 
the  congress  of  the  United  States  of  America,  send 
greeting : 
Preamble.  '■'■Knoiv  yc^  that  we  the  said  representatives,  having 
taken  into  our  most  serious  and  weighty  consideration 
and  deliberation,  the  articles  of  confederation  between 
the  states  of  (naming  them)  lately  transmitted  to  us 
by  the  honorable  Henry  Laurens,  Esquire,  president  of 
the  said  congress,  do  by  this  present  instrument,  signed 
by  our  speaker,  and  sealed  with  the  seal  of  the  laws  of 
this  commonwealth,  accede  to,  ratify,  confirm,  and 
aeree  to  the  said  articles ;  which  said  articles  are  as 
follows  to  wit :  (Here  the  articles  are  recited  verba- 
tim.) '■''And  ive,  the  said  representatives,  do  hereby 
authorize,  empower,  require  and  enjoin  you,  the  said 
Benjamin  Franklin,  Robert  Morris,  Daniel  Roberdeau, 
Jonathan  B.  Smith,  James  Smith,  William  Clingan, 
and  Joseph  Read,  or  any  two  of  you,  in  the  name  of 
the  said  commonwealth  of  Pennsylvania,  to  accede  to, 
ratify,  confirm,  and  agree  to  the  said  articles  of  con- 
federation. In  testimony  whereof  we  have  caused  the 
seal  of  the  laws  of  Pennsylvania  to  be  hereunto  affixed, 
in   general   assembly   at  Lancaster,  the   fifth   day  of 


THE   UNITED    STATES   OF   AMERICA.  683 


UNDER    THE    DECLARATION    OF    INDEPENDENCE.  PaIIT    IV. 

March,  in  the  year  of  our  Lord  one  thousand  seven  Articles  of 
hundred  and  seventy-eight.  Zt^^'"" 

(l.  s.)  John  Bayaed,  Speaker."     i778-8i. 

Powers  of 

ratiiica- 

Virginia.  *^°"- 

"J«  General  Assemble/,  December  15,  1777. 

"Resolved,  nemine  contradicente,  that  a  speedy  ratifi- 
cation of  the  articles  of  confederation  between  tlie 
United  States  of  America,  will  confound  the  devices 
of  their  foreign,  and  frustrate  the  machinations  of  their 
domestic,  enemies ;  encourage  their  firm  friends,  and  By  Virgin- 
fix  the  wavering;  constitute  much  to  the  support  of^l^^^^1^^J^J^ 
their  public  credit  and  the  restoration  of  the  value  of 
their  paper  money ;  produce  unanimity  in  their  coun- 
cils at  home,  and  add  weight  to  their  negotiations 
abroad ;  and  completing  the  independence  of  their 
country,  establish  the  best  foundation  of  its  prosperity. 

"Resolved,  nemine  contradicente,  that  the  articles  of 
confederation  and  perpetual  union,  proposed  by  con- 
gress the  7th  day  of  November  last,  between  the  states 
of  New  Hampshire,  &c.,  (naming  them) — and  referred 
for  approbation  to  the  consideration  of  the  several  leg- 
islatures of  the  said  states,  be  approved  and  ratified  on 
the  part  of  this  commonwealth,  and  that  our  delegates 
in  congress  be  accordingly  authorized  and  instructed 
to  ratify  the  same,  in  the  name  and  on  the  behalf  of 
this  commonwealth,  and  that  they  attend  for  that  pur- 
pose on  or  before  the  tenth  day  of  March  next. 
Archibald  Gary,  Speaker  of  the  senate. 
G.  Wythe,  Speaker  of  the  house  of  delegates." 


North  Carolina. 
^■^ State  of  North  Carolina: 

In  Senate,  25ih  of  April,  1778.     ^    ^^^^^ 
"To  his  excellency,  Richard  Caswell,  Esquire,  Cap- Carolina, 
tain-General,  Governor,  and  Commander-in-Chief,  &c.,  f-f^'  ^^^^' 
&c.,&c.: 


684 


THE   GOVERNMENTAL   HISTORY   OF 


Pakt  IV. 


THE  REVOLUTIONARY  UNION  OF  THE  COLONIES 


The  ar- 
ticles of 
coniedera- 
tion, 
1778-81. 
Powers  of 
ratifica- 
tion. 


"  Sir:  The  hvo  houses  of  the  general  assembly  have 
taken  into  consideration  the  confederacy  proposed  to 
the  United  States  by  the  continental  congress,  and  have 
unanimously  acceded  thereto  ;  and  request  your  excel- 
lency will  be  pleased  to  inform  the  president  of  the 
Continental  Congress  thereof  by  the  earliest  opportunity. 

Whitmill  Hill,  s.  s. 


John  Williams,  s.  c. 


By  order,  J.  Sitgreaves,  c.  s. 


177S. 


South   Carolina. 
"irt  General  Assembl/j,  the  ^th  day  of  Feb.,  1778. 
"  Eesolved,  Nemine  contradicente,  that  the  delegates 
By  South   q£  ^|j|g  gtate  in  the  continental  congress,  or  any  three 

Carolina,  °  ^  •' 

Feb.  -itii,  of  them,  be  and  they  are  hereby  authorized,  on  the 
part  of  this  state,  to  agree  to  and  ratify  articles  of  con- 
federation between  the  United  States  of  America. 

"  Ordered,  That  the  foregoing  resolution  be  sent  to 
the  honorable  the  legislative  council  for  their  concur- 
rence, and  to  his  excellency  the  president  for  his  assent. 
By  order  of  the  house, 

Thomas  Bee,  Speaker.'^ 

^'-  Li  the  Legislative  Council,  tha  5th  day  of  February, 
1778 :  Read  the  foregoing  resolution  of  the  General 
Assembly. 

"  Resolved,  That  this  house  do  concur  with  the  gen- 
eral assembly  in  the  said  resolution. 

"  Ordered,  That  it  be  sent  to  his  excellency  the  presi- 
dent for  his  assent. 

"Assented  to,  February  5th,  1778. 

J.  Rutledge,  President. 
*'By  order  of  the  house, 

Hugh  Rutledge,  ^peaker.''^ 


By 

Georgia. 


Georgia. 
''House  of  Assembly,  Thursday,  Feb  26,  1778. 
"The  house  resolved  itself  into  a  committee  of  the 


THE    UNITED    STATES    OP    AMERICA.  685 

PaKT  IV.         UNDER  THE  DECLARATION  OF  INDEPENDENCE. 

whole  house,  to  take  into  consideration  the  articles  of  The  aiti- 
con federation  and  perpetual  union,  and  after  some  time  j^ j''^.°*^'jy|J' 
spent  therein,  Mr.  Speaker  resumed  the  chair,  and  Mr.  1778-81. 
Whitcfield  from  the  committee  of  the  whole  I'^^ported,  ^'^^Jl]^^^/'^ 
they  had  taken  the  said  articles  into  consideration,  and  lio"- 
gone  through  the  same,  and  made  several  amendments 
thereto,  which  were  read  and  agreed  to. 

"Resolved,  Tliat  the  delegates  for  this  state  be  au-By  Geor- 
thorized  and  required  to  lay  before  the  general  congress  Hf'^^^sl 
of  the  United  States  the  several  alterations  proposed  and 
agreed  upon  by  this  house  this  day  in  the  articles  of 
confederation,  and  that  they  do  use  their  exertions  to 
have  such  alterations  agreed  to  and  confirmed  in  con- 
gress. 

"  Resolved,  That  in  case  all,  or  none,  of  such  altera- 
tions shall  be  agreed  to  and  confirmed  in  congress,  that 
then  and  notwithstanding,  they  be  empowered  and 
required,  in  behalf  of  this  state,  to  sign,  ratify,  and 
confirm  the  several  articles  of  confederation  recom- 
mended to  the  respective  legislatures  of  the  United 
States  by  congress,  or  any  other  plan  of  a  general  con- 
federation which  shall  be  agreed  upon  by  nine  of  the 
United  States.         Extract  from  the  Minutes. 

George  Cuthbert,  C/e>•^^" 


Before  we  proceed  farther  with  the  history  of  the  rati-  Report  of 
fication  of  the  articles  of  confederation,  it  is  important  lates*^in" 
to  observe,  that  it  was  not  a  union  of  the  colonies  or  congress, 
states  which  was  now  proposed  by  the  congress,  or  acted 
upon  by  the  people  through  their  several  legislatures. 
Nor  was  the  appeal  made  to  them  to  become  members 
of  a   Federal  League.    That  they  were  already  united 
was  conceded  in  all  these  credentials  ;  and  their  federal 
dependencies   were   fixed  by  their  union.     They  had 
already  submitted  to  the  supremacy  of  tlie  congress  as 
the  general  governing  power,  and  were  iiow  acting  uii- Preiimiaa 
der  a  recognition  of  its  autlioritv,  without  its  having 'T  '"'''• 

T       •   1  r»    1  *  -1  n  marks. 

been  invested  with  any  oi  the  attributes  of  sovereignty 


686 


THE   GOVERNMENTAL   HISTORY   OF 


Part  IV. 


THE    REVOLUTIONAUY    UNION    OF    THE    COLONIES 


The  arti- 
cles of  con- 
federation, 

1778-81. 


The  propo- 
gition  in- 
volved 
therein. 


Reports 
from  the 
colonies 
called  for. 


Report 
from  Mary- 
land, June, 
1778. 


independently  of  that  their  colonial  union.  The  propo- 
sition contained  in  the  articles  of  confederation  there- 
fore, was,  simply,  a  proposition  to  make  that  union  per- 
petual. The  compact  proposed  was  a  compact  for  per- 
petuity, and  in  that  compact  there  was  no  proposition 
for  a  disseverance  or  repudiation  of  their  depend- 
ency upon  the  national  government.  By  acceding  to 
it,  they  did  not  accede  to  a  union  of  the  colonies,  or, 
as  they  were  now  called,  states  ;  but  thereby  they  were 
to  agree  that  the  union  already  existing  should  be  made 
perpetual  and  irrevocable.  By  this  act  they  added 
nothing  to  the  supremacy  of  the  congress  as  a  govern- 
ing power  which  it  did  not  already  possess  ;  and  they 
ceded  nothing  over  which  themselves  could  claim,  in 
severalty,  sovereignty  or  supremacy.  Outside  of  the 
league  of  union  they  were,  every  one  of  them,  but  de- 
pendencies upon  the  crown  of  Great  Britain  ;  and  had 
never  been  anything  else.  The  compact  itself  created 
and  secured  for  each  colony  while  in  the  union,  a  sov- 
ereignty and  independence  which  it  had  not,  and  could 
not  have,  independently  of  the  union.  But  the  orig- 
inal compact  was  temporary,  and  was  not  made  per- 
petual without  objections ;  consequently  it  is  impor- 
tant to  consider  what  effect,  if  any,  the  objections  urged 
had  upon  its  terms  or  its  construction  as  finally  rati- 
fied. 

On  the  twenty-second  day  of  June,  1778,  on  motion, 
it  was  "  Resolved,  that  the  delegates  of  the  states,  be- 
ginning with  New  Hampshire,  be  called  upon  for  the 
report  of  their  constituents  upon  the  confederation, 
and  the  powers  committed  to  them,  and  that  no  amend- 
ments .be   proposed  but  such  as  came  from  a  state." 

The  congress  were  proceeding  to  act  under  this  reso- 
lution, when  the  delegates  from  Maryland  asked  leave 
to  read  before  the  house  certain  instructions  which  they 
had  just  received  from  their  constituents,  and  7noved, 
that  the  objections  from  that  colony  to  the  articles  of 
confederation  be  immediately  taken  up  and  considered 


THE   UNITED    STATES   OF   AMERICA.  G87 


UNDER    THE    DECLARATION    OF    INDEPENDENCE.  PaRT    I\  . 


by  congress,  that  the  delegates  from  that  state  might  The  aiti- 
transmit,  with  all  possible  dispatch,  the  determination  federatiou 
of  congress  on  those  objections.  '"  ^°°" 

This  motion  being  resolved  in  the  affirmative,  it  was  1778-8I. 
then  moved  in  behalf  of  Maryland,  viz. :  Reports 

,,  ■,  from  the 

"In  Article  4,  strike  out  the  word  "paupers,  and eoionies. 
after  the  words,  "  or  cither  of  them,"  insert  "  that  one 
state  shall  not  be  burthcned  with  the  maintenance  of 
the  poor  who  may  remove  into  it  from  any  of  the  others 
in  the  union."  The  question  being  put,  was  passed  in 
the  negative,  one  state  only  answering  aye. 

Another  amendment  was  moved  in  behalf  of  Mary- Report 
land,  '■'•Article  8,"  After  the  words  "  granted  to  or  sur-j™"\    ^ 
veyed  for,"  insert  "  or  which  shall  hereafter  be  granted  June  1778. 
to  or  surveyed  for  any  person."     The  question  being 
put,  passed  in  the  negative,  4  ayes,  8  noes. 

A  third  amendment  w^as  then  moved  in  behalf  of 
Maryland. 

'■'■Article  9.  After  the  words  '  shall  be  deprived  of 
territory  for  the  benefit  of  the  United  States,'  insert 
'the  United  States  in  congress  assembled  shall  have 
the  power  to  appoint  commissioners,  who  shall  be  fully, 
authorized  and  impowered  to  ascertain  and  restrict  the 
boundaries  of  each  of  the  confederated  states  which 
claim  to  extend  to  the  river  Mississippi,  or  South  Sea.' 
After  debate,  the  yeas  and  nays  being  called  by  Mr. 
Marchant  of  Rhode  Island,  it  was  decided  in  the  nega- 
tive." 

The  congress  now  proceeded  to  call  on  the  delegates  Report 
from  the  several  states,  pursuant  to  the  previous  reso-  C™'"  ^^^ 

Hanin- 

lution,  when  the  delegates  from  New  Hampshire  stated,  shire.June, 
that  that  state  had,  in  their  general  assembly,  agreed  ■^'^^^" 
to  the  articles  of  confederation  as  they  now  stand,  and 
had  impowered  their  delegates  to  ratify  the  same  in 
behalf  of  that  state. 

The  delegates  from  Massachusetts  Bay  being  called  Report 
on,  read  sundry  objections  transmitted  to  them  ])y  their  I'^Xi^etts 
constituents  to  the  articles  of  confederation,  and  there- ^^7- 


688  THE   GOVERNMENTAL    HISTOllY    OP 

Part  iV.  the  kkvolltionaky  union  of  the  colonies 

The  arti-  iipoii  moved  in  behalf  of  their  state, "  1st :  that  the  ei"-hth 
fedeStioa"  ^^^^^'^^  ^^  rccoiisidered,  so  far  as  relates  to  the  criterion 
ill  ecu-  fixed  on  for  settling  the  proportion  of  taxes  to  be  paid 
iS-si;  ^y  each  state,  that  an  amendment  may  be  made  so 
Reports  that  the  rule  of  apportionment  may  be  varied  from  time 
colouies.  to  time,  by  congress,  until  experience  shall  have  showed 
what  rule  of  apportionment  will  be  most  equal  and  con- 
sequently most  just.  Motion  lost,  ai/es,  2,  noes,  8. 
Report  2nd.     That  the  Jifth  section  of  the  ninth  Article  be 

sachusetts  rcconsidcred  so  far  as  relates  to  the  rule  of  apportion- 
Bay,  June,  jj^g  i\-^q  number  of  forces  to  be  raised  by  each  state  on 
the   re<iuisition  of  congress.     Motion  lost,  3  a//es,  1 
noes. 

Srd.     That  the  sixth  section  of  the  ninth  Article  be 

reconsidered  so  far  as  it  makes  the  assent  of  nine  states 

necessary  to  exercise   the   powers  with  which  congress 

are  thereby  invested.     Motion  lost. 

Report  '^^16  delegates  from  Rhode    Island,  being  called  on, 

from  produced  instructions  from  their  constituents,  and  there- 

Rhode  Lsl-  i  -,     ,       ^  ■,,       •  -,  . 

and.  fore  moved  the  following  amendments  : 

See  p.  667.  a  igf^  ^  i\\Q  fifth  Article,  after  the  word  "  two,"  insert 
".members, unless  by  sickness,  death  or  any  other  una- 
voidable accident,  but  one  of  the  members  of  a  state 
can  attend  congress,  in  which  case  each  state  may  be 
represented  in  congress  by  one  member  for  the  space 
of  mouths."     Motion  lost,  1  aye,  9  noes. 

"  2nd.  In  the  eighth  Article,  at  the  end  of  the  second 
paragraph,  after  the  words,  "  for  the  benefit  of  the 
United  States,"  add  "  provided,  nevertheless,  that  ail 

Public  lands  within  those  states,  the  property  of  which  before 
the  present  war  was  vested  in  the  crown  of  Great  Britain, 
or  out  of  which  revenues  from  quit-rents  arise,  paya- 
ble to  the  said  crown,  shall  be  deemed,  taken,  and  con- 
sidered as  the  property  of  these  United  States,  and  be 
disposed  of  and  appropriated  by  congress  for  the  benefit 
of  the  whole  confederacy,  reserving,  however,  to  the 
states,  within  whose  limits  such  crown  lands  may  be, 


domain. 


THE   UNITED    STATES   OF   AMERICA.  689 

UNDER    THE    DECLARATION    OF    INDEPENDENCE.  PaRT    IV. 

the  entire  and  complete  jurisdiction  thereof.     Motion  The  arti- 
passcd  in  the  negative,  1  aye,  8  noes.  fede^aS" 

The  delegates  from  Connecticut  being  called  on,  pro- in  con- 
duced instructions,  and  thereupon  moved  the  following  1778-8I. 
amendments :  "  1st.  In  the  eighth  Article,  after  the  words  Reports 
"in  proportion  to,"  strike  out  what  follows  to  the  end  colonies* 
of  the  sentence,  and  in  lieu  thereof  insert  "  the  num-  Report 
ber  of  inhabitants    in  each   state."     Motion  passed  in  n7c?icut°* 
the  negative,  3  ayes,  9  noes.''  June.iVYS. 

"  2nd.  In  the  ninth  Article,  at  the  end  of  i\\Q  fifth  para-  dentkL' 
graph,  add  the  words  following :  "  provided  that  no  ante, 
land-army  shall  be  kept  up  by  the  United  States  in  time 
of  peace,  nor  any  officers  or  pensioners  kept  in  pay  by 
them,  who  are  not  in  actual  service,  except  such  as  are, 
or  may  be,  rendered  imable  to  support  themselves  by 
wounds  received  in  battle  in  the  service  of  the  said 
states,  agreeably  to  the  provisions  already  made  by  a 
resolution  of  congress."  Motion  passed  in  the  nega- 
tive, 1  aye,  11  noes.'" 

The  delegates  of   New-York  being   called  on,  pro- Report 
duced,  under  the  great  seal  of  their  state,  an  exempli- y^™^^^ 
fication  of  an  act  of  the  legislature  thereof,  ratifying  1778. 
the  articles  of  confederation  as  passed  by  congress,  with  '^^^  ?'"f' 

^  ./  D  7  dentials, 

a  proviso  that   the    same    shall  not  be  binding  on  the  aute, 
state  until  all  the  other  states  in  the  union  ratify  the  ^" 
same. 

The  delegates  from  New-Jersey  being  called  on,  laid  Report^ 
before  congress  a  representation  of  the  Legislative  Coun- jersej. 
cil  and  General  Assembly  of  their  state  respecting  the 
articles  of  confederation,  as  follows : 

"  To  the  United  States  in  congress  assembled :  The  Ropre- 
reprcscntation  of  the  legislative  council  and  general  ^"^'^  ^ '^"' 
assembly  of  tlie  state  of  New  Jersey,  showeth ;  that 
the  articles  of  confederation  and  perpetual  union,  be- 
tween the  states  of  New  Hampshire,  &c.,  (naming 
them)  proposed  by  the  honorable  the  congress  of  the 
said  states,  severally  for  their  consideration,  have  been 
44 


690  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  revolutionary  union  of  the  colonies 

The  arti-    fully  and  attentively  considered,  on  which  we  beg  leave 
l^Slir  to  remark,  as  ibllo;s: 

in  con-  First.  In  the  fifth  Article^  where,  among  other  tilings, 

ivvs-si.    the   qualifications  of  the   delegates   from   the   several 
Reports     states  are  described,  there  is  no  mention  of  any  oath, 
colonies^    test,  or  declaration,  to  be  taken  or  made  by  them  pre- 
Rcport      vious  to  their  admission  to  seats  in  congress.     It  is,  in- 
Jersey  ^^  deed,  to  be  presumed  the  respective  states  will  be  care- 
ful that  the  delegates  they  send  to  assist  in  managing 
the  general  interests  of  the  union,  take  the  oaths  to  the 
government  from  which  they  derive  their  authority, 
but  as  the  United  States,  collectively  considered,  have 
interests  as  well  as  each  particular  state,  we^  are  of  opin- 
ion that   some  test  or  obligation,  binding  upon  each 
delegate  while  he  continues  in  the  trust,  to  consult  and 
As  to  oatli  pursue   the   former  as  well  as  the  latter,  and  particu- 
of  office.    \.^y\y  to  assent  to  no  vote  or  proceeding  which  may  vio- 
late the  general  confederation,  is  necessary.     The  laws 
and  usages  of  all  civilized  nations  evince  the  propriety 
of  an  oath  on  such  occasions,  and  the  more  solemn  and 
important   the  deposit,  the  more  strong  and  explicit 
ought  the  obligation  to  be. 
As  to  the        '■'■Second.     By  the  sixth  and  ninth  Articles,  tho  regu- 
oArade!"  latiou  of  trade  seems  to  be  committed  to  the  several 
states  within  their  separate  jurisdictions  in  such  a  de- 
gree as  may  involve  many  difficulties  and  embarrass- 
ments, and  be  attended  with  injustice  to  some  states  in 
the  union  :  We  are  of  opinion  that  the  sole  and  exclu- 
sive power  of  regulating  the  trade  of  the  United  States 
with  foreign  nations,  ought  to  be  clearly  vested  in  the 
congress  ;   and  that  the  revenue  arising  from  all  duties 
and  customs  imposed  thereon  ought  to  be  appropriated 
to  the  building  equipping  and  manning  a  navy,  for  the 
protection  of  the  trade  and  defence  of  the  coasts,  and 
to  such  other  public  and  general  purposes  as  to  the 
congress  shall  seem  proper,  and  for  the  common  benefit 
of  the  states.     This  principle  appears  to  us  to  be  just, 
and  it  may  be  added  that  a  great  security  will  by  this 


THE  UNITED   STATES   OF   AMERICA.  691 

UNDER    THE    DECLARATION    OF    INDtPKNDKNCK.  I'.WVV    IV. 

means  be  derived  to  the  union  from  the  establishment  Tlie  arti- 
of  a  common  and  mutual  interest.  cies  of 

coiilouera- 

"  Third.     It  is  wisely  provided  in  the  sixth  Article,  tion  ia 
that  no  body  of  forces  shall  be  kept  up  by  any  state  in  i^^sig'f.' 
time  of   peace,  except   such  number  only  as  in    the  Reports 
judgment  of  the  United  States  in  congress  assembled,  cXni*^ 
shall  be  deemed  requisite  to  garrison  the  forts  neces- 
sary for  the  defence  of  such  states :  We  think  it  ought  Report 
also  to  be  provided  and  clearly  expressed,  that  no  'jody  j^^™^^^ 
of  troops  be  kept  up  by  the  United  States  in  time  of 
peace,  except  such  number  only  as  shall  be  allowed  by 
the  assent  of  nine  states.     A  standing  army,  a  military 
establishment,  and  every  appendage  thereof,  in  time 
of  peace,  is  totally  abhorrent  from  the  ideas  and  prin- 
ciples of  this  state.     In  the  memorable  act  of  congress.  As  to  a 
declaring  the  united  colonies  free    and   independent  ^^!^'°^ 
states,  it   is    emphatically   mentioned  as   one   of   the 
causes  of  separation  from  Great  Britain,  that  the  sov- 
ereign thereof  had  kept  up  among  us,  in  time  of  peace, 
standing  armies  without  the  consent  of  the  legislatures. 
It  is  to  be  wished  the  liberties  and  happiness  of  the 
people  may,  by  the  confederation,  be   carefully  and 
explicitly  guarded  in  this  respect. 

^^ Fourth.     On  t\\Q  eighth  Article -we  observe,  that  as  as  to  the 
frequent  settlements  of  the  quotas  for  supplies  and  ■^"^*^'"^"* 

•  1  i/»'i  1  •  ^f  quotas. 

aids  to  be  furnished  by  the  several  states,  in  support 
of  the  general  treasury,  will  be  requisite,  so  they  ought 
to  be  secured.  It  cannot  be  thought  improper  or  un- 
necessary to  have  them  struck  once  at  least  in  every 
five  years,  and  oftener  if  circumstances  will  allow. 
The  quantity  or  value  of  real  property  in  some  states 
may  increase  much  more  rajjidly  tlian  in  others,  and 
therefore  the  quota  which  is  at  one  time  just,  will  at 
another  be  disproportionate. 

^^ Fifth.     The   boundaries   and  limits  of  each   state  As  to  the 
ought  to  be  fully  and  finally  fixed  and  made  known,  ^f  "t^t^"^^ 
This  we  apprehend  would  be  attended  with  very  salu- 
tary effects  by  preventing  jealousies  as  well  as  contro- 


692  THE   GOVERNMENTAL    HISTORY   OP 


Part  IY.  the  rkvolutionary  union  of  the  colonies 

The  arti-  versies,  and  promoting  harmony  and  confidence  among 
confetleia-  ^^^^  ^statcs.  If  tliG  circumstancGs  of  the  times  Avonkl 
tioii  in  not  admit  of  this,  previous  to  the  proposal  of  the  con- 
1778-81.'  federation  to  the  several  states,  the  establishment  of 
Reports  the  principles  upon  which,  and  the  rule  and  mode  by 
coTouiVs!  which,  the  determination  miglit  be  conducted,  at  a  time 
more  convenient  and  favorable  for  dispatching  the 
Report  same  at  an  early  period,  not  exceeding  five  years  from 
jTi^cv  *^^  the  final  ratification  of  the  confederation,  would  be 
satisfactory. 

^^ Sixth.     The  ninth  Article  provides,  that  no   state 
shall  be  deprived  of  territory  for  the  benefit  of  the 
United  States;  whether  we  are  to  understand,  that  by 
territory  is  intended  any  land,  the  property  of  which 
was  heretofore  vested  in  the  crown  of  Great  Britain : 
or  that  no  mention  of  such  land  is  made  in  the  confed- 
eration, we  are  constrained  to  observe,  that  the  present 
war,  as  we  always  apprehended,  was  undertaken  for 
the  general  defence  and  interest  of  the  confederating 
colonies,  now  the  United  States. 
As  to  dis-       "It  was  ever  the  confident  expectation  of  this  state, 
orpubUc    ^^^^^  ^^^°  benefits  derived  from  a  successful  contest  were 
domain,      to  bc  general  and  proportionate  ;  and  that  the  property 
of  the  common  enemy,  falling   in  consequence   of  a 
prosperous  issue  of  the  war,  would  belong  to  the  Uni- 
ted States,  and  be  appropriated  to  their  use :  We  are 
therefore  greatly  disappointed  in  finding  no-  provision 
made  in  the  confederation  for  empowering  the  congress 
\  to  dispose  of  such  property  ;  but  especially  the  vacant 

'  and    unpatented   lands,  commonly    called   the   crown 

lands,  for  defraying  the  expenses  of  the  war,  and  for 
such  other  public  and  general  purposes.  The  jurisdic- 
tion ought  in  every  instance  to  belong  to  the  respective 
states  within  the  charter  or  determined  limits  of  which 
such  lands  may  be  seated  ;  but  reason  and  justice  must 
decide,  that  the  property  which  existed  in  the  crown 
of  Great  Britain,  previous  to  the  present  revolution, 
ought  now  to  belong  to  the  congress  in  trust  for  the 


THE   UNITED    STATES   OP   AMERICA.  693 

UNDER    THE    DECLARATION    OF    INDEPENDENCE.  I'AKT   IV. 

use    and   benefit  of  the  United  States.     They  have  xiic  arti- 
foiidit  and  bled  for  it,  in  proportion  to  their  respective  ^''"^^."^ 
abilities,  and  therefore  the  reward  ought  not  to  be  prc-tiou  in 
dilectionally  distributed.  nST.' 

"  Shall  such  states  as  are  shut  out  by  situation  from  Reports 
availing  themselves  of  the  least  advantage  from  this  ^.™iJ^|j[gg® 
quarter,  be  left  to  sink  under  an  enormous  debt,  while 
others  are  enabled,  in  a  short  period,  to  replace  all 
their  expenditures  from  the  hard  earnings  of  the  whole 
confederacy  ? 

'■'■  Seventh.  The  ninth  Article  also  provides  that  the 
requisition  for  the  land  forces  to  be  furnished  by  the  Report 
several  states  shall  be  proportioned  to  the  number  of  je^rTey.'^^ 
ichite  inhabitants  in  each.  In  the  act  of  Independence 
we  find  the  following  declaration :  '  We  hold  these 
truths  to  be  self-evident,  that  all  men  are  created 
equal ;  that  they  are  endowed  by  their  Creator  with  As  to  land 
certain  inalienable  rights,  among  which  are  life,  liberty,  ^^'^^^' 
and  the  pursuit  of  happiness :  " — of  this  doctrine  it  is 
not  a  very  remote  consequence,  that  all  the  inhabitants 
of  ctery  society,  be  the  colour  of  their  com})loxion 
what  it  may,  are  bound  to  promote  the  interest  thereof, 
according  to  their  respective  abilities.  They  ought, 
therefore,  to  be  brought  into  the  account  on  this  occa- 
sion. But  admitting  necessity  or  expediency  to  justify 
the  refusal  of  liberty  in  certain  circumstances,  to  per- 
sons of  a  particular  colour,  we  think  it  unequal  to 
reckon  upon  such  in  this  case.  Should  it  be  improper, 
for  special  local  reasons,  to  admit  them  in  arms  for  the 
defence  of  the  nation,  yet  wo  conceive  the  proportion 
of  forces  to  be  embodied  ought  to  be  fixed  according 
to  the  whole  number  of  inhabitants  in  the  state,  from 
whatever  class  they  may  be  raised. 

"If  in  the  whole  number  of  inhabitants,  in  a  state 
whose  inhabitants  are  all  whites,  both  those  who  are 
called  into  the  field  and  those  who  remain  to  till  the 
ground,  and  labor  in  mechanical  arts  and  otherwise,  are 
reckoned  in  the  estimate  for  strikmg  the  proportion  of 


694 


THE  GOVERNMENTAL    HISTOEY   OF 


Part  IV. 


THE    REVOLUTIONAUY    UNION    OF    THE    COLONIES 


The  arti- 
cles of 
confedera- 
tion in 
congress, 
1778-81. 
Reports 
from  the 
colonics. 


Report 
from  New 
Jersey. 


As  to 
census. 


Consent 
of  nine 
states. 


Motion  on 
the  report, 

See  p.  TOS, 


forces  to  be  furnished  by  that  state,  ought  even  a  part 
of  the  latter  description  to  be  left  out  in  another  ?  As 
it  is  of  indispensable  necessity  in  every  war,  that  a 
part  of  the  inhabitants  be  employed  for  the  uses  of 
husbandry  and  otherwise  at  home,  while  others  are 
called  into  the  field,  there  must  be  the  same  propriety 
that  others  of  a  different  colour,  who  are  employed  for 
this  purpose  in  one  state,  while  whites  are  employed 
for  the  same  purpose  in  another,  be  reckoned  in  the 
account  of  the  inhabitants  in  the  present  instance. 

^'■Eighth.  In  order  that  the  quota  of  troops  to  be 
furnished  in  each  state,  on  occasion  of  a  war,  may  be 
equitably  ascertained,  we  are  of  opinion,  that  the  in- 
habitants of  the  several  states  ought  to  be  numbered 
as  frequently  as  the  nature  of  the  case  will  admit,  and 
once  at  least  every  five  years.  The  disproportioned 
increase  in  the  population  of  different  states  may  ren- 
der such  provision  absolutely  necessary. 

'"'■  Ninth.  It  is  provided  in  the  ninth  Article,  that  the 
assent  of  nine  states  out  of  the  thirteen  shall  be  neces- 
sary to  determine  in  sundry  cases  of  the  highest  con- 
cern. If  this  proportion  be  proper  and  just,  it  ought 
to  be  kept  up  should  the  states  increase  in  number, 
and  a  declaration  thereof  be  made  for  the  satisfaction 
of  the  union. 

"  That  we  think  it  our  indispensable  duty  to  solicit 
the  attention  of  congress  to  these  considerations  and 
remarks,  and  to  request  that  the  purport  and  meaning 
of  them  be  adopted  as  part  of  the  general  confedera- 
tion ;  by  which  means  we  apprehend  the  mutual  inter- 
ests of  all  the  states  will  be  better  secured  and  pro- 
moted ;  and  that  the  legislature  of  this  state  will  then 
be  justified  in  ratifying  the  same. 

"  Whereupon  it  ivas  moved,  that  the  several  articles 

■  in  the  confederation,  referred  to  in  the  foregoing  rep- 

■  resentation,  be  so  far  re-considered  as  to  admit  the 
purport  and  meaning  of  the  additions,  alterations,  and 
amendments,  proposed  in  the  said  representation : 
Passed  in  the  negative,  3  ayes,  6  noes,  1  divided : 


THE   UNITED    STATES   OF   AMERICA.  695 

UNDER    THE    DECLAUATION    OP    INDEPENDENCE.  PaRT    IV. 

The  delegates  from  Pennsylvania  being  next  called  The  ar- 
on,  moved    the    following   amendments  in   behalf  of  eouledcra- 
their  state  :  tion  in 

congress, 

"  First.  In  the  first  paragraph  of  the  fifth  Article,  i778-8i. 
dele  the  words  '  for  the  remainder  of  the  year.'     Passed  Reports 
in  the  negative,  2  ayes,  8  7ioes,  1  divided.  colonies. 

"  Second.  That  such    part  of  the   niMh   Article  asl^^port 
respects  the  post  office,  be  altered  or  amended,  so  as  that  syivania. 
congress  be  obliged  to  lay  the  accounts  annually  before  ^®  ?''? " 
the  legislatures  of  the  several  states.     Passed  in  the  p.  682. 
negative,  2  ayes,  9  noes. 

"■  Third.  In  the  fifth  paragraph  of  the  ninth  Article, 
expunge  the  word  white.  Passed  iu  the  negative, 
3  ayes,  7  noes,  1  divided. 

"  Fourth.  In  the  last  section  of  the  ninth  Article,  after 
the  word  '  delegates,'  add  '  respectively.'  Passed  in 
the  negative,  1  aye,  10  nx)es. 

The  delegates  from  Virginia  being  next  called  on,  Report 
informed  congress  that  they  were  empowered  to  ratify,  jj^^^    "' 
in  behalf  "of  their  state,  the  articles  of  confederation.  See  p.  683. 
as  they  now  stand. 

The  delegates  from  South  Carolina  were  next  called  Report 
on,  and  moved  the  following  amendments  in  behalf  of  g*^™j^  ^ 

their  state.  olina,  see 

'■'■First.  In  Article  4,  between  the  words  'free  inhabit- p° ggi, 
ants '  insert  '  white.'     Passed  in  the  negative,  2  ayes, 
8  noes,  1  divided. 

"  Second.  In  the  next  line,  after  the  words  '  these 
states,'  insert  '  those  who  refuse  to  take  up  arms  in 
defence  of  the  confederacy.'  Passed  in  the  negative, 
3  ayes,  8  noes. 

"  Third.  After  the  Avords, '  the  several  states,'  insert 
'  according  to  the  law  of  such  states  respectively  for 
the  government  of  their  own  free  white  inhabitants.* 
Passed  in  the  negative,  2  arjes,  8  noes,  1  divided. 

"  Fourth.  After  the  words  '  of  which  the  owner  is  an 
inhabitant,'  insert  '  except  in  cases  of  embargo.' 
Passed  in  the  negative,  2  ayes,  9  noes. 


696  THE   GOVEKNMENTAL    HISTOllY   OF 

PaKT  IV.  THE  REVOLUTIONARY  UNION  OF  THE  COLONIES. 

The  a.-  "  Fifth.  In  the  first  paragraph  of  the  ffth  Article^ 

cont'edera-  strike    out   '  first   Moiiday   in   November,'   and    insert 
tion  m       ( nineteenth  day  of   April.'      Passed  in  the  negative, 

congress,  .  o  7 

1778-81.    1  fl7/e,  9  noes,  1  divided. 

Reports  a  Sixth.  In  the  second  paraf>;raph  of  the  fifth  Article, 

iroin  the  i  o      i  j  j  7 

colonies.  Substitute  '  tliree  '  in  the  place  of  '  two  ; '  and  '  two  '  in 
the  place  of  '  three,'  and  '  four '  in  the  place  of  '  six.' 
Passed  in  the  negative,  2  ayes,  9  noes. 

"  Seventh.  In  the  third  paragraph,  for  '  committee,' 
read  '  grand  council.'  Passed  in  the  negative,  1  aye, 
9  noes,  1  divided. 

"  Eighth.  In  the  first  paragraph  of  the  sixth  Article, 
Keport       for  '  princc  or  state  '  read  '  prince  or  foreign  state,'  ex- 
South  Car- ccpt  the  same  be  upon  the   subject  of  commerce,  nor 
ohua.         then  so  as  to  interfere  with  any  treaty  or  alliance  of 
the  United  States  made,  or  treaty  proposed,  by  con- 
gress.'    Passed  in  the  negative,  2  ayes,  9  noes. 

Ninth.  In  the  second  paragraph  of  the  sixth  Article, 
strike  out  '  by  ,some  nations  of  Indians,'  and  after  the 
words  '  to  invade  such  state,'  insert  '  or  upon  requisi- 
tion to  assist  a  sister  state  actually  invaded  or  threat- 
ened with  an  invasion.'  Passed  in  the  negative,  3  ayeSj 
8  noes. 

"  Tenth.  In  the  first  paragraph  of  the  seventh  Ar- 
ticle, strike  out,  '  of  or  under  the  rank  of  colonel,'  and 
after  '  shall  be  appointed,'  insert  '  and  commissioned.' 
Passed  in  the  negative,  2  ayes,  8  noes,  1  divided. 

"  Eleventh.  At  the  end  of  the  seventh  Article  add, 
'  the  troops  to  be  raised  shall  be  deemed  the  troops  of 
that  state  by  which  they  are  raised.  The  congress,  or 
grand  council  of  the  states,  may,  when  they  think 
proper,  make  requisition  to  any  state  for  two-thirds  of 
the  troops  to  be  raised  ;  which  requisition  shall  be  bind- 
ing upon  the  said  states '  respectively  ;  but  the  remain- 
ing third  shall  not  be  liable  to  be  drawn  out  of  the 
state  in  which  they  are  raised,  without  the  consent  of 
the  executive  authority  of  the  same.  When  any  forces 
are  raised,  they  shall  be  under  the  command  of  the 


THE   UNITED   STATES   OF   AMERICA.  697 


UNnER    THE    DCELARATION    OF    INDEPENDENCE.  PaRT    IV. 

executive  authority  of  the  state  in  which  they  are  so  The  ar- 
raiscd,  tuiIcss  they  be  joined  }jy  troops  from  any  o^li^i"  [.o,,'lv(j'ji., . 
state,  in  which  case  the  congress,  or  grand  council,  may  tion  in 
appoint  a  general  officer  to  take  the  command  of  the  177S-81.' 
whole :  and  until  the  same  can  be  done,  the  command  Reports 
shall  be  in  the  senior  officer  present,  who  shall  be  fimc- ^.yiojjies. 
nable  for  his  conduct  to  the  executive  authority  of  the 
state  in  which  the  troops  are,  and  shall  be  liable  to  be 
suspended  thereby.     The  expenses  of  the  troops  so  to 
be  raised  shall  be  defrayed  by  the  state  to  which  they 
belong ;  but  when  called  into  service  by  the  United 
States  they  shall  be  fed  and  paid  at  the  expense  of  the 
United  States.'     Passed  in  the  negative  2  aijes^  9  noes. 

"  Twelfth.  In  the  first  line  of  the  eighth  Article, 
strike  out  'charges  of  war  and  all  other.'  Passed  in 
the  negative,  2  aijes.,  8  noes,  1  divided. 

'-^Thirteenth.  In  the  same  Article,  strike  out  'accord  Report 
ing  to  such  mode   as  the  United  States  in  congress  g^^i^  c^r- 
assembled,  shall  from  time  to  time  direct  and  appoint ;'  oiina. 
and  instead    of  '  and   improvements    thereon  shall  be 
estimated,'  read  '  and  improvements  thereon  shall  by 
periods  of  years  not  exceeding  ten,  as  often  as  may  -be 
required  by  congress,  be  generally  estimated  by  persons 
to  be  appointed  by  the  legislatures  of  the  respective 
states  to  value  the  same  upon  oath.'     Passed  in  the 
negative,  2  ayes,  9  noes. 

^'■Fourteenth.  In  the  first  paragraph  of  Article  the 
ninth,  strike  out  '  appointing  courts  for  the  trial  of  pira- 
cies and  felonies  committed  on  the  high  seas,'  and  in 
lieu  thereof  insert,  '  declaring  what  acts  committed  on 
the  high  seas  shall  be  deemed  piracies  or  felonies.' 
Passed  in  the  negative,  2  ayes,  9  noes. 

'■^Fifteenth.  In  the  second  paragraph  of  the  ninth 
Article,  for  '  be  the  last  resort  on  appeal,'  read  '  decide 
and  determine  ; '  and  strike  out '  all  that  relates  to  the 
mode  of  settling  differences  between  states,  and  contro- 
versies concerning  private  right  of  soil.'  Passed  in  the 
negative,  2  ayesj  9  noes. 


698  THE   GOVERNMENTAL    HISTORY   OF 

Part  IV.  the  eetolutionary  union  of  the  colonies 

The  ar-  ^^  Sixteenth.  In  the  fifth  paragraph  of  the  nmth  Ar- 

coi^edera-  ^cle,   after  the  words,   '  iii  any  term  of/    strike  out 
tioii  iu       '  three,'  and  msert  '  two.'     Passed  m  the  negative,  2 

congress, 

iTYs-si.    ayes,  y  noes. 

Reports         '■'■  Seventeenth.  In  the  sixth  paragraph  of  the  7iinth 

colonies.     Article,  for  '  unless  nine  states,'  read  '  unless  eleven 

states.'     Passed  in  the  negative,  2  ayes,  9  noes. 

'■'•Eighteenth.  At  the  end  of  the  same  paragraph, 
strike  out  the  words,  '  in  congress  assembled.'  Passed 
in  the  negative,  1  aye,  10  noes. 

'■'■  Nineteenth.  In  the  last  paragraph  of  the  ninth  Ar- 
ticle, after  the  words,  '  and  the  yeas  and  nays  of  the 
Report       delegates  of  each  state  on,'  for  '  any,'  read  '  every,'  and 
South  Car-  strike  out  the  words,  '  when  it  is  desired  by  any  dele- 
olina.        gate.'     Passed  in  the  negative,  2  ayes,  9  noes. 

"  Twentieth.  In  the  same  sentence,  strike  out,  '  a 
state  or,'  and  also  '  at  his  or  their  request,'  and  after 
the  words  '  and  the,'  insert  '  respective  states  or  the  ; ' 
and  after  '  shall,'  insert '  upon  requisition.'  Passed  in 
the  negative,  1  aye,  10  noes. 

'•'•Twenty-first.  Amend  the  last  clause  of  the  thir- 
teenth Article,  so  as  to  read  '  unless  such  alteration  be 
agreed  to  by  eleven  of  the  United  States  in  congress 
assembled,  and  be  afterwards  confirmed  by  the  legisla- 
tures of  eleven  of  the  United  States.'  Passed  in  the 
negative,  3  ayes,  6  noes,  2  divided. 
Report  The  delegate  from  Georgia  being  called  on,  informed 

Georgia,     congress  that  he  had  not  yet  received  any  instructions 
See  p.  684,  or  orders  from  his  constituents  respecting  the  articles 
of  confederation ;  but  that  his  state  having  shown  so 
much  readiness  to  ratify  them  even  in  an  imperfect 
state,  and  it  being  so  much  for  their  interest  that  the 
confederation  should  be  ratified,  he  had  no  doubt  of 
their  agreeing  to  the  articles  as  they  now  stand. 
Delaware        Delaware  and  North  Carolina,  not  having  delegates 
Caroiioa.    prcscut  in  congrcss  no  report  was  received  from  them. 
See  p.  683,  except  what  is  contained  in  Governor  CaswelFs  letter 

702  706 

informing  the  president  that  the  legislature  of  North 


THE   UNITED   STATES    OF   AMERICA.  699 

UNDER  THE  DECLARATION  OP  INDEPENDENCE.  PaRT  IV. 

Carolina  had  agreed  to  the  articles  of  confederation  :  The  ar- 

Whereupon  it  was  conlcdera- 

"  Ordered  That  a  committee  of  three  be  appointed  to^ion  in 
prepare  the  form  of  a  ratification  of  the  articles  of  con- 1778-81.' 
federation. 

Mr.  R.  H.   Lee,    Mr.   G.   Morris,  and  Mr.  !)«/?«,  Committee 
■were  appointed  on  this  committee,  and  on  the  twenty- form  of 
sixth  day  of  June,  reported  a  draft  form,  which  was[.^^'^^^" 
adopted  by  congress,  as  follows,  viz. : 

*'  To  ALL  to  whom  these  presents  shall  come :    We,  the  dele- 
gates of  the  states  affixed  to  our  names,  send  greeting: 
"  Whereas  the  delegates  of  the  United  States  of  Amer-Form  of 
ica,  in  congress  assembled,  did,  on  the  fifteenth  day  of  i.pp(„!tpj 
November,  in  the  year  of  our  Lord  one  thousand  seven  ^yt^'<^com- 

mittee  and 

hundred  and  seventy-seven,  and  111  the  second  year  01  adopted  by 
the  Independence  of  America,  agree  to  certain  articles  j"""''^^!,' 
of  confederation  and  perpetual  union  between  the  states 
of  New  Hampshire;  Massachusetts  Bay;  Rhode  Island 
and  Providence  Plantations ;  Connecticut ;  New  York ; 
New  Jersey;  Pennsylvania;  Delaware;  Maryland;  Vir- 
ginia; North  Carolina;  >Soutli  Carolina;  and  Georgia; 
in  the  words  following,  viz.:  (Articles  inserted  at 
length.*)  "Which  articles  were  by  congress  proposed  *  See  Arti- 
to  the  legislatures  of  all  the  United  States,  to  be  con-^^''^' 
sidered ;  and  if  approved  of  by  them,  they  were  advised 
to  authorize  their  delegates  to  ratify  the  same  in  the 
congress  of  the  United  States :  And  ivhereas  it  hath 
pleased  the  Great  Governor  of  the  world  to  incline  the 
hearts  of  the  legislatures  we  respectively  represent  in 
congress,  to  approve  of,  and  to  authorize  us  to  ratify, 
the  said  articles  of  confederation  and  perpetual  union, 
Know  ye,  that  ive,  the  undersigned  delegates,  by  virtue 
of  the  power  and  authority  to  us  given  for  that  purpose, 
do,  by  these  presents,  in  the  name  and  in  behalf  of  our 
respective  constituents,  fully  and  entirely  ratify  and 
confirm  each  and  every  of  the  said  articles  of  confede- 
ration and  perpetual  union,  and  all  and  singular  the 
matters  and  things  therein  contained. 


700  THE   GOVERNMENTAL    HISTORY   OF 

PaKT  IV.  THE  REVOLUTIONARY  UNION  OF  THE  COLONIES 

The  ar-  ''''And  we  do  further  solemnly  plight  and  engage  the 

cuna'dcra-  f^iith  of  oiir  respective  constituents,  that  they  shall  abide 
tiou  in       ijy  the  determinations  of  the  United  States  in  congress 

congress 

i'778-8i.'  assembled,  on  all  questions,  which  by  the  said  confede- 
Forin  of  ration  arc  submitted  to  them ;  and  that  the  articles 
adopted  by  thereof  shall  be  inviolably  observed  by  the  states  we 
congress,^  respectively  represent;  and  that  the  union  shall  be  per- 
petual. 

'■'■In  ivilness  whereof  we  have  hereunto  set  our  hands 

this day  of ,  in  the  year  of  our  Lord  one 

thousand  seven  hundred  and  seventy-eight,  and  in  the 
*  *  *  year  of  the  Independence  of  the  United  States 
of  America." 

Immediately  after  the  adoption  thereof,  it  was 
Ordered  to     "  ORDERED,  That  a  copy  of  the  articles  of  confedera- 

be  engross-    .  •  ,      i         i  .7.        •         ■,  i  , 

ed.  tion,  With  the  above  ratmcation,  be  engrossed  on  parch- 

ment, in  order  that  the  same  may  be  signed  before  con- 
gress adjourn  from  this  place." 

The  engrossed  copy  was  laid  before  congress  for  rati- 
fication on  the  ninth  day  of  July  following,  when  the 
following  resolution  was  adopted: 
Resolution      "RESOLVED,  That  in  the  ratification  of  the  articles 
grossment.  of  Confederation,  to  be  signed  by  the  delegates,  the  fol- 
lowing words  be  omitted,  to  wit:  'which  articles  were 
Omission    ^3^  congress  proposed  to  the  legislatures  of  the  United 
States  to  be  considered ;  and,  if  approved  by  them,  they 
are  advised  to  authorize  their  delegates  to  ratify  the 
same  in  the  congress  of  the  United  States.'" 

The  ratification,  engrossed  on  a  roll  of  parchment, 

was  then  examined ;  and  the  blanks  in  the  third  line 

from  the  bottom  being  filled  up,  at  the  table,  with  the 

words  "ninth"  and  "July";  and  the  blank  in  the  last 

Signing  of  line  with  the  word  "third;"  the  same  was  signed  on 

and  rati fi-  tlic  part  and  behalf  of  their  respective  states,  agreeably 

cation        ^o  tlic  powcrs  vcstcd  in  them,  by  the  delegates  from 

by  eight  of  ^  -r,  -r»i       t      t  i         n  t 

the  coio-    New  Hampshire,  Massachusetts  Bay,  Khode  island  and 
Juiv  9th     Providence  Plantations,  Connecticut,  New  York,  Penn- 
sylvania, Virginia,  and  South  Carolina. 


THE   UNITED   STATES   OF   AMERICA.  701 

UNDER    THE    DECLARATION    OF    INDEPENDKNCE.  PaUT    IV. 

Tlie  delegates  from  the  states  of  New  Jersey,  Dela-  The  ar- 
ware,  and  Maryland,  informed  congress  that  they  had  ^.^nfodera- 
not  yet  received   powers  to  ratify   and  sign.      North  •'"" "' 
Carolina,  whose  legislature  had  ratified  the  articles  of  1778-81.' 
confederation ;  and  the  state  of  Georgia ;  were  not  at  i^tiites  not 

siguiiig. 

tills  date  re})rcsentcd  in  congress.  Alter  the  ratmca- 
tion  was  comi)lcted  hy  the  delegates  present  who  were 
empowered  to  sign  the  same,  it  was 

"  Resolved,  That  a  committee  of  three  be  appointed  Resolution 
to  prepare  a  Circular  Letter  to  the  states  in  this  union 
that  have  not  hitherto  authorized  their  delegates  to  ratify 
the  confederation,  informing  such  states  how  many 
and  what  states  had  already  ratified  the  same,  and  de- 
siring that  such  states  will,  with  all  convenient  dispatch, 
authorize  their  delegates  to  ratify  the  confederation  in 
the  congress  of  the  United  States." 

3Ir.  Lee,  Mr.  Dana  and  Mr.  G.  Morris,  v^qvq  accord- Committee 
ingly  appointed  a  committee  for  this  purpose.     On  the  ^^j'^^ig^t^ 
tenth  day  of  July,  the  next  day  after  their  appointment, 
the  committee  reported  a  draft  letter  to  congress,  which, 
being  read  and  amended,  was  adopted  as  follows,  viz.: 

"  Sir, — Congress,  intent  upon  the  present  and  future  Circular 
securitv  of  these  United    States,  has  never  ceased  to  ^"^"^^  ^^  . 

"  ...         congress  to 

consider  a  confederacy  as  the  great  principle  of  union,  the  coio- 
wliich  can  alone  establish  the  liberty  of  America,  and  ^aci  not'*^ 
exclude  forever  the  hopes  of  its  enemies.     Influenced  ^"t'^o"^'^^ 

1  ■  -i  •  />!  1T1  •!•  their  ratifi- 

by  considerations  so  powertul,  and  duly  weighing  the  cation, 
difficulties  which  oppose  the  expectation  of  any  plan  ^ ^'1^  ^  ^*^' 
being  formed  that  can  exactly  meet  the  wishes  and 
obtain  the  approbation  of  so  many  states,  differing 
essentially  in  so  many  points;  congress  have,  after 
mature  deliberation,  agreed  to  adopt  without  amend- 
ments the  confederation  transmitted  to  the  several 
states  for  their  approbation.  The  states  of  New  Hamp- 
shire, Massachusetts  Bay,  Rhode  Island  and  Provi- 
dence Plantations,  Connecticut,  New  York,  Pennsyl- 
vania, Virginia,  North  Carolina,  and  South  Carolina, 
have  ratified  the  same;  and  it  remains  only  for  your 


702  THE   GOVERNMENTAL   HISTOEY   OP 

Part  IV.  the  revolutionaky  union  op  the  colonies 


Thear-      state  with  those  of    *****     to  conclude  the 

tides  of  ,       .  i        1  •   1     1  .   ,  , 

conivdeia-  glorious  compact,  which,  by  uniting  the  wealth,  strength 
tion  in       jj^j^(^|  councils  of  the  whole,  may  bid  defiance  to  external 

congress,        _  '         •' 

1778-81.     violence  and  internal  dissensions,  whilst  it  secures  the 
public  credit  both  at  home  and  abroad.     Congress  is 
willing  to  hope  that  the  patriotism  and  good  sense  of 
your  state  will  be  influenced  by  motives  so  important; 
and  they  request,  sir,  that  you  will  be  pleased  to  lay 
Circular     this  letter  before  the  legislature  of    *****     in 
th"Ton-     order  that,  if  they  judge  it  proper,  their  delegates  may 
gress.        be  instructed  to  ratify  the  confederation  with  all  con- 
venient dispatch;    trusting   to  future  deliberations   to 
make  such  alterations  and  amendments  as  experience 
may  show  to  be  expedient  and  just. 

I  have  the  honor  to  be',  &c." 


Report  and     On  Monday,  July  thirteenth,  Mr.  Telfair,  a  delegate 
by  dele-     from  Georgia,  attended  and  produced  the  credentials 

gates  from  Qf  the  delegates  of  that  state :      And  on  the  twenty- 
Georgia,        ,  °  •' 
July,  1778.  third  day  of  the  same  month  the  delegates  laid  before 

g°^PP-      the  congress  the  proceedings  of  the  assembly  of  that 
state   respecting  the  articles  of  confederation,  which 
were  read.     On  the  twenty-fourth,  the  delegates  pres- 
ent,   George    Walton,   Edivard    Telfair,  and   Edward 
■  Langivorthy,  pursuant  to  the  powers  vested  in  them, 
signed  the  ratification  of  the  articles  of  confederation. 
Report  and     On  the  sixteenth  day  of  July,  Mr.  Penn,  a  delegate 
hy'dcie-^"  froiii  North  Carolina,  attended  the  congress  and  pro- 
gates  from  duced  the  credentials  of  the  delegates  from  that  state, 
Carolina,    which  was  a  commissioii  signed  by  Gov.  Caswell  and 
July,  1778.  certified  by  the  secretary,  notifying  them  of  their  elec- 
^'^'^'     "'tion,  and  also  certifying   that   they  were  respectively 
thereby  "invested  with  such  powers  as  may  make  any 
act  done  by  you,  or  consent  given  in  the  said  congress 
in  behalf  of  this  state,  obligatory  upon  every  inhabit- 
ant thereof."      Pursuant  to  the  power  thus  vested  in 
them  the  delegates,  John  Penn,  Cornelius  Harnett  and 
John  Williams,  affixed  their  names  to  the  ratification  of 


THE   UNITED    STATES   OF   AMERICA.  703 

UNDER    TH8    DECLARATION    OP    INDEPENDENCE.  PaRT    IV. 

the  articles  of  confederation,  in  behalf  of  that  state,  The  arti- 
July  22d,  mS."  fZ^l^^_ 

On   the    twenty-fifth   day  of  November,  Mr.  With- "ion  in 
crspoon,  a   delegate   from    the   state   of  Neiv   Jersey,  nvS-si.' 
attended  and  laid  before  congress  powers  to  the  dele- 
gates of  that  state  to  ratify  the  confederation,  which 
were  read  as  follows: 

"L.  S.     By  his  excellency,  William  Livingston,  jBs- Further  re- 
qiiire,  Governor,  Captain-general,  and  Commander-in- Jj^[* '^^^'^'^ 
chief,  in  and  over  the  state  of  New  Jersey  and  tcrrito-  from  New 
ries  thereunto  belonging,  Chancellor  and  Ordinary  in  nov.'^^V'zs, 
the  same.     To  all  to  whom  these  presents  shall  come, 
greeting :  Know   ye,  that  among  the  records  in   the 
secretary's  office,  in  the  state  of  Neiv  Jersey,  there  is 
a  certain  instrument  in  writing  purporting  to  be  an  act 
of  the  council  and  general  assembly  of  the  said  state, 
which  said  act  is  contained  in  the  words  and  tenor  here 
following,  to  wit : 

"  An  act  to  authorize  and  impower  the  delegates 
of  the  state  of  New  Jersey  in  congress,  to  subscribe 
and  ratify  the  articles  of  confederation  and  perpetual 
union  between  the  several  states. 

"  \Miereas,  articles  of  confederation  and  perpetual 
union  between  the  states  of    *****     *    signed 
in  the  congress  of  the  said  states,  by  the  Honorable 
Henry  Laurens,  Esquire,  their  president,  have   been 
laid  before  the  legislature  of  this  state,  to  be  ratified 
by  the  same  if  approved :  And  whereas,  notwithstand- 
ing the  terms  of  the  said  articles  of  confederation  and 
perpetual  union  are  considered  in  divers  respects  une- 
qual, and  disadvantageous  to  this  state,  and  the  objec- 
tions to  several  of  the  said  articles  lately  stated  and  See  p.  689. 
sent  to  the  general  congress  aforesaid,  on  the  part  of 
this  state,  are  still  viewed  as  just  and  reasonable,  and 
sundry  of  them  as  of  the  most  essential  moment  to  the  *  journals 
welfare  and  happiness  of  tlie  good  people  thereof :  yet,  »*'  cou- 
under  the  full  conviction  of  the  present  necessity  of  ° 
acceding  to  the  confederacy  proposed,  and  that  every 


704  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  revolutionary  union  of  the  colonies 

The  arti-  separate  and  detached  state  interest  ought  to  be  post- 
coufedera-  poncd  to  the  general  good  of  the  union ;  And  moreover, 
Hon  iu  ii^  {^j.y^  rehancc  that  the  candor  and  iustice  of  the  sev- 
nvs-si.  cral  states  will,  m  due  time,  remove,  as  far  as  possible, 
the  inequality  which  uoav  subsists  : 

"  Section  1st.     Be  it  enacted,  by  the   Council  and 
General  Assembly  of  this  state,  and  it  is  hereby  enacted 
Towers      by  the  authority  of  the  same,  that  the  honorable  John 
catio'i^by    ^^^ithersj)oon,  Abraham  Clarke,  Nathaniel  Scudder,  and 
tiie  dele-    EUas  Boudinot,  Esquires,  delegates  representing  this 
New  Jer-    State  in  the  congress  of   the    United  States,   or  any 
ms^'"^ '  ^^^^  ^^  more  of  them,  be  and  they  hereby  are,  author- 
ized, impowered,  and  directed,  on  behalf  of  this  state, 
to  subscribe  and  ratify  the  said  articles  of  confedera- 
tion  and  perpetual   union   between  the   states  afore- 
said, 

"Sect.  2d.  And  be  it  further  e7iacted,hj  the  au- 
thority aforesaid,  that  the  said  articles  of  confederation 
and  perpetual  union,  so  as  aforesaid  subscribed  and 
ratified,  shall  thenceforth  become  conclusive  as  to  this 
state,  and  obligatory  thereon. 

"Ill  testimony  whereof,  the  great  seal  of  the  said 
state  of  New  Jersey  is  hereunto  affixed,  at  Trenton, 
the  twentieth  day  of  November,  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  seventy-eight ; 
and  in  the  third  year  of  the  Independency  of  the 
United  States  of  America. 

"  William  LivinCxStgn. 
"By  his  Excellency's  command, 

"  Bowes  Heed,  Secretary ^ 

Ratifica-  In  pursuance  of  these  powers,  the  delegates  of  New 
Nov.  26tli  Jersey  signed  the  ratification  of  the  articles  of  confed- 
I'^'^S.         eration  and  perpetual  union,  November  26th,  1778. 


That  a  Protestant  Christianity  has  at  all  times  been 
recognized  by  the  people  of  America  as  an  essential 
element  in  their  constitutional  and  political  organisms. 


THE    UNITED    STATES    OF    AMERICA.  705 

UNDER    THE    DECLARATION    OF    INDEPENDENCE.  PaRT    IV- 

has  bccu  made  fully  apparent  in  the  progress  of  this  The  arti- 
history.     We  find  an  ample  recognition  of  it  by  the  ^|||^^°j^^^ 
congress  in  one  of  the  first  acts  of  their  first  session,  tion  in 
and  at  every  subsequent  meeting,  in  the  appointment  i77s_8i' 
of  chaplains,  whose  services  were  daily  put  in  requisi- 
tion.    We  find  it  recognized  in  their  Manifesto  upon 
taking  up  arms ;  in  their  petitions  to  the  king,  their 
addresses  to  the  people  of  Great  Britain,  and  to  the  (^^j^g^j^^^ 
inhabitants  of  America.     We  find  it  also  in  the  Decla-  tionai  re- 
ration  of  their  Independence  ;  in  their  address  on  thcof'piotest- 
state  of   public  affairs    upon    the  ratification  of   the  ^^^^t'^™  by 

congress. 

treaty  with  France.  We  find  it  again  in  their  recent 
circular  letter  to  the  states  with  reference  to  the  adop-Sec  p.  663. 
tion  of  the  articles  of  confederation.  And  now,  in  the 
very  midst  of  the  most  absorbing  cares  and  pressing 
responsibilities  which  could  occupy  their  attention, 
elated  by  the  favor  with  which  those  articles  had  been 
thus  far  received  by  the  several  colonies,  they  put  forth 
to  the  world  an  expressive  recognition  of  it,  by  ordering'^ 

"That  the  Chaplains  of  Congress  prepare  and  report  Resolution 
a  recommendation  to  the  several  states,  to  set  apart  ^"j 'jsenc- 
tlie  thirtieth  day  of  December  next,  as  a  day  of  gerir  giy'mg, 
eral  thanksgiving  throughout  the  United  States ^  ov.,i778. 

Pursuant  to  this  resolution,  the  Chaplains  prepared 
and  reported  a  recommendation ;   which,  being  read 
and  amended,  was    adopted,  November   seventeenth,  K(?port  on. 
1778,  as  follows,  viz. : 

"It    having    pleased   Almighty    God,   through    theiheproc- 
coiirse  of  the  present  year,  to  bestow  many  great  and  J'^J^^t'on- 
manifold  mercies  on  the  people  of  these  United  States ; 
and  it  being  the  indispensable  duty  of  all  men  grate- 
fully to  acknowledge  their  obligations  to  him  for  bene- 
fits received : 

"Resolved,   That  it  be  and  hereby  is  recommended Thanks- 
to  the  legislative  or  executive  authority  of  each  of  the  f^^^^ 
said  states,  to  appoint  Wednesday,  the  thirtieth  of  De- 
cember next,  to  be  observed  as  a  day  of  public  thanks- 
giving and  praise :    that  all  people  may,  with  united 
.45 


706  THE   GOVERNMENTAL   HISTORY   OF 

Part  IV.  thk  retolutionart  union  of  the  colonies 

The  arti-  hearts,  on  that  day,  express  a  just  sense  of  His  unmer- 
corfcdera-  ^^^^  favors ;  particularly  in  that  it  hath  pleased  Him, 
tion  in  by  His  over-ruling  Providence,  to  support  us  in  a  just 
1778-81.'  ^11^  necessary  war  for  the  defence  of  our  rights  and 
Prociania-  liberties  ;  by  affording  us  seasonable  supplies  for  our 
general '  armies ;  by  disposing  the  heart  of  a  powerful  monarch 
tiiauksgiv-  ^o  eiitcr  iuto  an  alliance  with  us,  and  aid  our  cause ; 

nig  by  con- ,        ,    ^       . 

gross,  Nov.  by  defeating  the  councils  and  evil  designs  of  our  ene- 
17th,  1778.  jj^ieg^  and  giving  us  victory  over  their  troops ;  and  by 
the  continuance   of   that  union  among   these   states, 
which,  by  His  blessing,  will  be  their  future  strength 
and  glory. 
Penitence       ^^And  it  IS  further  recommended^  that,  together  with 
fesaion.      devout  thanksgiving,  may  be  joined  a  penitent  confes- 
sion of  our  sins,  and  humble  supplication  for  pardon 
through  the  merits  of  our  Saviour ;  so  that,  under  the 
smiles  of  Heaven,  our  public  councils  may  be  directed, 
our  arms  by  land  and  sea  prospered,  our  liberty  and 
Invoca-      independence  secured,  our  schools  and  seminaries  of 
'^"'  learning  flourish,  our  trade  be  revived,  our  husbandry 

and  manufactures  increased,  and  the  hearts  of  all  im- 
pressed with  undisscmbled  piety,  with  benevolence,  and 
zeal  for  the  public  good. 
To  abstain  ^''And  it  is  also  recommended,  that  recreations  unsuit- 
I'tiou^^^'^'^'  ^^^^  *^  *^^^  purpose  of  such  a  solemnity  may  be  omit- 
ted on  that  day. 

^^Done  in  Congress,  this  ITtli  day  of  November,  1778, 
and  in  the  third  year  of  the  Independence  of  the  Uni- 
ted States  of  America." 


Report  Delaware,  from  whatever  cause,  seems  to  have  been 

from  Dela-jj^  j^  ^.^j.„  (disturbed  condition  during  the  year  1778,  so 

ware.  ''  ^ 

Sec  pp.  that  no  action  was  taken  by  her  legislature  on  the  arti- 
683,  698.  (jIqs  Qf  confederation.  On  the  sixth  of  November  of 
that  year,  "a  letter  of  the  fourth,  from  Mr.  President 
Rodney,  of  the  state  of  Delaware,  was  laid  before  Con- 
gress," informing  them  "that  the  members  of  the 
House  of  Assembly  have,  by  some  means  or  other,  in 


THE   UNITED    STATES   OF  AMERICA.  707 

UNDER  THE  DECLARATION  OF  INDEPENDENCE.  PaRT  IV. 

the  course  of  the  second  and  tliird  instant,  dispersed  ;  The  arti- 
and  thereby  the  house  dissolved  without  having  com- ^^1;^°^^^.^^. 
pleted  any  one  piece  of  business  laid  before  them."        tiou  in 

Whereupon  it  was  "  Resolved,  That  the  president  1778-81.' 
write   to  the  honorable  C.  Rodney,  Esquire,  president  Resolution 
of  the  state  of  Delaware,  and  request  him  to  call  the 
assembly  of  that  state  together  as  soon  as  possible."* 

On  Tuesday,  the  sixteenth  day  of  February,  1779, 
Mr.  McKeane,  a  delegate  from  Delaware,  laid  before  the 
congress  an  act  of  the  general  assembly  of  that  state, 
duly  authenticated  by  the  seal  of  the  state  and  the  cer- 
tificate of  the  governor,  in  the  words  and  figures  fol- 
lowing, to  wit : 

'■''Anno   Millessimo    Scpiingentessimo    Septuagessimo 'Powers 
nono.     An  act  to  authorize  and  empower  the  delegates  ^^^^0^  by 
of  the  Delaware  State,  to  subscribe  and  ratify  the  arti-^^'^  ^icie- 

'  "^  gates  from 

cles  of  confederation  and  perpetual  union  between  the  Delaware, 
several  states  of  (naming  them),  signed  in  the  general ^i^^^  -^» 
congress  of  the  said  states  by  the  honorable  Henry  Lau- 
rens, Esquire,  their  then  president,  having  been  laid 
before  the  legislature  of  this  state,  to  be  ratified  by  the 
same,  if  approved :  And  whereas,  notwithstanding  the 
terms  of  the  articles  of  confederation  and  perpetual 
imion,are  considered  as  in  divers  respects  unequal  and 
disadvantageous  to  this  state,  and  the  objections  stated 
on  the  part  of  this  state  are  viewed  as  just  and  reason- 
able, and  of  great  moment  to  the  welfare  and  happiness 
of  the  good  people  thereof,  yet,  under  the  full  convic- 
tion of  tlie  present  necessity  of  acceding  to  the  con- 
federacy proposed,  and  that  the  interest  of  particular 
states  ought  to  be  postponed  to  the  general  good  of  the 
union,  and  moreover,  in  firm  reliance  that  the  candor 
and  justice  of  the  several  states  will,  in  due  time,  re- 
move as  far  as  possible,  the  objectionable  parts  thereof: 
Be  it  enacted  by  the  General  Assembly  of  Delaware,  and  *  journals 
it  is  hereby  enacted  by  the  authority  of  the  same,  that  °^  ^^°' 

•^  ''  gress. 

the  lionorable  John  Dickinson,  Nicholas  Van  Dyke,  and 
Thomas  McKeane,  Esquires,  delegates  appointed  to  rep- 


708  THE   GOVERNMENTAL   HISTORY  OF 

Part  IV.  tiik  revoldtioxary  union  of  the  colonies 

The  arti-  reseiit  tliis  state  in  congress,  or  any  one  or  more  of  them, 

co*nMeia-  ^^  ^'^^  ^^^^Y  licrebj  are,  authorized,  empowered  and  di- 

tion  in  rccted,  on  behalf  of  this  state,  to  subscribe  and  ratify 

1778-si.'  the  said  articles  of  confederation  and  perpetual  union 

Towers  between  the  several  states  aforesaid. 
cation  by        "And  be  it  further  enacted  by  the  authority  aforesaid, 

Delaware,  ^]^j^^  ^^q  gg^j^j  articles  of  Confederation  and  perpetual 

Feb.  IG,  n 

1779.         union,  so  as  aforesaid  subscribed  and   ratified,  shall 
thenceforth  become  obligations  on  this  state. 
^  Signed  by  order  of  the  House  of  Assembly. 

Nicholas  Van  Dyke,  Speaker. 
Signed  by  the  order  of  the  council. 

Thomas  Collins,  PresH. 
Passed  at  Dover,  February  1st,  1779." 
Mr.  McKeane  thereupon  signed  the  articles  of  con- 
federation on  behalf  of  the  state  of  Delaware,  which 
*  May  5,     wcrc  aftcrwards*  signed  also  by  Mr.  Dickinson  and  Mr. 
'"^-         Van  Dyke. 


I  have  tlius  far  carefully  recorded  the  recognition  by 
the  congress  of  the  obligations  of  a  Protestant  Chris- 
tianity, in  its  influence  upon  their  acts  and  delibera- 
tions ;  and  as  a  material  element  in  the  organization 
of  our  political  fabric,  in  their  recommendation  of  a  day 
Rccom-  of  general  thanksgiving  to  be  set  apart  and  observed 
mendation  throughout  the  unioii.     We  find  them  now  again  re- 

oi  a  gene-  °  ^  ° 

raifastby  pcating  the  recognition  in  a  recommendation  of  a  day 
Marcir^'    ^^  general  fasting,  humiliation,  and  prayer ;  prepared 
i'^'^9-        in  this  instance,  not  by  their  chaplains,  but  by  a  com- 
mittee chosen  from  among  their  own  body  of  statesmen. 
This  constant  commingling  of  the  observances  of  a 
true  faith  with  the  labors  of  a  political  revolntion,  and 
It3  politi-    the  construction  of  a  political  confederacy  of  states,  is 
oai  (level-  ^  development  of  protestantism  peculiarly  American, 
and  is  alone  that  which  has  given  to  our  political  sys- 
tems their  peculiar  and  characteristic  elements  of  free- 
dom, efficiency,  strength,  and  permanency.     Never  be- 
fore in  the  annals  of  nations,  has  there  been  so  illustri- 


THE    UXTTED    STATES    OF    AMERICA.  Y09 

UNDER   THE    DECLARATION    OF    INDEPENDENCE.  PaRT    IV. 

Oils  an  exhibition  of  unaffected  piety  in  high  places,  or  The  arti- 
so  much  distinguished    statesmanship    consecrated   'jy  coafedera- 
an  humble  dependence  upon  the  providential  care  and  t'""  ii 
guidance  of  the  Almighty.     Would  that  their  example  n78-8i.' 
might  produce  a  corresponding  respect  for  the  faith  and 
observances  of  a  pure  Christianity  in  our  own  day  and 
generation. 

The  committee  appointed  for  this  purpose,  Mr.  G.  Committee 
3Tor/'is,  Mr.  Dayton,  and  Mr.  Paca,  on  the  twentieth  of  omme^nlT^' 
March,  1779,  l)rought  in  a  draft,  which  was  taken  into  ^'O'?'  ^"^ 
consideration,  and  agreed  to  by  the  congress,  as  follows,  port, 
to  wit : 

"  Whereas,  in  just  punishment  of  our  manifold  trans- The  proc- 
gressions,  it  hath  pleased  the   Supreme  Disposer  of  all 
events  to  visit  these  United  States  with  a  calamitous 
war,  through  which  His  Divine  Providence  hath  hith- 
erto in  a  wonderful  manner  conducted  us,  so  that  we 
might  acknowledge  that  the  race  is  not  to  the  swift, 
nor  the  battle  to  the  strong:  And  whereas,  notwith- Further 
standing  the  chastisements  received  and  benefits  be- ^'^^<'S°i- 
stowed,  too  few  have  been  sufficiently  awakened  to  a  protest- 
sense  of  their  guilt ;  or  warmed  with   gratitude ;    or  '^^^^^^' 
taught  to  amend  their  lives  and  turn  from  their  sins, 
that  so  He  might  turn  from  His  wrath :  And  whereas, 
from  a  consciousness  of  what  we   have  merited  at  His 
hands,  and  an  apprehension  that   the  malevolence  of 
our  disappointed  enemies,  like  the  incredulity  of  Pha- 
raoh, may  be  used  as  the  scourge  of  Omnipotence  to 
vindicate  His  slighted  Majesty,  there  is  reason  to  fear 
that  He  may  permit  much  of  our  land  to  become  the 
prey  of  the  spoiler,  our  borders  to  be  ravaged,  and  our 
habitations  destroyed  : 

"  Resolved,  That  it  be  recommended  to  the  several  The  recom- 
states  to  appoint  the  first  Thursday  in  May  next,  to  ^^endation. 
be  a  day  of  fasting,  humiliation,  and  prayer  to  Almighty 
God,  that  he  will  be  pleased  to  avert  those  impend- 
ing calamities  which  we  have  but  too  well  deserved ; 
That  He  will  grant  us  his  grace  to  repent  of  our 
sins,   and   amend  our  lives   according  to   His    Holy 


710  THE   GOVERNMENTAL   HISTORY   OF 


Part  IV.  the  revolutionary  union  of  the  colonies 


The  arti-    Word ;  That  He  will  continue  that  wonderful  protec- 
^^^^S'^       tion  which  hath  led  us  through  the  paths  of  danger  and 

conleuera-  ox-  o 

tiou  in       distress ;  That    He  will  be  a   husband  to  the  widow, 
nvf-sT.'    ^11^    father    to    the    fatherless    children,    who   weep 
over  the  barbarities  of  a  savage  enemy ;  That  He  will 
grant  us  patience  in  suffering  and  fortitude  in  adver- 
sity ;  That  He  will  inspire  us  with  humility,  modera- 
tion, and  gratitude,  in  prosperous  circumstances  ;  That 
He  will  give  wisdom  to  our  councils,  firmness  to  our 
resolutions,  and  victory  to  our  arms :  That  He  will  bless 
the  labours  of  the  husbandman,  and  pour  forth  abund- 
ance so  that  we  may  enjoy  the  fruits  of  the  earth  in 
due  season  ;  That  He  will  cause  union,  harmony,  and 
mutual  confidence,  to  prevail  throughout  these  states ; 
That  He  will  bestow  on  our  great  Ally  all  those  bless- 
ings which  may  enable   him  to  be  gloriously  instru- 
mental in  protecting  the  rights  of  mankind,  and  pro- 
moting the  happiness  of    his  subjects :  That  He  will 
rroclama-  bountifully  Continue   His   paternal  care  to  the  Com- 
tionfora   mandcr-iu- Chief,  and   the  officers  and   soldiers  of  the 
ffs^by      United  States  ;  That    He   will   grant   the   blessings  of 
MTrch  ^'^'    peace  to  all  contending  nations  ;  freedom  to  those  who 
20tb.  1179.  are  in  bondage,  and  comfort  to  the  afilicted ;  that  He 
will  diffuse  useful  knowledge,  extend  the  influence  of 
true  religion  and  give  us  that  peace  of  mind  which  the 
world  cannot  give  ;  That  He  will  be  our  shield  in  the 
day  of  battle,  our  comforter  in  the  hour  of  death,  and 
our  kind  parent  and  merciful  judge  through  time  and 
through  eternity. 

"  Done  in  congress,  this  twentieth  day  of  March,  in 
the  year  of  our  Lord  one  thousand  seven  hundred  and 
seventy-nine ;  and  in  the  third  year  of  our  independ- 
ence. 

John  Jay,  President. 

Attest,  Charles  Thomson,  Secretari/." 


Further         Qn  the  twentieth  day  of  May,  1779,  the  delegates 
ginS.  "^'  from  Virginia  laid  before  congress  certain  powers  and 


THE   UNITED   STATES   OP   AMERICA.  711 

UNDER  THE  DECLARATION  OF  INDEPENDENCE.  PaRT  IV. 

instructions,  given  to  tlicm  by  the  general  assembly  of  The  ar- 
thcir  state,  which  were  read,  and  were  as  f(jllo\vs,  viz. :  confodeia- 
''  Li  General  Assembly.  Saturday,  the  nineteenth  day  of  ^'o"  "^ 

n  ;  177Q  congress, 

December^  YIIq:  ]77«-81. 

"Resolved,  nemine  contradicente,  That  our  delegates Fu't'ier 
in  congress  be  instructed  to  propose  to  congress,  that  instruc- 
thcy  recommend  to  each  of  the  states  named  as  parties^'?"". ^5"*^™ 

•'  ^  Virginia, 

in  the  articles  of  confederation,  heretofore  laid  before  May  20th, 

•     17*79 

and  ratified  by  this  assembly,  that  they  authorize  their 
delegates  in  congress  to  ratify  the  said  articles,  together 
with  the  delegates  of  so  many  other  of  the  said  states 
as  shall  be  willing;  so  that  the  same  shall  be  forever 
binding  on  the  states  so  ratifying,  notwithstanding  that 
a  part  of  those  named  shall  decline  to  ratify  the  same ; 
alloiving-  nevertheless  to  the  said  states  so  declining 
either  a  given  or  indefinite  time,  as  to  congress  shall 
seem  best,  for  acceding  to  the  said  confederation,  and 
making  themselves  thereby  members  of  the  union. 

■  "Resolved,  wemiVie  contradicente ^  That  our  said  dele- Delegates 
gates,  now  in  office,  or  hereafter  to  be  appointed,  bCeredto 
authorized  and  required,  and  are  hereby  authorized  and  ^^^^^y  ^^^ 

^  ''  any  num- 

required,  to  ratify  the  said  articles  of  confederation  on  ber  of 
the  part  of  this  commonwealth,  with  so  many  of  the  ^*'^^^^' 
other  states  named  in  them  as  parties  as  shall  ou  their  683, 695. 
part  ratify  the  same. 

"Test,  A.  Carey,  S.  S.;  B.  Harrison,  S.  H.  D." 

In  pursuance  of  these  instructions  and  powers  the  Motion 
delegates  from  Virginia  moved  in  the  words  following :  *^'^''^"P°'^* 

^^  Whereas  it  is  of  the  greatest  importance  to  the 
safety,  honor  and  interest  of  the  United  States,  that  the 
confederation  be  closed  as  soon  as  may  be,  and  rendered 
forever  binding  on  the  states  according  thereto : 

"Resolved,  That  it  be  earnestly  recommended  to  Virginia 
each  of  the  states  named  as  parties  to  the  confederation,  fo*^,.atiftf 
that  they  authorize  their  delegates  in  congress  to  ratify  «ith  any 
the  same  on  or  before  the  day  of  next,  instates, 

conjunction  with  the  delegates  of  so  many  other  of  the  ^^^^  ^'^'^^• 
said  states  as  shall  be  willing ;  to  the  end  that  the  same 


712  THE   GOVERNMENTAL   HISTORY   OP 


PaKT    IV.  THE    RETOLIJTIONARY    UNION    OF    THK    COLONIES 


Tlic  a"-  may  be  thenceforward  forever  binding  on  the  states  so 
coniodera-  ratifying,  notwithstanding  that  a  part  of  those  named 
tionin       shall  decUnc  to  ratify  the  same." 

1778-8^.'        Congress  took,  no  action  on  this  resolution.     The 

delegates  from  Virginia  then  delivered  in  a  paper  signed 

by  themselves  in  the  words  following,  to  wit: 

Dcdara-         "In  consequcncc  of  the  foregoing  instructions  and 

b""heJ*^*^    powers  to  us  given,  we  do  hereby  declare,  that  we  are 

delegates,  ready  and  willing  to  ratify  the  confederation  with  any 

one  or  more  states  named  therein,  so  that  the  same 

shall  be  forever  binding  upon  the  state  of  Virginia. 

Signed,  ^'■Meriweather  Smith,  Cyrus  Griffen,  Pdchard 
Henry  Lee,  William  Fleming. ''^ 


Second  re-      Tho  delegates  from  Maryland  now  stated  that  they 

port  from  |^^^j  rcccived  instructions  from  their  constituents  re- 
Maryland,  .  1  •  1     1 
May,  177<J.  spccthig  the  articles  of  confederation,  which  they  were 

See  page    (jipectcd  to  lay  before  congress  and  to  have  entered  on 

686.  .  .  ,  -, 

their  journals.     The  mstructions  were  thereupon  read 
as  follows,  to  wit: 

^^Instructions  of  the  General  Assembly  of  Maryland 
to  George  Plater,  William  Paca,  William  Carmichael, 
John  Henry,  James  Forbes,  and  Daniel-of-St.-Thomas 
Jenifer,  Esquires: 
Their  in-  ' '  Gentlemen :  having  conferred  upon  you  a  trust  of  the 
Btructions.  j^jgi^^gt;  nature,  it  is  evident  we  place  great  confidence 
in  your  integrity,  abilities,  and  zeal,  to  promote  the 
general  welfare  of  the  United  States,  and  the  particular 
interest  of  this  state,  where  the  latter  is  not  incompati- 
ble with  the  former ;  but  to  add  greater  weight  to  your 
proceedings  in  congress,  and  to  take  away  all  suspicion 
that  the  opinions  you  there  deliver,  and  the  votes  you 
give,  may  be  the  mere  opinions  of  individuals,  and  not 
resulting  from  your  knowledge  of  the  sense  and  delibe- 
rate judgment  of  the  state  you  represent;  we  think  it 
our  duty  to  instruct  you  as  follow^eth,  on  the  subject  of 
the  confederation,  a  subject  in  which  unfortunately  a 
supposed  difference  of  interest  has  produced  an  almost 


THE   UNITED    STATES   OF   AMERICA.  713 


UNDKR  THE  BKCLARATION  OF  INDEPENDKNCE.  PaRT  IV, 

equal  division  of  sentiments  among  the  several  states  The  ar- 
comj)Osin<:^  the  union.     We  say  a  supposed  difference  of  eonfedera- 
intercsts:  for  if  local  attachments  and  prejudices,  and''"""' 

'  .  coiif^ress, 

the  avarice  and  ambition  of  individuals,  would  give  way  n78-8i. 
to  the  dictates  of  a  sound  policy,  founded  on  the  prin- 
ciples of  justice,  (and  no  other  policy  but  what  is  found- Second  re- 

'  "^  '  ^  1  port  by  the 

cd  on  those  immutable  principles  deserves  to  be  called  dekgates 
sound)  we  flatter  ourselves  this  apparent  diversity  of  [^° ^  ^'^'y* 
interests  would  soon  vanish ;  and  all  the  states  would  1779. 
confederate  on  terms  mutually  advantageous  to  all ;  for 
they  would  then  perceive  that  no  other  confederation 
than  one  so  formed  can  be  lasting. 

"  Although  the  pressure  of  immediate  calamities,  the 
dread  of  their  continuance  from  the  appearance  of  dis- 
union, and  some  other  peculiar  circumstances  may  have 
induced  some  states  to  accede  to  the  present  confedera 
tion,  contrary  to  their  own  interests  and  judgments; 
it  requires  no  great  share  of  foresight  to  predict,  that 
when  those  causes  cease  to  operate,  the  states  which  Distrust  of 
have  thus  acceded  to  the  confederation,  will  consider  it  spates, 
as  no  longer  binding,  and  will  eagerly  embrace  the  first 
occasion  of  asserting  their  just  rights  and  securing  their 
independence.  ' 

"Is  it  possible  that  those  states  which  are  ambitiously  Their 
grasping  at  territories,  to  which  in  our  judgment  they  ^^^^.^^j.^^ 
have  not  the  least  shadow  of  exclusive  right,  will  use 
with  greater  moderation  the  increase  of  wealth  and 
power  derived  from  those  territories,  when  acquired, 
than  what  they  have  displayed  in  their  endeavors  to 
acquire  them?  "VVe  think  not.  We  are  convinced  the 
same  spirit  which  hath  prompted  them  to  insist  on  a 
claim  so  extravagant,  so  repugnant  to  every  principle 
of  justice,  so  incompatible  with  the  general  welfare  of 
all  the  states,  will  urge  them  on  to  add  oppression  to 
injustice.  If  they  should  not  be  incited  by  a  superi- 
ority of  wealth  and  strength  to  oppress,  by  open  force, 
their  less  wealthy  and  less  powerful  neighbors,  yet  the 
depopulation,  and  consequently  the  impoverishment  of 


714  THE  GOVERNMENTAL    HISTORY  OP 

Part  IV.  the  revolutionary  union  of  the  colonies 

Thear-  those  states,  will  necessarily  follow,  which,  by  an  unfair 
confcdora-  Construction  of  the  confederation,  may  be  stripped  of  a 
tion  ill       common  interest  in,  and  the  common  benefits  derivable 

congress,     o  ^  o  ^       •      j.  tt* 

1778-8].  from,  the  western  country,  feuppose,  lor  instance,  V  n-- 
ginia,  indisputably  possessed  of  the  extensive  and  fer- 
Second  re-  tile  Country  to  which  she  has  set  up  a  claim,  what  would 
deiegales^^  be  the  probable  consequences  to  Maryland  of  such  an 
knd  M^'^^'  uii<li^turbed  and  undisputed  possession  ?  They  cannot 
1779       '  escape  the  least  discerning. 

"Virginia,  by  selling  on  the  most  moderate  terms  a 
small  portion  of  the  lands  in  question,  would  draw  into 
her  treasury  vast  sums  of  money,  and  in  proportion  to 
the  sums  arising  from  such  sales  would  be  enabled  to 
lessen  her  taxes :  Lands  comparatively  cheap  and  taxes 
comparatively  low  with  the  lands  and  taxes  of  an  ad- 
jacent state,  would  quickly  drain  the  state  thus  disad- 
vantageously  circumstanced  of  its  most  useful  inhab- 
itants ;  its  wealth,  and  its  consequence  in  the  scale  of 
the  confederated  states  would  sink  of  course. 
Claims  to  "A  claim  so  injurious  to  more  than  one-half,  if  not 
kSr"  ^^  ^^^^  whole,  of  the  United  States,  ought  to  be  supported 
by  the  clearest  evidence  of  the  right.  Yet  what  evi- 
dences of  that  right  have  been  produced  ?  What  argu- 
ments alledged  in  support  either  of  the  evidence  or  the 
right?  None  that  we  have  heard  of,  deserving  a  seri- 
ous refutation. 

"It  has  been  said  that  some  of  the  delegates  of  a 
neighboring  state  have  declared  their  opinion  of  the 
impracticability  of  governing  the  extensive  dominion 
claimed  by  that  state;  hence  also  the  necessity  was 
admitted  of  dividing  its  territory  and  erecting  a  new 
state,  imdcr  the  auspices  and  direction  of  the  elder, 
from  whom  no  doubt  it  would  receive  its  form  of  gov- 
ernment, to  whom  it  would  be  bound  by  some  alliance 
or  confederacy,  and  by  whose  councils  it  would  be  influ- 
enced: Such  a  measure,  if  ever  attempted,  would  cer- 
tainly be  opposed  by  the  other  states,  as  inconsistent 
with  the  letter  and  spirit  of  the  proposed  confederation, 


THE   UNITED   STATES   OP   AMERICA.  715 

UNDKR    THE    DECLARATION    OF    INDEPENDENCE.  PaRT    IV. 

should  it  take  place,  by  establishing  a  sub-confederacy,  The  arti- 
imperium  in  impcrio:     The  state  possessed  of  this  ex- eonfedora- 
tensive  dominion,  must  then  either  submit  to  all  the  ^'°"  "^ 

'  _  congress, 

inconveniences  of  an  overgrown  and  unwieldy  govern- 1778-81. 
ment,  or  suffer  the  authority  of  congress  to  interpose  at 
a  future  time,  and  to  lop  off  a  part  of  its  territory  to 
be  erected  into  a  new  and  free  state,  and  admitted  into 
the  confederation  on  such  conditions  as  shall  be  settled 
by  nine  states. 

"If  it  is  necessary  for  the  happiness  and  tranquillity 
of  a  state  thus  overgrown,  that  congress  should  here- 
after interfere  and  divide  its  territory,  why  is  the  claim 
to  that  territory  now  made  and  so  pertinaciously  insisted 
on?     We  can  suggest   to  ourselves  but  two  motives; 
either  the  declaration  of  relinquishing  at  some  future 
period  a  portion  of  the  country  now  contended  for,  was  Second  re- 
made to  lull  suspicion  asleep,  and  to  cover  the  designs  delegates 
of  a  secret  ambition ;   or  if  the  thought  was  seriously  |^^|j^  ^^^^' 
entertained,  the  lands  are  now  claimed  to  reaj)  an  imme- 1779. 
diate  profit  from  the  sale." 

"  We  are  convinced  policy  and  justice  require  that  a  Crown 

country  unsettled  at  the  commencement  of  this  war,  '"^^^^  ^°™' 

•'  ^  ^  '  mon  pro- 

claimed by  the  British  crown,  and  ceded  to  it  by  the  perty. 

treaty  of  Paris,  if  wrested  from  the  common  enemy  by 
the  blood  and  treasure  of  the  thirteen  states,  should  be 
considered  as  a  common  property,  subject  to  be  par- 
celed out  by  congress  into  free,  convenient,  and  inde- 
pendent governments,  in  such  manner  and  at  such 
times  as  the  wisdom  of  that  assembly  shall  hereafter 
direct.  Thus  convinced  we  should  betray  the  trust 
reposed  in  us  by  our  constituents,  were  we  to  authorize 
you  to  ratify,  on  their  behalf,  the  confederation,  unless  it 
be  further  explained :  We  have  coolly  and  dispassion- 
ately considered  the  subject ;  we  have  weighed  probable 
inconveniences  and  hardships,  against  the  sacrifice  of 
just  and  essential  rights,  and  do  instruct  you  not  to  agree  instructed 
to  the  confederation,  unless  an  article,  or  articles,  be°°*.  ^° 
added    thereto   in   conformity  with    our  declaration:  ^   ^' 


716  THE  GOVERNMENTAL   HISTORY  OP 

Part  IV.  the  revolutionary  union  of  the  colonies 

The  aiti-    Should  WO  succeed  in  obtaining  such  article,  or  articles, 

^ont'edera-  *^^^^^  ^^^  ^^"^  licrcby  fully  empowered  to  accede  to  the 

tiou  in       confederation." 

l776-8i!'  "  ^''^^^  these  our  sentiments  respecting  the  confedera- 
tion may  be  more  publicly  known  and  more  explicitly 
and  concisely  declared,  we  have  drawn  up  the  annexed 
declaration,  which  we  instruct  you  to  lay  before  con- 
gress ;  to  have  it  printed,  and  to  deliver  to  each  of  the 
delegates  of  the  other  states,  in  congress  assembled, 
copies  thereof,  signed  by  yourselves,  or  by  such  of  you 
as  may  be  present  at  the  time  of  the  delivery ;  to  the 
intent  and  purpose  that  the  copies  aforesaid  may  be 
communicated  to  our  brethren  of  the  United  States, 
and  the  contents  of  the  said  declaration  taken  into  their 

Second  re-gerious  and  candid  consideration.     Also  we  desire,  and 

port  by  the  ,  .  ,  ,  . 

delegates  instruct  you  to  move,  at  a  proper  time,  that  these  in- 
['■*'™  ^''y' structions  be  read  to  congress  by  their  secretary,  and 
111%.         entered  on  the  journals  of  congress. 

"  "We  have  spoken  with  freedom,  as  becomes  freemen  ; 
and  we  severally  wish,  that  these  our  representations 
may  make  such  an  impression  on  that  assembly  as  to 
induce  them  to  make  such  addition  to  the  articles  of 
confederation  as  may  bring  about  a  permanent  union. 

"A  true  copy  from  the  proceedings  of  December,  15th, 
1778. 

Test,        T.  DucHETT,  C.  H.  D." 


P    .,  The  delegates  from  the  colony  of  Connecticut  now  also 

powers  laid  before  congress  further  powers  relative  to  the  arti- 
port'of  cles  of  confederation,  which  were  read,  as  follows: 
delopatcs  u  gf^xE  OF  CONNECTICUT,  ss. :  At  a  General  Assembly 
necticut,  of  the  Governor  and  Company  of  the  state  of  Connecti- 
ggY' ^'^g^^^gcut  in  America,  holden  at  Hartford  by  special  order  of 
and  689.  the  governor  of  said  state,  on  Wednesday  the  seventh 
day  of  April,  anno  domini,  1779.         (l.  s.) 

"  It  appearing  to  this  assembly  to  be  essentially  nec- 
essary for  the  preservation,  safety,  independence  and 
sovereignty  of  the  United  States  of  America,  that  the 


THE   UNITED   STATES   OF    AMERICA.  717 

UNDf;R    TIIK    DKCLARATION    OF    INDEPENDKNCE.  PaRT    IV. 

articles  of  confederation  and  perpetual  union   be  ac-Thearti- 
ccdod  to,  ratified,  and  confirmed;  and  iv/iereas,  all  of  ^''^^.°^, 
the  said  states,  except  Maryland,  have  agreed  to  and  con-  tion  in 
firmed   said   articles  of  confederation,  and  Maryland  i7"y^y7.' 
hath  not  acceded  to  said  articles  as  drawn  up,  for  rea- 
sons heretofore  published ;  ajid  whereas  the  confedera- 
tion of  thirteen  states  may  not  be  considered  as  obliga- 
tory on  twelve  states  only  : 

^^ Resolved,  That  the  delegates  of  this  state  in  con-Empow- 
gress,  be  directed  and  empowered,  and  full  power  and  j'^j -fy  ^j^j^ 
authority  is  hereby  given  and  granted  to  the  said  dele-<?'even 

otlicrs 

gates,  in  the  name  and  behalf  of  this  state,  to  enter 
into,  ratify,  and  confirm,  said  articles  of  confederation 
and  perpetual  union,  with  the  states  of  New  Hamp- 
shire, Massachusetts  Bay,  Rhode  Island  and  Providence 
Plantations,  New  York,  New  Jersey,  Pennsylvania,  Dela- 
ware, Virginia,  North  Carolina,  South  Carolina,  and 
Georgia ;  in  the  most  full  and  ample  manner  ;  always 
provided  that  the  state  of  Maryland  be  not  thereby  ex- 
cluded from  acceding  to  the  confederation  at  any  time 
hereafter. 

"A  true  copy  of  record  examined  by 

George  Wyllys,  Secretary^ 


Thus  tardily  did  the  organization  of  the  United  States  Govern- 
into  a  permanent  confederacy  advance  towards  a  con- '"'^^"^^j^^jj 
summation.     Meanwhile,  the  Congress  went  on  in  the  and  powers 
administration  of  the  general  government  of  the  union,  °Jsg[^" 
without  any  other  investiture  of  authority  than  such 
as  was  derived  to  it  on  taking  up  arms  against  Great 
Britain,  and  under  the   declaration  of  independence ; 
while  the   pco})le   and  the  states  obeyed  its  mandates 
and  complied  with  its  requisitions,  without  even  once 
questioning  the  supremacy  of  its  power,  or  the  justice  itssu- 
of  its  jurisdiction.     Hence  its  own  state  papers  become  P'^^'"'^^^'  • 
the  best  illustration  of  its  paramount  control  over  the 
destinies  of  the   nation;  while  they  also  develop  the 
patient  care   and  solicitude,  the  wisdom,  ability,  and 
skill,  with  which  it  guarded  every  interest,  protected 


718  THE  GOVERNMENTAL   HISTORY  OP 

Part  IV.  the  revolutionary  union  of  the  colonies 

Second  every  right,  and  ultimately  harmonized  the  sympathies 
the  coii-°^  and  the  aims  of  a  various  constituency  into  one  grand 
gross,  to  brotherhood  of  Confederated  States.  In  this  view,  we 
on  public  ^6^d  with  a  lively  interest,  an  address  on  public  affairs, 
affairs,       ^^  n^jg  crisis  reported  to  the  congress,  bv  Mr.  Dickin- 

Muy,  17  Y9.  ■'  &         ?     j  ^ 

son^  Mr.  Duane,  and  Mr.  Drayton,  a  committee  ap- 
pointed to  prepare  the  same ;  which  being  read  and 
amended,  was  unanimously  adopted  on  the  twenty-sixth 
day  of  May,  1779,  as  follows,  to  wit : 

"To  THE  Inhabitants  of  the  United  States  op 
America. 

The  ira-  ^^ Friends  and  Countrymen :  The  present  situation  of 
of  \he  public  affairs  demands  your  most  serious  attention  ;  and 
crisis.  particularly  the  great  and  increasing  depreciation  of 
your  currency,  requires  the  immediate,  strenuous,  and 
united  efforts  of  all  true  friends  to  their  country,  for 
preventing  an  extension  of  the  mischiefs  that  have 
flowed  from  that  source. 

"America,   witliout   arms,   ammunition,    discipline, 
revenue,  government,  or  ally ;  almost  totally  stript  of 
commerce,  and  in  the  weakness  of  youth,  as  it  were 
with  a  '  staff  and  a  sling'  only,  dared  '  in  the  name  of 
the  Lord  of  Hosts'  to  engage  a  gigantic  adversary,  pre- 
pared  at   all   points,  boasting  of  his  strength,  and  of 
whom  even  mighty  warriors  '  were  greatly  afraid.'  " 
Expenses        ^^For  defraying-  the  expenses  of  this  uncommon  loar, 
of  the  war  yQ^^p  representatives  in  congress  were  obliged  to  emit 
by  paper    papcr  money ;  an  expedient  that  you  knew  to  have 
^^^^^'      been  before  generally  and  successfully  practiced  on 
this  continent :  They  were  very  sensible  of  the  incon- 
veniences with  which  too  frequent  emissions  would  be 
attended,  and  endeavored  to  avoid  them.      For  this 
purpose  they   established  loan  offices   so  early  as  in 
October,  1776,  and  from  that  time  to  this  repeatedly 
Financial    and  earnestly  solicited  you  to  lend  them  money  on  the 
embarrass- f-^l^  of  the  United  Statcs.     The  funds  received  on 

nicnt. 

loan  have  nevertheless  proved  inadequate  to  the  public 


THK   UNITED    STATES   OP   AMERICA.  719 

UNDER  THE  DECLARATION  OF  INDEPENDENCK.  PaRT  IV. 

exigencies.     Our  enemies  prosecuting  the  war  by  sea  Second 
and  land  with  implacable  fury,  and  with  some  success,  ^f  th^con- 
taxation  at  home  and  borrowing  abroad  in  the  midst  f^o^^  to  the 
of  difficulties  and  dangers,  were  alike  impracticable,  of  the 
Hence  the  continued  necessity  of  new  emissions.  ^'•.^•.-^\?" 

''  public  iu- 

"But  to  this  cause  alone  we  do  not  impute  the  evil  fairs,  May, 
before  mentioned.     We  have  too  much  reason  tobc-^*^^^" 
Heve  it  has  been  in  part  owing  to  the  artifices  of  men 
who  have  hastened  to  enrich  themselves  by  monopo- 
lizing the  necessaries  of  life,  and  to  the  misconduct  of 
inferior  officers  employed  in  the  public  service. 

"  Tfic  variety  and  importance  of  the.  business  entrusted  Neglect  of 
to  your  delegates,  and  their  constant  attendance   in  ^.Q^j|,p^jy° 
congress,  necessarily  disables  them  from  investigating  with  its  re- 
disorders  of  this  kind.     Justly  apprehensive  of  them, 
they  by  their  several  resolutions  of  the  twenty-second 
Novem))er  and  twentieth  December,  1777,  and  of  the 
third  and  ninth  of  February,  1778,  recommended  to 
the  legislative  and  executive  powers  of  these  states,  a 
due  attention  to   these  interesting  affairs.      How  far 
these  recommendations  have  been  complied  with,  we 
will  not  undertake  to  determine:  But  we  hold  our- 
selves bound  in  duty  to  you  to  declare,  that  we  are  not 
convinced  there  has  been  as  much  diligence  used  in 
detecting  and  reforming  abuses,  as  there  has  been  in 
committing  or  complaining  of  them. 

"  With  regard  to  monopolizers,  it  is  our  opinion  that  Monopo- 
taxes  judiciously  laid  on  such  articles  as  become  the  ^^^'^^• 
objects  of  engrossers,  and  those  frequently  collected, 
would  operate  against  the  pernicious  tendency  of  such 
practices. 

'■'■As  to  inferior  officers  employed  in  the  public  service,  conduct 
we  anxiously  desire  to  call  your  most  vigilant  attention  of  p^ibiic 

.  "^  °  officers. 

to  their  conduct  with  respect  to  every  species  of  misbe- 
haviour, whether  proceeding  from  ignorance,  negli- 
gence, or  fraud  ;  and  to  the  making  of  laws  for  inflict- 
ing exemplary  punishment  on  all  offenders  of  this 
kind. 


'20 


THE   GOVEKNMENTAL    HISTORY   OP 


Part  IV. 


THE  RKVOLUTIONARY  UNION  OF  THE  COLONIES 


Second 

address 
of  the  con- 
gress to  the 
inhabitants 
of  the 
U.  S  A.  on 
pubhc  af- 
I'ah's,  May, 


Errors  in 
the  ope- 
ration? of 
landhold- 
ers. 


Reliance 
upon  the 
people  and 
the  states. 


"  We  are  sorry  to  hear^  that  some  persons  are  so 
slightly  informed  of  their  own  interests  as  to  suppose 
that  it  is  advantageous  to  sell  the  produce  of  their 
farms  at  enormous  prices,  when  a  little  reflection 
might  convince  them  that  it  is  injurious  to  those  inter- 
ests and  the  general  welfare.  If  they  expect  thereby 
to  purchase  imported  goods  cheaper,  they  will  be  egre- 
giously  disappointed ;  for  the  merchants,  who  know 
they  cannot  obtain  returns  in  gold,  silver,  or  bills  of 
exchange,  but  that  their  vessels,  if  loaded  here  at  all, 
must  be  loaded  with  produce,  will  raise  the  price  of 
what  they  have  to  sell,  in  proportion  to  the  price  of 
what  they  have  to  buy ;  and  consequently  the  land- 
holder can  purchase  no  more  foreign  goods  for  the 
same  quantity  of  his  produce  than  he  could  before. 

"  The  evil,  hoivcver,  does  not  stop  at  this  point.  The 
landholder,  by  acting  on  this  mistaken  calculation,  is 
only  labouring  to  accumulate  an  immense  debt  by 
increasing  the  public  expenses,  for  the  payment  of 
which  his  estate  is  engaged  ;  and  to  embarrass  every 
measure  adopted  for  vindicating  his  liberty  and  secur- 
ing his  prosperity.  As  the  harvests  of  this  year,  which  . 
by  the  Divine  goodness  promise  to  be  plentiful,  will 
soon  be  gathered,  and  some  new  measures  relating  to 
your  foreign  concerns,  with  some  arrangements  relat- 
ing to  your  domestic,  are  now  under  consideration, 
from  which  beneficial  effects  are  expected,  we  entertain 
hopes  that  your  affairs  will  acquire  a  much  greater  de- 
gree of  regularity  and  energy  than  they  have  hitherto  had. 

^'■But  loe  should  be  highly  criminal,  if  we  did  not 
plainly  tell  you  that  these  hopes  are  not  founded 
wholly  upon  our  own  proceedings.  These  must  be 
supported  liy  your  virtue,  your  wisdom,  and  your  dili- 
gence. From  the  advantage  of  those  scats  in  the 
national  council  with  which  yoii  have  honored  us,  we 
have  a  pleasing  prospect  of  many  blessings  approaching 
this  our  native  land.  It  is  your  patriotism  must  intro- 
duce and  fix  them  here. 


THE   UNITED    STATES   OF   AMERICA.  721 

UNDKR    THE    DECLARATION    OF    INDEPENDENCE.  PaRT    IV. 

"/w  vain  ivill  it  be  for  your  delegates  to  form  plans  Second 
of  economy,  to  strive  to  stop  a  continuation  of  ©mis- ^j^^^^^^^^  *^^ 
sions  by  taxation  or  loan,  if  you  do  not  zealously  co-S''fis«fothc 
operate  with  them  in  promoting  their  designs,  and  use  of  the 
your  utmost  industry  to  prevent  the  waste  of  money  in  ^•^■.  ^- ^"^ 
the  expenditure,  which  your  respective  situations  in  fairs,  May, 
the  several  places  where  it  is  expended,  may  enable 
you  to  do.     A  discharge  of  this  duty,  and  a  compliance  They  must 
with    recommendations    for  supplying  money,  might  ^^^^^'^'^'''^*^ 
enable  congress  to  give  speedy  assurances  to  the  public  ^ess. 
that  no  more  emissions  shall  take  place,  and  thereby 
close  that  source  of  depreciation. 

"  Your  governments  being  now  established,  and  your 
ability  to  contend  with  your  invaders  ascertained,  we 
have,  on  the  most  mature  deliberation,  judged  it  indis- 
pensably necessary  to  call  upon  you  for  forty-five  mil-  Call  for 
lions  of  dollars,  in  addition  to  the  fifteen  millions  °^^°^^' 
required  by  a  resolution  of  congress  of  the  second  of 
January  last ;  to  be  paid  into  the  continental  treasury 
before  the  first  day  of  January  next,  in  the  same  pro- 
portion, as  to  the  quotas  of  the  several  states,  with 
that  for  the  said  fifteen  millions. 

"/^  appeared  proper  to  us,  to  fix  the  first  day  of  Janu- Necessity 
ary  for  the  payment  of  the  whole  ;  but  as  it  is  probable  credit  t(f 
that  some  states,  if  not  all,  will  raise  part  of  the  sums  tbe  cur- 
by   installments,  or   otherwise,  before   that   time,   we'^'^^'^^' 
recommend  in  the  strongest   manner  the   paying  as 
much  as  can  be  collected  as  soon  as  possible  into  the 
continental  treasury.     Though  it  is  manifest  that  mod- 
erate taxation  in  times  of  peace  will  recover  the  credit 
of  your  currency,  yet  the  encouragement  which  your 
enemies  derive  from  its  depreciation,  and  the  present 
exigencies,  demand  great  and  speedy  -exertions. 

"H^e  are  persuaded  yow  will  use  all  possible  care  to  From  mo- 
make  the  promotion  of  the  general  welfare  interfere  ^^^^j^^^^^"* 
as  little  as  may  be  with  the  ease  and  comfort  of  indi-  justice  and 
viduals :   Bnt  though  the  raising  these  sums  should  ^"^^' 
press  heavily  on  some  of  our  constituents,  yet  the  obli- 
46 


722  THE   GOVERNMENTAL  HISTORY   OF 

Part  IV.  the  revolutionary  union  of  the  colonies 

Second  gatioiis  WG  feel  to  your  venerable  clergy,  the  truly 
the^co^n-^^  lielplcss  wiclows  and  orphans,  your  most  gallant,  gen- 
gresstothe  erous,  mcritorious  officers  and  soldiers,  the  public  faith 

inhabitants        ,   ,,  ■,  .  •    ,-i  i  ±        j.i  j. 

of  the  ^1^^  the  common  weal,  so  irresistibly  urge  us  to  attempt 
u.  S.  A.  on  ii^Q  appreciation  of  your  currency,  that  we  cannot  with- 

jiublic  af-  ^  ^  ,       .       .  .  ^     • 

lairs,  May,  hold  obedicnce  to  those  authoritative  sensations :  Un 
^'^^^'        this  subject  we  will  only  add,  that  as  the  rules  of  jus- 
tice are  most  pleasing  to  our  infinitely  good  and  gra- 
cious Creator,  and  an  adherence  to  them  most  likely 
'"to  obtain  His  favor,  so  they  will  ever  be  found  to  be 
the  best  and  safest  maxims  of  human  policy. 

"  To  our  constituents  ive  submit  the  propriety   and 
purity  of  our  intentions,  w^ell  knowing  they  will  not 
forget  that  we  lay  no  burthens  upon  them,  but  those 
Cares  and  jq  which  WO  participate"  with  them — a  happy  sympathy, 
of  the        that  pervades  societies  formed  on  the  basis  of  equal 
congress,    liberty.     Many  cares,  many  labours,  and  may  we  not 
add,  reproaches,  are  peculiar  to  us.     These  are  the 
emoluments  of  our  unsolicited  stations  ;  and  with  these 
we  are  content  if  you  approve  our  conduct.     If  you 
do  not,  we  shall  return  to  our  private  condition  with 
no  other  regret,  than  that  which  will  arise  from  our  not 
having  served  you  as  acceptably  and  essentially  as  we 
wished   and    strove  to   do,  though  as  cheerfully  and 
faithfully  as  we  could. 
Hopeful-        '-'■  Think  not  loe  despair  oi  the  commonwealth,  or  en- 
ness  of      deavor  to  shrink  from  opposing  difficulties.     No  ;  your 
cause  is  too  good,  your  objects  too  good,  to  be  relin- 
quished.    We  tell  you  truths,  because  you  are  freemen 
who  can  bear  to  hear  them  and  may  profit  by  them  ; 
and  when  they  reach  your  enemies,  we  fear  not  the 
consequences,  because  we  are  not  ignorant  of   their 
^    resources  or  our  own.     Let  your  good  sense  decide 
upon  the  comparison.     Let  even  their  prejudiced  un- 
derstandings decide  upon  it,  and  you  need  not  be  ap- 
prehensive of  the  determination. 

*'  Whatever  supposed  advantages  from  plans  of  rapine, 
projects  of  blood,  or  dreams  of  domination,  may  here- 


THE   UNITED    STATES   OF   AMERICA.  723 

UNDER    THK    DECLAIiATION    OF    INDEPENDENCE.  I'.VltT    IV. 

toforc  have  aroused  their  inflamed  fancies,  the  conduct  Second 
of  one  monarch,  the  friend  and  protector  of  the  rights  ^j-  ^^^^ 
of  mankind,  has  turned  the  scale  so  much  against  them  congress 
that  their  visionary  schemes  vanish  as   the  unwhole-  u.  s.  A.  on 
some  vapors  of  night  before  the  healthful  influence  of  l"!^''^,^^' 

'■  °  lairs,  May, 

the  sun.  itvj. 

"./l/^   alliance   has   been  formed    between   his   Most  The 
Christian  Majesty  and  these  states,  on  the  basis  of  the  nl^^l^ 
most  perfect  equality,  for  the  direct  end.  of  maintaining 
effectually  their  liberty,  sovereignty,  and  independence, 
absolute  and  unlimited  as  well  in  matters  of _  govern- 
ment as  of  commerce."  * 

"  The  conduct  of  our  good  and  great  Ally  towards  us,  *  First  offl- 
in  this  instance  and  others,  has  so  fully  manifested  his  cation  of 
sincerity  and  kindness  as  to  excite,  on  our  part,  corres- ^''*^ '^'^^^^^ 

•'  .  '  ^  .      '  the  treaty. 

pendent  sentiments  of  confidence  and  affection. 

"  Observing-  the  interests  of  his  kinffdam,  to  which 
duty  and  inclination  prompted  his  attention,  to  be  con- 
nected with  those  of  America,  and  the  combination  of 
both  clearly  to  coincide  with  the  beneficent  designs  of 
the  Author  of  Nature,  who  unquestionably  intended 
men  to  partake  of  certain  rights  and  portions  of  hap- 
piness, his  majesty  perceived  the  attainment  of  these 
views  to  be  founded  on  the  single  proposition  of  a  sep- 
aration between  America  and  Great  Britain. 

"T//e  resentment  and  confusion  of  your  enemies  wiH 
point  out  to  you  the  ideas  you  should  entertain  of  the 
magnanimity  and  consummate  wisdom  of  his  Most 
Christian  Majesty  on  this  occasion.  They  perceive,  that 
selecting  this  grand  and  just  idea  from  all  those  spe- 
cious ones,  that  might  have  confused  or  misled  inferior  ' 
judgment  or  virtue,  and  satisfied  with  the  advantages  its  founda- 

which   must   result   from    that    event   alone,   he   has  *",?"  ^^,** 
^  '  cnaracter. 

cemented  the  harmony  between  himself  and  these  states, 
not  only  by  establishing  a  reciprocity  of  benefits,  but 
by  eradicating  every  cause  of  jealousy  and  suspicion. 

"  The//  also  perceive  with  similar  emotions,  that  the 
moderation  of  an  Ally,  in  not  desiring  an  acquisition 


724  THE   GOVERNMENTAL    HISTORY   OP 

Part  IV.  the  rkvolutionary  union  of  the  colonies. 

Second      of  dominion  on  this  continent,  or  an  exclusion  of  other 
address      nations  from  a  share  of  its  commercial  advantaacs,  so 

of  trie  °      ' 

congress    uscful  to  them,  lias   given  no  alarm  to  those  nations, 
U.  s  A.  on  ^^^t  ^^  f'^^^  ^^^^  interested  them  in  the  accomplishment 
public  af-   of  his  generous  undertaking  to  dissolve  the  monopoly 
i'77<j.      '  thereof  by  Great  Britain,  which  has  already  contrib- 
uted to  elevate  her  to  her  present  power  and  haughti- 
ness, and  threatened,  if  continued,  to  raise  both  to  a 
height  insupportable  to  the  rest  of  Europe. 
Its  effect        "//i  short  their  own  best  informed  statesmen  and 
"atrlir     "writers  confess  that  your  cause  is  exceedingly  favored 
by  courts  and  people  in  that  quarter  of  the  world, 
while  that  of  your  adversaries  is  equally  reprobated ; 
and  from  thence  draw  ominous  and  well  founded  con- 
clusions that  the  final  event  must  prove  unfortunate  to 
the  latter.     Indeed  we  have  the  best  reason  to  believe 
that  we  shall  soon  form  other  alliances,  and  on  prin- 
ciples honorable  and  beneficial  to  these  states. 
Weaknesa       '•'' Infatuated  as  your  enemies  have  been  from  the  begin- 
ration^ot^*^"  iiii^o  o^  this  coutcst,  do  you  imagine  they  can  now  flat- 
tbe  enemy,  ter  themsclves  with  a  hope  of  conquering  you,  unless 
you  are  false  to  yourselves  ?     When,  unprepared,  imdis- 
ciplincd,  and  unsupported,  you  opposed  their  fleets  and 
armies  in  full  conjoined  force,  then,  if  at  any  time,  was 
conquest   to    be    apprehended.       Yet   what    progress 
towards  it  have  their  violent  and  incessant  efforts  made  ? 
Judge  from  their  own  conduct.     Having  devoted  you 
to  bondage,  and  after  vainly  wasting  their  blood  and 
treasure  in  the  dishonorable   enterprise,  they  deigned 
at  length  to  offer  terms  of  accommodation  with  respect- 
ful addresses,  to  that  once  despised  body,  the  congress  ; 
The  terms  whose  humble  supplications  only  for  peace,  liberty,  and 
ktion"of-"   safety,  they  had  contemptuously   rejected,  under  pre- 
^^i"}'!'  ''\     tcnce  of  its  being  an  unconstitutional  assembly.     Nay 
more,  desirous  of  reducing  you  into  a  deviation  from 
the  paths  of  rectitude,  from  which  they  had  so  far  and 
so  rashly  wandered,  they  made  most  specious  offers  to 
tempt  you  into  a  violatiou  of  your  faith  given  to  your 


congre.^^ 


THE   UNITED   STATES   OF   AMERICA.  72o 

rXDKU    THE    IiECLAUATlON    OF    INI]f:PKNr)ENCE.  PaKT    IV. 

illustrious  ally.     Their  arts  were  as  unavailing  as  their  Second 

■    ^'■Foiled  again  and  stunff  vnth  rage,  embittered  by  congress 

envy,  they  had  no  alternative  but  to  renounce  the  haidtauts' 

inglorious  and  ruinous  controversy,  or  to  resume  their  ?f  }Y'^^ 

°  T         /.  L.S.  A.  on 

former  modes  of  prosecuting  it.     They  chose  the  latter,  public  af- 

Again  the  savages  are  stimulated  to  horrid  massacres  j^^'^g'     ^^' 

of  women  and  children,  and  domestics  to  the  murder  Enlistment 

of  their  masters.     Again  our  brave  and  unhappy  breth-  ^^^^g*^  ^*^' 

ren  are  doomed  to  miserable  deaths  in  gaols  and  pris- niinistry. 

on-ships.     To  complete  the  sanguinary  system,  all  the 

'  extremities  of  war '  are  by  authority  denounced  against 

you. 

^'■Piously  endeavor  to  derive  this  consolation  from  -A^"  onien 
their  remorseless  fury,  that  '  the  Father  of  mercies ' 
looks  down  with  disapprobation  on  such  audacious  defi- 
ances of  his  holy  laws ;  and  be  further  comforted  with 
recollecting,  that  the  arms  assumed  by  you  in  your 
righteous  cause  have  not  been  sullied  by  any  unjustifi- 
able severities. 

"  Your  enemies  despairing,  however,  as  it  seems,  of  Tactics  of 
the  success  of  their  united  forces  against  our  main  *^^  *^"^™^' 
army,  have  divided  them,  as  if  their  design  was  to 
harass  you  by  predatory,  desultory  operations.  If  you 
are  assiduous  in  improving  opportunities,  Saratoga  may 
not  be  the  only  spot  on  this  continent  to  give  a  new 
denomination  to  the  baffled  troops  of  a  nation,  impi- 
ously priding  herself  in  notions  of  her  omnipotence. 

'■'■Rouse  yourselves,  therefore,  that  this  campaign. may 
finish  the  great  work  you  have  so  nobly  carried  on  for 
several  years  past.     What  nation  ever  engaged  in  such 
a  contest,  under  such  a  complication  of  disadvantages.  Past  sue- 
so  soon  surmounted  many  of  them,  and  in  so  short  a  ^'"^^^  ^'"*'^*' 

•'        ,  '  gos    iiiture 

period  of  time  had  so  certain  a  prospect  of  a  speedy  triumph. 
and  happy  conclusion  ?     We  will  venture  to  pronounce 
that  so  remarkable  an  instance  exists  not  in  the  annals 
of  mankind.     We  well  remember  what  you  said  at  the 
commencement  of  this  war.     You  saw  the  immense 


720  THE   GOVERNMENTAL    HISTORY   OF 

Part  IV.  the  revolutionary  union  of  the  colonies 

Second  difiereiice  between  your  circumstances  and  those  of 
of  the*  your  enemies,  and  you  knew  the  quarrel  must  decide 
congress    qu  no  Icss  than  your  lives,  liberties,  and  estates  :  All 

to  the  in-  i  ,    ,  i  t  i    • 

habitants  tucsc  you  greatly  put  to  every  hazard,  resolving  rather 
?f  5,''°       to  die  freemen  than  to  live  slaves ;  and  iustice  will 

U.  S.  A.  on         _  ^  _  'J 

public  af-    oblige  the  impartial  world  to   confess  you  have  uni- 
IT'X    "^^ '  foi'ii^ly  acted  on  the  same  generous  principle.     Consider 
how  much  you  have  done,  and  how  comparatively  little 
remains  to  be  done  to  crown  you  with  success.     Perse- 
vere;   and  you  ensure  peace,  freedom,  safety,  glory, 
sovereignty,  and  felicity  to  yourselves,  your  children, 
and  your  children's  children. 
Reliance         ^''Encouraged  by  favors  already  received  from  infinite 
dencer^"   goodness,    gratefully    acknowledging   them,  earnestly 
imploring  their  continuance,  constantly  endeavoring 
to  draw  them  down  on  your  heads  by  an  amendment 
of   your  lives,  and  a  conformity  to   the   divine  will, 
humljly  confiding  in  the  protection  so  often  and  won- 
derfully  experienced,  vigorously    employ   the   means 
placed  by  Providence  in  your  hands,  for  completing 
your  labours. 
Final  "Fi7/ «/?  your  battalions  ;  be  prepared  in  every  part 

^^  ■  to  repel  the  incursions  of  your  enemies ;  place  your 
several  quotas  in  the  continental  treasury ;  lend  money 
for  public  uses ;  sink  the  emissions  of  your  respective 
states ;  provide  effectually  for  expediting  the  convey- 
ance of  supplies  for  your  armies  and  fleets,  and  for 
your  allies ;  prevent  the  produce  of  the  country  from 
being  monopolized  ;  effectually  superintend  the  behav- 
iour of  public  officers ;  diligently  promote  piety,  virtue, 
brotherly  love,  learning,  frugality,  and  moderation ;  and 
may  you  be  approved  before  Almighty  God  worthy  of 
those  blessings  we  devoutly  wish  you  to  enjoy. 

"  Done  in  Congress^  by  unanimous  consent,  the 
26th  day  of  May,  One  thousand  seven  hund- 
red and  seventy-nine. 
♦  Journals  JoHN  Jay,  President. 

gress.' '         "  Attest,        Charles  Thomson,  Secretary y* 


THE   UNITED   STATES   OF   AMERICA.  727 

UNDER    THE    DECLARATION    OP    INDEPENDENCE.  PaRT    IV. 

That  the  proposition  contained   in  the    articles   of  The  crisis 
confederation,  submitted  by  the  congress  to  the  several  ?*/'^'',V*^'^" 

'  >i  o  Ifueration, 

states  for  ratification,  was  not  an  appeal  to  them  to  1779-81. 
accede  to  a  general  union,  is  evident  not  only  from  the 
fact  that  they  were  already  united,  but  also  from  the  See  p.  738. 
further  fact  that  each  state  continued  to  be  represented 
in  the  congress,  notwithstanding  its  objections  to  the 
proposed  articles,  and  its  refusal  to  ratify  them.     The 
question,  therefore,  of  a  secession  from,  or  an  accession 
to,  the  union,  was  not  even  thought  of  in  any  of  their 
deliberations  on  the  subject,  whether  in  or  out  of  con- Secession 
gross.     The    simple    and  only   material  consideration  thought  of. 
was,  shall  the  union  already  existing  be  made  perpet- 
ual?    If  made  pei'petual,  shall  it  be  made  so  under 
the  proposed  articles  of   confederation  ?     And  while 
each  of  the  United  Colonies,  or  States,  was  earnestly 
desirous  to  perpetuate  the  league  itself,  it  might  well 
and  wisely  hesitate  and  deliberate  before  it  gave  to  the  The  com- 
covenant  the  seal  of  perpetuity,  if  it  were  not  entirely  ^^'^^  ^i  ^^' 
precluded  by  the  already  existing  compact  under  the  ence,  and 
declaration  of  independence.     The  canceling  of  that,  posed^^c'on- 
indeed,  might  be  one  of  the  very  essential  steps  neces- federation, 
sary  to  give  validity  to  any  new  compact  of  union,  and 
to  stamp  upon  it  the  conditions,  character,  and  assur- 
ances of  permanency.     It  cannot  be  supposed,  and  it 
was  not  in  fact  so,  that  any  one  of  the  colonies  was 
ready  to  rush  upon  the  perilous  alternative  of  seces- 
sion, dependence  upon  the  crown  of  Great  Britain. 
They  could  not  so  stultify  their  own  solemn  declara- 
tions.     Yet   there  was   no  neutral,  no    intermediate 
ground  to  stand  upon.     The  colony  that  seceded  must 
necessarily  become  subject  to  the  parent  power,  and 
cease  to  be  a  party  to  the  treaty  with  France,  if  indeed 
that    treaty  were  not  violated  and  rendered   wholly 
nugatory  by  any  such  act  of  secession. 

Why  not  then  make  the  union  perpetual?     The  re- secession 
monstrance  of   Maryland  itself   shows    how  hopeless  ^^^*' 
they  considered  it,  and  how  reckless  would  have  been 


728  THE   GOVERNMENTAL    HISTORY   OF 

Part  IV.  the  retolctionary  union  of  the  colonies 

_^ » 

The  crisis   the  effort  for  any  one  state  to  maintain  a  separate  indc- 

JjIj^.j^Jy^'pendence,  even  with  reference  to   the    other  states; 

1779-81.    much  more  so  in  its  relations  with  Great  Britain,  and 

perhaps  even  with  France  ;  while  at  the  same  time  it 

discloses  the  insidious  policy  which  was  at  work  to 

promote  discord  and  dissension  among  the  people  of 

the  several  states. 

Effect  of        The  whole  British  nation  was  amazed  and  paralyzed 

Luancc'^n  ^7  ^^^^  alliance  with  France.     The  ministry  had  heen 

England,    all  along  assuring  parliament  and  the  people  that  it  was 

an  impossibility  ;  and  when  it  became  known  as  a  fact, 

they  were  utterly  astounded  and  stupefied  by  the  an- 

*  See  J.  nouncement.*  While  they  were  thus  losing  the  confi- 
Debrett's  deiico  of  tlicir  owii  adherents  at  home,  their  power 
meutary  was  Weakened  by  the  terrible  defeat  of  their  armies  in 
Debates,     j^nierica ;  and  parliament  began  to  talk  seriously  of 

abandoning  the  contest,  and  conceding  the  independ- 
ence of  the  American  Colonies. 
Hostility        Hencc  the  only  hope  left  to  the  king  and  his  evil 
of  minis-    eounselors,  was  to  sever  their  union  ;  so  that  when  the 

try  to  the  '  ' 

confedera-  proposition  to  make  that  union  more  perfect  and  per- 
petual, transpired  in  England,  the  emissaries  and  hire- 
lings of  a  desperate  and  infuriated  administration  were 
sent  over  to  accomplish  if  possible  the  work  of  scver- 
Attempts   ance  and  discord.      Designing  men,  thus   instigated, 
its  ratifi-    began  to  flatter  the  people  of  some  of  the  colonies 
cation.       ^1^1^  ^i^g  •  jgg^  Q^  j^j^  independence  which  might  be  en- 
joyed in  severalty.     In  others  they  urged  the  impossi- 
bility of  success  under  the  general  difficulties,  and  pe- 
cuniary embarrassments,  which  were  now  crippling  the 

*  See  the  operations  of  the  congress,*  and  throwing  upon  the 
drtss^of  colonies,  as  members  of  the  general  union,  obligations 
the  con-  and  responsibilities  from  which,  they  urged,  it  would 
page  6*63.^'  b^  impossible  ever  to  extricate  themselves.  It  was  at 
Post,  p.      this  crisis  that  that  distinguished  patriot,  John  Jay, 

^^'  then  the  president  of  that  body,  laid  before  the  con- 

gress the   draft  of  a  circular  letter,  which  was  read 
twice,  and  unanimously  agreed  to,  as  follows : 


THE   UNITED    STATES   OF   AMERICA.  729 


UNDER   THE    DECLARATION    OF    INDKPENDENCK.  I'aRT    IV. 

"  Circular  Letter  of  the  Congress  of  the  United  tho  crisis 
States  of  Ajmerica  to  their  Constituents,  on        ?.^}^^^  9''°" 

'  lederation, 

Public  Affairs,  September  13th,  1779.  nvy-si. 

"^^ Friends  and  Felloiu  Citizens : 

"In  governments  raised  on  the  generous  principles  Circular 
of  equal  liberty,  where  the  rulers  of  the  state  are  the  [j^"*^'"  ^"^^^ 
servants  of  the  people,  and  not  the  masters  of  those  gress  to 
from  whom  they  derive  authority,  it  is  their  duty  to  stituents°' 
inform  their  fellow-citizens  of  the  state  of  affairs,  and  ^^pt.  isth, 
by   evincing   the   propriety  of  public  measures,  lead 
them  to  unite  the  influence  of  inclination  to.  the  force 
of  legal  obligation  in  rendering  them  successful.     This 
duty  ceases  not  even  in  times  of  the  most  perfect  peace.  The  duty 
order,  and  tranquillity,  when  the  safety  of  the  common-  [^^  aftee^ 
wealth  is  neither  endangered  by  force  or  seduction  govem- 
from  abroad ,  or  by  faction,  treachery,  or  misguided 
ambition  from  within.     At  this  season,  therefore,  we 
find  ourselves  in  a  particular  manner  impressed  with  a 
sense  of  it,  and  can  no  longer  forbear  calling  your 
attention  to  a  siibject  much  misrepresented,  and  re- 
specting which  dangerous  as  well  as  erroneous  opin- 
ions have  been  held  and  propagated:  we  mean  your 
finances. 

.  "  The  ungrateful  despotism  and  Inordinate  lust  of  The  finan- 
domination,  which  marked  the  unnatural  designs  of  ^^^.  °^  *^^ 

union. 

the  British  king  and  his  venal  parliament  to  enslave 
tiic  people  of  America,  reduced  you  to  the  necessity 
of  either  asserting  your  rights  by  arms,  or  ingloriously 
passing  under  the  yoke.  You  nobly  preferred  war. 
Armies  were  then  to  be  raised,  paid,  and  supplied ; 
money  became  necessary  for  these  purposes.  Of  your 
own  there  was  but  little,  and  of  no  nation  in  the  world 
could  you  then  borrow.  The  little  that  was  spread 
among  you  could  be  collected  only  by  taxes,  and  to 
this  end  regular  governments  were  essential ;  of  these 
you  were  also  destitute.  So  circumstanced,  you  had 
no  other  resource  but  the  natural  value  and  wealth  of 


730  THE  GOVERNMENTAL    HISTORY   OF 

. — _ • -^-_^^^_^^— _— ^^_ 

Part  IV.        thk  retolutionary  cnion  of  thk  colonies 

The  crisis  your  fertile  country.  Bills  were  issued  on  the  credit 
federatioii"  ^^  *^^^^  bank,  and  1/our  faith  was  pledged  for  their  re- 
1119-81.  demption.  After  a  considerable  number  of  these  had 
ktter'of  circulated,  loans  were  solicited,  and  offices  for  the  pur- 
tiie  con-  pose  established.  Thus  a  national  debt  was  unavoid- 
thdr  con-  ^bly  Created,  and  the  amount  of  it  is  as  follows: 

Sept.  I3tb,  Bills  emitted  and  circulating,  .  .  .  $159,948,880. 
^'*^'^^'         Monies   borrowed   before   the   1st  ^ 

of  March,  1778,  the  interest  of  >  |7,545,196f  iths. 

which  is  payable  in  France,  J 

Monies  borrowed  since  the  1st  of  ^ 
The  na-         March,  1778,  the  interest  of  which  V|26,188,909  dolls. 

tionaldebt.       .■,■,■,  t 

IS  payable  here,         .         .         .J 

Money   due    abroad,   not   exactly 

known,  the  balances  not  havmg   .     ^ .  „^^  ^^^ 
been   transmitted,  supposed  to 
be  about  ..... 
^^For  your  further  satisfaction  we  shall  order  a  par- 
ticular account  of  the  several  emissions,  with  the  times 
limited  for  their  redemption ;  and  also  of  the  several 
loans,  the  interest  allowed  on  each,  and  the  terms  as- 
signed for   their  payment,  to  be   prepared  and  pub- 
lished. 
Revenue        "  27^6  taxes  have  as  yet  brought  into  the  treasury  no 
received  ^^i^^^   $3,027,560;    SO  that  all  the   monies   sup- 

on  taxes.  -I       /.  • 

plied  to  congress  by  the  people  of  America,  amount  to 

no  more  than  36,761,665   dollars  and  67-90ths ;  that 
being  the  sum  of  the  loans  and  taxes  received.     Judge 
then  of  the   necessity  of  emissions,  and  learn   from 
whom  and  from  whence  that  necessity  arose. 
Bills  of  "  We  are  also  to  inform  you,  that  on  the  first  day  of 

^r^f\  ^^™"  September  instant  we  resolved  '  that  we  would  on  no 
$200,000,-  account  whatever  emit  more  bills  of  credit  than  to 
^^^'  make  the  whole  amount  of  such  bills  two  hundred  mill- 

ions of  dollars ; '  and  as  the  sum  emitted  and  in  circu- 
lation amounted  to  159,948,880  dollars,  and  the  sum 
of  40,051,120  dollars  remained  to  complete  the  two 


THE   UNITED    STATES   OF   AMERICA.  731 

UNDER  THE  DECLARATION  OF  INDEPENDENCE.  PaRT  IV. 

» 

hundred  million  above  mentioned,  we  on  the  third  day  The  crisis 
of  September  instant  further  resolved  '  that  we  would  federation' 
emit  such  part  only  of  the   said   sum  of  40,051,120  n79-8i. 
dollars,  as  should  be  absolutely  necessary  for  public  j^"j.^"^^^ 
exigencies  before  adequate  supplies  could  otherwise  be  the  con- 
obtained,  relying  for  such  supplies  on  the  exertions  of  fhei^i!.  con- 
the  several  states.'  stituents 

'■^Exclusive  of  the  great  and  ordinary  expenses  inci- 1779. 
dent  to  the  war,  the  depreciation  of  the  currency  has 
so  swelled  the  prices  of  every  necessary  article,  and  of 
consequence  made  such  additions  to  the  usual  amount 
of  expenditures,  that  very  considerable  supplies  must 
be  immediately  provided  by  loans  and  taxes ;  and  we  Loans  and 
unanimously  declare  it  to  be  essential  to  the  welfare  essary"^'^" 
of  these  states,  that  the  taxes  already  called  for  be  paid 
into  the  continental  treasury  by  the  time  recommended 
for  that  purpose.     It   is  also  highly  proper  that  you 
should  extend  your  views  beyond  that  period,  and  pre- 
pare in  season  as  well  for   bringing   your   respective 
quotas  of  troops  into  the  field  early  the  next  campaign, 
as  for  providing  the  supplies  necessary  in  the  course  of 
it.     We  shall  take  care  to  apprize  you,  from  time  to 
time,  of  the  state  of  the  treasury,  and  to  recommend 
the  proper  measures  for  supplying  it.     To  keep  your  Duties  of 
battalions  full,  to  encourage  loans,  and  to  assess  your  \^<^\^q  ^^ 
taxes  with  prudence,  collect  them  with  firmness,  and  premises. 
pay  them  with  punctuality,  is  all  that  will  be  requisite 
on  your  part.     Further  ways  and  means  of  providing 
for  the  public  exigencies  are  now  under  consideration, 
and  will  soon  be  laid  before  you. 

'•'-Having  thus  given  you  a  short  and  plain  statement  The  depre- 
of  your  debt,  and  pointed  out  the  necessity  of  punctu- the\Tr-^^ 
ality  in  furnishing  the  supplies  already  required,  we^^^^^y- 
shall  proceed  to  make  a  few  remarks  on  the  deprecia- 
tion of  the  currency,  to  which  we  entreat  your  atten- 
tion. 

"  Tlie  depreciation  of  hills  of  credit  is  alvmys  either 
natural  or  artificial,  or  both.     The  latter  is  our  case. 


732  THE   GOVERNMENTAL   HISTOKY   OP 

Part  IV.  the  Iievolctionary  union  of  the  colonies 

The  crisis  The  momeiit  the  sum  in  circulatioii  exceeded  what  was 
^^,j^,i,^^j*Jq"' necessary  as  a  medium  in  commoTce,  it  began  and  con- 
n^g-si.    tinned  to  depreciate  in  proportion  as  the  amount  of  the 
letter  of     surplus  increased ;  and   that   proportion   would   hold 
the  con-     good  until  the  sum  emitted  should  become  so  great  as 
fiidr  con-  nearly  to  equal  the  value 'of  the  capital  stock,  on  the 
stitueuts     credit   of  which   the   bills   were   issued.      Supposing, 
1779,       '  therefore,  that  130,000,000  was  necessary  for  a  circu- 
lating medium,  and  that  $160,000,000,  had  issued,  the 
natural  depreciation  is  but  little  more  than  as  five  to 
one  ;  hiii  the  actual  depreciation  exceeds  that  propor- 
Natural      tion  and  that  excess  is  artificial.     The  natural  depre- 
^cm  ofThe^^^^^^''^  is  to  be  rcmovcd  only  by  lessening  the  quantity 
currency,    of  money  in  circulation.     It  will  regain  its  primitive 
value  whenever  it  shall  be  reduced  to  the  sum  neces- 
sary for  a  medium  of  commerce.     This  is  only  to  be 
effected  by  loans  and  taxes. 
Causes  of       "  The  artificial  depreciation  is  a  more  serious  subject 
artificial       ^  merits  minute  investigation.     A  distrust  (however 

deprccia-  "  ^ 

tion.  occasioned)  entertained   by  the    mass   of  the   people 

either  in  the  ability  or  inclination  of  the  United  States 

to  redeem  their  bills  is  the  cause  of  it.     Let  us  inquire 

how  far  reason  will  justify  a  distrust  in  the  ability  of 

the  United  States. 

Ability  of       "  The  ability  of  the  United  States  must  depend  on  two 

t^^redeein  t^^ii^gs  ;  JiTst,  the  success  of  thc  present  revolution  ;  and 

their  bills,  secondly,  on  the  sufficiency  of  the  natural  wealth,  value, 

and  resources,  of  the  country. 

"  That  the  time  has  been  when  honest  men  might, 

without  being  chargeable  with  timidity,  have  doubted 

the  success  of  the  present  revolution,  we  admit ;  but 

Faith  in     that  period  is  .past.     The  independence  of  America  is 

the  success  ^^^  ^^  f^^^  ^^^^  ^1^^  petulant  efforts  of  Britain 

oftherevo-  '  /.     •  i  i  • 

lution.  to  break  it  down,  are  as  vain  and  fruitless  as  the  ragmg 
of  the  waves  which  beat  against  their  cliffs.  Let  those 
who  are  still  afflicted  with  these  doubts  consider  the 
character  and  condition  of  our  enemies.  Let  them 
remember  that  we  are  contending  against  a  kingdom 


THE   UNITED   STATES   OF   AMERICA.  733 

UNDER    THE    DECLARATION    OF    INDEPENDENCE.  PaRT    IV. 

crumbling  into  pieces  ;  a  nation  without  public  virtue  ;  The  crisis 
and  a  people  sold  to  and  betrayed  by  their  own  repre- f^,(j^j'/^!|^t^°"" 
sentatives  ;  against  a  prince  governed  by  his  passions,  1779-81. 
and  a  ministry  without  confidence  or  wisdom  ;  against  [ettcr'of 
armies  half  paid  and  generals  half  trusted  ;  against  a  tiie  con- 
government  equal  only  to  plans  of  plunder,  conflagra- their  con- 
tion,  and  murder;  a  government  by  the  most  impious ^*'^"^"t^' 
violations  of  the  rights  of  religion,  justice,  humanity,  1779. 
and  mankind,  courting  the  vengeance  of  Heaven  and 
revolting  from  the  protection  of  Providence. 

^^  Against  the  fury  of  these  enemies  you  made'  success- Their  for- 
ful  resistance  when  single,  alone,  and  friendless,  in  the  cesses 
days  of  weakness  and  infancy,  before  your  hands  had  o™ciis  of 
been  taught  to  war  or  your  fingers  to  fight ;  and  can 
there  be  any  reason  to  apprehend  that  the  Divine  dis- 
poser of  human  events,  after  having  separated  us  from 
the  house  of  bondage,  and  led  us  safe  through  a  sea  of 
blood,  towards    the  land  of  liberty  and  promise,  will 
leave  the  work  of  our  political  redemption  unfinished, 
and  either  permit  us  to  perish  in  a  wilderness  of  diffi- 
culties, or  suifer  us  to  be  carried  back  in  chains  to  that 
country  of  oppression,  from  whose  tyranny  He  hath 
mercifully  delivered  us  with  a  stretched  out  arm  ? 

" J/»  close  alliance  ivith  one  of  the  most  powerful  na-  strength 
tions  in  Europe,  which  has  generously  made  our  cause  ^  s'^and 
her  own  ;  in  amity  with  many  others,  and  enjoying  the  weakness 
good  will  of  all,  what   danger   have   we  to   fear  from  Britain! 
Britain  ?     Instead  of  acquiring  accessions  of  territory 
by  conquest,  the  limits  of  her  empire  daily  contract ; 
her  fleets  no  longer  rule  the  ocean,  nor  are  her  armies  ^ 
invincible   by   land.      How   many   of    her   standards, 
wrested  from  the   hands  of  her  champions,  are  among 
your  trophies,  and  have   graced  the  triumphs  of  your 
troops?     And  how  great  is  the  number -of  those,  who, 
sent  to  bind  you  in  fetters,  have  become  your  captives, 
and  received  their  lives  from  your  hands  ? 

In  short,  whoever  considers  that  those  states  are  daily  Sources  of 
increasing  in  power  ;  that   their   armies  have  become  ment""^'^^*^' 


734  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  revolutionary  union  of  the  colonies 

The  crisis  veteran  ;  that  their  governments,  founded  in  freedom, 
of  the  con-         established;  that   their   fertile    country  and  their 

fedcratiou,  '  ^  ^  *' 

I'jTQ-si.    affectionate   ally  furnish   them   with    ample  supplies ; 
Circular     ^^^^^^  ^Y\e  Spanish  monarch,  well  prepared  for  war,  with 
the  con-     fleets  and  armies  ready  for  combat,  and  a  treasury  over- 
fhdr  con-  Aowing  witli  wealth,  has  entered  the  lists  against  Great 
Ktitueuts,    Britain  ;  that  the  other  European  nations,  often  insulted 
1779.       '  by  her  pride,  and  alarmed  by  the  strides  of  her  ambi- 
tion, have  left  her  to  her  fate  ;  that  L-eland,  wearied 
of  her  oppression,  is   panting   for   liberty  ;    and  even 
Scotland  displeased  and  uneasy  at  her  edicts  ;  Whoever 
considers  these  things,  instead  of  doubting  the  issue  of 
the  war,  will  rejoice  in  the  glorious,  the  sure,  and  cer- 
tain prospect  of  success. 
Natural  "  T/iis  point  being  established,  the  next  question  is, 

wealth  and  ^I^^^^I^Qj.  ^^^^  natural  wealth,  value,  and  resources,  of 

resources  '  '  ' 

of  America  the  coimtry  will  be  equal  to  the  payment  of  the  debt, 
the  pa^^         ^^Let  us  svppose,  for  the  sake  of  argument,  that  at 
ment  of  the  the    conclusion    of    the    war,  the    emissions    should 
years.        amount   to  $200,000,000 ;  that  exclusive  of  supplies 
from  taxes,  which  will  not  be  inconsiderable,  the  loans 
should    amount    to   f5lOO,000,000 ;    then    the    whole 
national  debt  of  the  United  States  would  be  8300,000,- 
000.     There  are  at  present  3,000,000  of  inhabitants  in 
the  thirteen  states.     Three  hundred  million  of  dollars 
divided  among  three  million  of  people,  would  give  to 
each  person  one  hundred  dollars ;  and  is  there  an  in- 
dividual in  America  unable  in  the  course  of  eighteen 
or  twenty  years  to  pay  it  again  ?     Suppose  the  whole 
'  debt  assessed,  as  it  ought  to  be,  on  the  inhabitants  in 
proportion  to  their  respective  estates,  what  would  then 
be  the  share  of  the  poorer  people  ?     Perhaps  not  ten 
dollars. 
The  natu-      u^^^f^i^g  ^s  this  debt  will  not  be  payable  immedi- 

ralincrease  '  •        i 

of  popuia-  ately,  but  probably  twenty  years  allotted  for  it,  the  num- 

{o'"t,,c'',^iy.ber  of  inhabitants  by  that  time  in  America  will  be  far 

ment  of     niore  than  double  their  present  amount.    It  is  well  known 
the  debt  in  i        •    i     i  •  ,.     i  •  ±        ^ 

20  years,    that  the   inhabitants  ot  this  country  nave   increased 


THE   UNITED    STATES  OF  AMERICA.  735 

UNDER    THE    DECLARATION    OF    INDEPENDENCE.  PaKT  IV. 

almost  ill  the  ratio  of  compouud  interest.     By  natural  The  crisis 
population  they  doubled  every  twenty  years,  and  how  federation" 
great  may  bo  the  host  of  emigrants  from  other  coun-  I'ZTO-si. 
tries  cannot    be   ascertained.     We   have    the   highest  ["i^"''^^ 

o  letter  of 

reason  to  believe  the  number  .■jvill  be  immense.     Sup- the  con- 
pose  that  only  ten  thousand  should  arrive  the  first  year  f(^eir  con 
after  the  war,  what  will  those  ten  thousand  with  their  stit»ents, 
families  count  in  twenty  years  time  ?     Probably  double  1779. 
the  number.     This  observation  applies  with  proportion- 
able force  to  the  emigrants  of  every  successive  year. 

"  Thus  you  see,  a  great  part  of  your  debt  will  be  pay- Decrease 
able  not  merely  by  the  present  number  of  inhabitants,  ^^.^  ^^  ^^'^ 
but  by  that  number-swelled  and  increased  by  the  nat-debt,  from 
iiral  population  of  the  present  inhabitants,  by  multi- causes.   ~ 
tudes  of  emigrants  daily  arriving  from  other  countries, 
and  by  the  natural  population  of  those  successive  emi- 
grants, so  that  every  person's  share  of  the  debt  will  be 
constantly  diminishing  by  others  coming  in  to  pay  a 
proportion  of  it. 

"  These  are  adoantages,  which  none  but  young  coun- 
tries enjoy.  The  number  of  inhabitants  in  ev^ry  coun- 
try in  Europe  remains  nearly  the  same  from  one  cen- 
tury to  another.  No  country  will  produce  more  people 
than  it  can  subsist,  and  every  country,  if  free  and  cul- 
tivated, will  produce  as  many  as  it  can  maintain. 
Hence  we  may  form  some  idea  of  the  future  popula- growth  of 
tion   of    these   states.      t]xtensive    wildernesses,   noWo^°^°''®^ 

'      _        States. 

scarcely  known  or  explored,  remain  yet  to  be  cultiva- 
ted, and  vast  lakes  and  rivers,  whose  waters  have  for 
ages  rolled  in  silence  and  obscurity  to  the  ocean,  are 
yet  to  hear  tha  din  of  industry,  become  subservient  to 
commerce,  and  boast  delightful  \'illas,  gilded  spires, 
and  spacious  cities,  rising  on  their  banks. 

"T/n<4'  muck  for  the  tvumber  of  persons  to  pay  the  Actual 
debt.     The  next  point  is  their  ability.     They  wlio  an-l^^'^^f 
quire  how  manj^  millions  of  acres  are  contained  only  to  redeem 
in  the  settled  part  pf  Nortli  America,  and  liow  much    '^"^    ^  ^' 
each  aerc  is  worth,  will  acquire  very  enlarged  and  yet 


736  THE   GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  revolutionary  union  of  the  colonies 

The  crisis  vcry  inadequate  ideas  of  the  value  of  this  country. 
federation"  ^^^^  thoso  who  will  Carry  their  inquiries  further,  and 
ivzo-si.    learn  that  we  heretofore  paid  an  annual  tax  to  Britain 
letter  of     ^^  tlircc  millions  sterling  in  the  way  of  trade,  and  still 
tiie  coil-     grew  rich ;  that  our  commerce  was  then  confined  to 
their  con-  her ;  that  we  were  obliged  t6  carry  our  commodities  to 
^f '^^'i^o'j  her  market,  and  consequently  to  sell  them  at  her  price ; 
1179.       '  that  we  were  compelled  to  purchase  foreign  commodi- 
ties at  her  stores,  and  on  her  terms,  and  were  forbid  to 
establish   any    manufactories    incompatible   with    her 
views  of  gain  ;  that  in  future  the  whole  world  will  be 
open  to  us,  and  we  shall  be  at  liberty  to  purchase  from 
those  who  will  sell  on  the  best  terms,  and  to  sell  to 
those  who  will  give  the  best  prices ;  that  as  the  coun- 
try increases  in  number  of  inhabitants  and  cultivation, 
the  productions  of  the  earth  will  be  proportionably 
increased,  and  the  riches  of  the  whole  proportionably 
greater :    Whoever  examines  the  force  of   these  and 
similar  observations,  must  smile  at  the  ignorance  of 
those   who  doubt  the  ability  of  the  United  States  to 
redeem  their  bills. 
Advanta-        ^^Let  it  also  be  remembered,  that  paper  money  is  the 

ges  of  pa-  Qj-j|„  j^ind  of  money  which  cannot 'make  unto  itself 
per  money.        •'  ■^ 

wings  and  fly  away.'     It  remains  with  us,  it  will  not 

forsake  us,  it  is  always  ready  and  at  hand  for  the  pur- 
pose of  commerce  or  taxes,  and  every  industrious  man 
can  find  it.     On  the  contrary,  should  Britain  like  Nin- 
eveh (and  for  the  same  reason)  yet  find  mercy,  and 
escape  the  storm  ready  to  burst  upon  her,  she  will  find 
her  national  debt  in  a  vBry  different  situation.     Her 
territory  diminished,  her  people  wasted,  her  commerce 
ruined,  her  monopolies  gone,  she  must  provide  for  the 
discharge  of  her  immense  debt  by  taxes  to  be  paid  in 
specie,  in  gold  or  silver  perhaps  now  buried  in  the 
mines  of  Mexico  or  Peru,  or  still  concealed  in  the 
Inclination  hrooks  and  rivulcts  of  Africa  or  Indostan. 
of  the  U.S.      ^^  Having-  shou-n  that  there  is  no  reason  to  doubt  the 
theirdebt.  ability  of  the  United  States  to  pay  their  debt,. let  us 


€nE   UNITED    STATES   OP   AMERICA.  Y37 

UNDER    THE    DECLARATION    OF    INDEPENDENCE.  PaRT    IV. 

next  enquire  if  as  much  can  be  said  for  tlieir  inclina- The  crisi3 
tion.     Under  this  head  three  things  are  to  be  attended  f^fj^^ration" 

to  :  1779-81.  ' 

"  First.  Whether  and  in  what  manner  the  faith  of  f  V)^"'^'' 

letter  from 

the  United  States  has  been  pledged  for  the  redemption  the  cou- 
of  their  bills  ?  fhefrcon- 

"Second.  Whether  they  have  put  themselves  in  astituents 

,.  .      ,  .  _       •'       ,  o        1      -,  Sept.  13th, 

political  capacity  to  redeem  them  :     And,  1779. 

"Third.  Whether,  admitting  the  two  former  propo- 
sitions, there  is  any  reason  to  apprehend  a  wanton  vio- 
lation of  the  public  faith  ? 

"  First.  Il  must  be  evideMt  to  every  man  who  reads  The  faith 
the  journals  of  congress,  or  looks  at  the  face  of  one  of  piepiecWd 
their  bills,  that  congress  have  pledged  the  faith  of  their  for  it. 
constituents  for  the  redemption  of  them.     And  it  must 
be  equally  evident,  not  only  that  they  had  authority  to 
do  so,  but  that  their  constituents  have  actually  ratified 
their  acts,  by  receiving  their  bills,  passing  laws  estab- 
lishing their  currency,  and  punishing  those  who  coun- 
terfeit them.     So  that  it  may  with  truth  be  said  that 
the  people  have  pledged  their  faith  for  the  redemption 
of  them,  not  only  collectively  by  their  representatives, 
but  individually. 

"Second.    Whether  the    United   States  have    put  Political 
themselves  in  a  political  capacity  to  redeem  their  bills,  of't^e'u  S 
is  a  question  which  calls  for  more  full  discussion.  to  redeem 

"Oar  enemies,  as  well  foreign  as  domestic,  havCconsid- 
laboured  to  raise  doubts  on  this  head.  They  argue  ^'■^•^• 
that  the  confederation  of  the  states  remains  yet  to  be 
perfected,  that  the  union  may  be  dissolved,  congress 
be  abolished,  and  each  state,  resuming  its  delegated 
powers,  proceed  in  future  to  hold  and  exercise  all  the 
rights  of  sovereignty  appertaining  to  an  independent 
state.  In  such  an  event,  say  they,  the  continental  bills 
of  credit,  created  and  supported  by  the  union,  would 
die  with  it.  This  position  being  assumed,  they  next 
proceed  to  assert  this  event  to  be  probable,  and  in 
proof  of  it  urge  our  divisions,  our  parties,  our  separate 
47 


738  THE   GOVERNMENTAL    HISTORY   OP  ♦ 

Part  IV.  the  revolutionary  union  of  thk  colonies 

The  crisis  interests,  distinct  manners,  former  prejudices,  and 
federation^" ^'^y  o^her  arguments  equally  plausible,  and  equally 
1779-81.    fallacious.     Examine  this  matter. 

letter  from     '"''FoT  every  purpose  essential  to  the  defence  of  these 
the  con-     states  ill  the  progress  of  the  present  war,  and  necessary 
their  con-  to  thc  attainment  of  the  objects  of  it,  these  states  now 
stituents     ^^.g  r^g  fully,  legally,  and  absolutely  confederated  as  it 
1779.       '  is  possible  for  them  to  be.     Head  the  credentials  of  the 
different  delegates  who  composed  the  congress  in  1774, 
1775,  and  part  of  1776.     You  will  find  that  they  estab- 
ing  leaAe  li^^^  ^  uiiioii  for  the  cxprcss  purpose  of  opposing  the 
of  union     oppressions  of  Britain  and  obtaining  redress  of  griev- 
coiupiete.   aiiccs.     On  the  4th  of  July,  1776,  your  representatives 
ill  congress,  perceiving  that  nothing  less  than  uncondi- 
tional submission  would  satisfy  our  enemies,  did,  in 
the  name  of  the  people  of  the  thirteen  united  colonies, 
The  com-    declare  them  to  be  free  and  independent  states,  and 
the  deck-  '  for  the  support  of  that  declaration,  with  a  firm  reliance 
[nde"end-  ^"  ^^^^  protection  of  Divine  Providence,'  did  '  mutually 
encc.         pledge    to  each  other  their  lives,  their  fortunes,  and 
their    sacred   honor.''      Was  ever  confederation  more 
formal,  more  solemn,  or  explicit  ?     It  has  been  ex- 
pressly assented  to  and  ratified  by  every  state  in  the 
union.     Accordingly   for  the   direct   support   of  this 
declaration,  that  is,  for  the  support  of  the  independ- 
ence of  these  states,  armies  have  been  raised,  and  bills 
of  credit  emitted,  and  loans  made  to  pay  and  supply 
Binds  the  them.     The  redemption,  therefore,  of  these  bills,  the 

states  to  n      1  1    1  1      1  1 

an  indisso- payment  01  these  debts,  and  the  settlement  of  the 
lubie  con  accounts  of  the  several  states,  for  expenditures  or 
services  for  the  common  benefit,  and  in  this  common 
cause,  are  among  the  objects  of  this  confederation ; 
and  consequently  while  all,  or  any  of  its  objects,  re- 
main unattained,  it  cannot,  so  far  as  it  may  respect 
such  objects,  be  dissolved,  consistently  with  the  laws  of 
God  or  Man. 

"  But  we  are  persuaded,  and  our  enemies  will  find, 
that  our  union  is  not  to  end  here.     They  are  mistaken 


THE   UNITED    STATES   OP   AMERICA.  739 


UNDER   THE    DECLARATION    OF    INDEPENDENCE.  I'aRT    IV". 

when  they  suppose  us  kept  together  only  by  a  sense  of  The  crisis 
present  danger.     It  is  a  fact  which  they  only  will  dis-  J^ljel.a^on^ 
pute,  that  the  people  of  these  states  were  never  so  cor-nVy-8i. 
dially  united  as  at  this  day.     By  having  been  obliged  Q■^^^^^■^^^ 
to  mix  with  each  other,  former  prejudices  have  worn  letter  from 
off  and  their  several    manners   become   blended.      AgJ^gg^"" 
sense  of  common  permanent  interest,  mutual  affection,  their  con- 

'■  1  •  /»  stituents, 

(liaving  been  brethren  in  affliction,)  the  ties  of  con- sept.  isth, 
sanguinity    daily    extending,  constant   reciprocity   of  ^^^^* 
good  offices,  similarity  in  language,  in  governments, 
and   therefore   in   manners ;   the  importance,  weight,  ilarmony 
and  splendor  of  the  union,  all  conspire  in  forming  a  ^ess  of™" 
strong  chain  of  connection,  which  must  forever  bind  their  pres- 
us  together.     The  United  Provinces  of  the  Netherlands 
and  the  United  Cantons  of  Switzerland  became  free 
and  independent  under  circumstances  very  like  ours. 
Their  independence  has  been  long  established,  and  yet 
their  confederacies  continue  in  full  vigor.     What  rea- 
son can  be  assigned  why  our  union  should  be  less  last- 
ing ?     Or  why  should  the  people  of  these  states  be 
supposed  less  wise  than  the  inhabitants  of  those  ?     You 
are  not  Uninformed  that  a  plan  for  a  perpetual  confed-  '^^'^  Y°' 

ir         J  r     r  j  ^     posed  plan 

eration  has  been  prepared,  and  that  twelve  of  the  thir-ior  a  per- 
teen  states  have  already  acceded  to  it.  But  enough  |?g^(j"|^at^QQ_" 
has  been  said  to  show  that  for  every  purpose  of  the 
present  war,  and  all  things  incident  to  it,  there  does 
at  present  exist  a  perfect,  solemn  confederation,  and 
therefore  that  the  states  now  are,  and  always  will  be, 
in  political  capacity  to  redeem  their  bills,  pay  their 
debts,  and  settle  their  accounts. 

"Third.  Whether  admitting  the  ability  and  politi- Will  the 
cal  capacity  of  the  United  States  to  redeem  their  bills,  fj,g^,  "^q®" 
there  is  any  reason  to  apprehend  a  wanton  violation  of  redeem 

.,  1  T     p  -ii   0  their  bills? 

the  public  laith  r 

"  It  is  luith  great  regret  and  reluctance  that  we  can 
prevail  upon  ourselves  to  take  the  least  notice  of  a 
question  which  involves  in  it  a  doubt  so  injurious  to 
the  honor  and  dignity  of  America.  * 


740 


THE   GOVERNMENTAL   HISTORY    OF 


Part  IV. 

The  crisis 
of  the 
confedera- 
tion, 
1779-81. 

Circular 
letter  from 
the  con- 
gress to 
their  con- 
stituents, 
Sept.  13, 
1779. 


Inventions 
of  the 
enemy  to 
promote 
distrust 
and  dis- 
union. 


THE  REVOLUTIONARY  UNION  OF  THE  COLONIES 


The  dele- 
gates in 
congress. 


Odium  of 
repudia- 
tion of  the 
national 
debt. 


"The  enemy,  aware  that  tlie  strength  of  America  lay 
in  the  union  of  her  citizens,  and  the  wisdom  and  integ- 
rity of  those  to  whom  they  committed  the  direction  of 
their  affairs,  have  taken  unwearied  pains  to  disunite  and 
alarm  the  people^  to  depreciate  the  abilities  and  virtue 
of  their  rulers,  and  to  impair  the  confidence  reposed  in 
them  by  their  constituents.  To  this  end  repeated  at- 
tempts have  been  made  to  draw  an  absurd  and  fanciful 
line  of  distinction  between  the  congress  and  the  people, 
and  to  create  an  opinion  and  a  belief  that  their  inter- 
ests and  views  were  different  and  opposed.  Hence  the 
ridiculous  tales,  the  insidious  insinuations,  and  the 
whimsical  suspicions,  that  have  been  forged  and  propa- 
gated by  diiguised  emissaries  and  traitors  in  the  garb 
of  patriots.  Hence  has  proceeded  the  notable  discov- 
ery that  as  the  congress  made  tha  money  they  also  can 
destroy  it;  and  that  it  will  exist  no  longer  than  they 
find  it  convenient  to  permit  it.  It  is  not  surprising 
that,  in  a  free  country,  where  the  tongues  and  pens  of 
such  people  are  and  must  be  licensed,  such  political 
heresies  should  be  inculcated  and  diffused,  but  it  is 
really  astonishing  that  the  mind  of  a  single  yirtuous 
citizen  in  America  should  be  influenced  by  them. 

'■'•It  certainly  cannot  be  necessary  to  remind  you  that 
your  representatives  here  are  chosen  from  among  your- 
selves; that  you  are,  or  ought  to  be,  acquainted  with 
their  several  characters;  that  they  are  sent  here  to 
speak  your  sentiments,  and  that  it  is  constantly  in  your 
power  to  remove  such  as  do  not.  You  surely  are  con- 
vinced that  it  is  no  more  in  their  power  to  annihilate 
your  money  than  your  independence,  and  that  any  act 
of  theirs  for  either  of  those  purposes  would  be  null  and 
void. 

'■iWe  shonld  pay  an  ill  compliment  to  the  understand- 
ing and  honor  of  every  true  American,  were  we  to 
a(l(hice  many  arguments  to  show  the  baseness  or  bad 
policy  of  violating  our  National  Faith,  or  omitting  to 
pursue  tye  measures  necessary  to  preserve  it.     A  bank- 


THE   UNITED   STATES   OP   AMERICA.  741 

UNDKR    THK    DECLARATION    OF    INDEPENDENCE.  PaRT    IV. 

nipt,  faithless  Republic  would  be  a  novelty  in  the  polit-Thc  crisis 
leal  world,  and  appear  among  reputable  nations  like  a  eonfedera- 
common  prostitute  among  chaste  and  respectable  niat-^'^^' 
rons.     The  pride  of  America  revolts  from  the  idea ;  her 
citizens  know  for  what  purposes  these  emissions  were  Circular 
made,  and  have  repeatedly  plighted  their  faith  for  the  the  con- 
redemption  of  them ;   they  are  to  be  found  in  every  e^^?^  *°  _ 
man's  possession  and  every  man  is  interested  in  their  stituents, 
being  redeemed.     They  must  therefore  entertain  a  high  j^^*"     ' 
opinion  of  American  credulity,  who  suppose  the  people 
capable  of  believing,  on  due  reflection,  that  all  America 
will,  against  the  faith,  the  honor,  and  the  interest  of  all 
America,  be  ever  prevailed  upon  to  countenance,  sup- 
port or  permit,  so  ruinous,  so  disgraceful  a  measure. 
We  are  convinced  that  efforts  and  arts  of  our  enemies  Repudia- 
will  not  be  wanting  to  draw  us  into  this  humiliating  p^°j™g 
and  contemptible  situation.     Impelled  by  malice  and 
the  suggestions  of  chagrin  and  disappointment,  at  not 
being  able  to  bend  our  necks  to  their  yoke,  they  will 
endeavor  to  force  or  seduce  us  to  commit  this  unpar- 
donable sin,  in  order  to  subject  us  to  the  punishment 
due  to  it,  and  that  we  may  thenceforth  be  a  reproach 
and  a  bye  word  among  the  nations.     Apprised  of  these 
consequences,  knowing  the  value  of  national  character, 
and  impressed  with  a  due  sense  of  the  immutable  laws 
of  justice  and  honor,  it  is  impossible  that  America 
should  think  without  horror  of  such  an  execrable  deed. 

"  If  then  neither  our  ability  or  inclination  to  discharge  Past  neg- 
the  public  debt  are  justly  questionable,  let  our  conduct  ^^l^l^f 
correspond  with  this  confidence,  and  let  us  rescue  our  duty,  point 
credit  from  its  present  imputations.     Had  the  attention  remedy 
of  America  to  this  object  been  unremitted,  had  taxes 
been  seasonably  imposed  and  collected,  had  proper  laws 
been  made,  had  laws  been  passed  and  executed  for  pun- 
ishing those  who  maliciously  endeavored  to  injure  the 
public  credit ;  had  these  and  many  other  things  equally 
necessary  been  done,  and  had  our  currency,  notwith- 
standing all  these  eflforts,  declined  to  its  present  degree 


742  THE   GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  revolutionary  union  of  the  colonies 

The  crisis  of  depreciation,  our  case  would  indeed  have  been  de- 
confedera-  plorablc.  But  as  thcsc  cxei'tions  have  not  been  made, 
tion,  ^ve  may  yet  experience  the  good  effects  which  naturally 

result  from  them.  Our  former  negligences  therefore, 
Circular  sliould  uow  animate  us  with  hope  and  teach  us  not  to 
the^on-^'"  despair  of  removing  by  vigilance  and  application  the 
gress  to     Qvils  which  supineness  and  inattention  have  produced. 

their  con-  '■  i.i,.  i 

stituents,        "-ft  has  been  already  observed,  that  in  order  to  pre- 
1779  ^^'     ^^^^^  *^^^  further  natural  depreciation  of  our  bills  we 
have  resolved  to  stop  the  press,  and  to  call  upon  you 
Loans  and  for  supplies  by  loaiis  and  taxes.     You  are  in  capacity 
miiy^e-*^    to  afford  them,  and  are  bound  by  the  strongest  ties  to 
sort  for      ^Q  jt^     Leave  us  not  therefore  without  supplies,  nor  let 
in   that  flood  of  evils  which  would  follow  from  such 
neglect.     It  would  be  an  event  most  grateful  to  our 
enemies,  and  depend  upon  it  they  will  redouble  their 
Urgency     artiftccs  and  industry  to  compass  it.     Be  therefore  upon 
your  guard,  and  examine  well  the  policy  of  every  meas- 
ure and  the  evidence  of  every  report  that  may  be  pro- 
posed or  mentioned  to  you  before  you  adopt  the  one  or 
believe  the  other.     Recollect  that  it  is  the  price  of  lib- 
erty, the  peace  and  the  safety  of  yourselves  and  pos- 
Vigiiance   terity,  that  now  is  required;   that   peace,  liberty  and 
*tiii  nc°es-  safety,  for  the  attainment  and  security  of  which  you 
sary  have  so  often  and  so  solemnly  declared  your  readiness 

to  sacrifice  your  lives  and  fortunes.  The  war,  though 
drawing  fast  to  a  successful  issue,  still  rages.  Disdain 
to  leave  the  whole  business  of  your  defence  to  your 
ally.  Be  mindful  that  the  brightest  prospects  may  be 
clouded,  and  that  prudence  bids  us  be  prepared  for 
every  event.  Provide  therefore  for  continuing  your 
armies  in  the  field  till  victory  and  peace  shall  send  them 
home,  and  avoid  the  reproach  of  permitting  the  cur- 
rency to  depreciate  in  your  hands,  when  by  yielding  a 
part  to  taxes  and  loans,  the  whole  might  have  been 
appreciated  and  preserved. 

'•'•Humanily  as  well  as  justice  makes  this  demand  upon 
you,  the  complaints  of  ruined  widows,  and  the  cries  of 


of  the 

crisis 


THE   UNITED    STATES   OP   AMERICA.  743 


UNDER    THE    DECLARATION    OF    INDEPENDENCE.  PaRT    IV. 


fatherless  children,  whose  whole  support  has  been  placed  The  cmis 
in  your  hands  and  melted  away,  have  doubtless  reached  coufedei-a- 
you;    take  care  that  they  ascend  no  higher.      jRowi-e^ion, 
therefore;  strive  who  shall  do  most  for  his  country;  re- 
kindle that  flame  of  patriotism  which,  at  the  mention 
of  disgrace  and  slavery,  blazed  throughout  America,  Conclud- 
and  animated  all  licr  citizens.     Determine  to  finish  the    °   '^ 
contest  as  you  began  it,  honestly  and  gloriously.     Let 
it  never  be  said  that  America  had  no  sooner  become 
independent   than  she  became  insolvent,  or  that   her 
infant  glories  and  growing  fame  were  obscured  and  tar- 
nished by  broken  contracts  and  violated  faith,  in  the 
very  hour  when   all   the   nations  of  the  earth  were 
admiring  the  splendor  of  her  rising. 

"By  the  unanimous  order  of  the  congress, 

John  Jay,  President.''^ 

''Philadelphia,  September  13,  1779."  *t 


We  may  well  and  proudly  challenge  the  production  The  circu- 
lar letter 
of  1779. 


of  another  such  a  state  paper  as  this,  whether  in  the  ^*''  ^®"®'" 


annals  of  European  or  American  diplomacy.  The 
clearness  of  its  argument,  the  pungency  of  its  logic, 
the  elegance  of  its  diction,  the  brevity  and  yet  compre- 
hensiveness of  its  detail ;  the  patriotic  and  fervid  elo- 
quence ;  the  elevated,  resolute,  and  heroic  energy ;  the 
humanity,  justice,  and  piety,  which  pervade  the  whole ; 
give  to  it  characteristics  without  a  parallel  in  the  his- 
tory of  English  forensic  composition,  or  classical  litera- 
ture :  No  wonder  that  it  inspirited  the  aims,  nerved 
the  arms,  and  united  the  hearts,  of  the  people  of  Amer- 
ica in  the  last  great  struggle  for  independence;  No*JouraaU 
wonder  that  it  overawed  the  vindictive  fury  of  British  ^'^  ^°'^' 
vengeance,  appalled  the  partizans  of  treachery,  ani- 
mated the  hopes  of  the  sons  of  freedom,  and  prompted 

f  On  the  28th  September,  1779,  Mr.  Jay  resigned  the  Presidency,  hav- 
ing accepted  the  appointment  of  Minister  Plenipotentiary  to  negotiate  a 
treaty  of  Amity  and  Commerce,  and  of  Alliance  with  Spain;  and  Mr. 
Samuel  Huntington  was  elected  in  his  place. 


744  THE   GOVERNMENTAL   HISTORY  OF 

Part  IV.  the   kevolutionary  union  of  the  colonies 

The  basis  them  to  march  forward  with  full  confidence  of  victory, 
federatbn  ^^^11  might  any  people  be  proud  of  sudi  counsellors 
1779-81.  and  rulers,  and  feel  that  in  their  hands  their  liber- 
ties and  destinies  were  safe,  whatever  might  be  their 
Character-  credentials  of  power  or  the  forms  of  their  administra- 
isticsofthetion:     But  it  is  the  peculiar  greatness  and  glory  of  all 

patriot  .    ^  ^  ^  1  •    ,    1  11,  11 

statesmen  that  wisdom  and  renown  which  has  hallowed  the  mem- 
of  the  rev-  Qpjgg  Qf  q^^j.  revolutionary  fathers,  that  amid  the  duties 
and  cares  of  state,  and  the  anxieties  and  vexations 
of  war,  they  were  never  unmindful  of  the  distinctive 
claims  of  that  religion  which  originated  and  conserved 
those  elements  of  freedom  which  were  "  the  polished 
corner-stones  "  of  the  confederacy. 

On  Thursday,  October  fourteenth,  1779,  in  the  very 
throng  and  pressure   of  these   secular  labors,  we  find 
them  resolving,  "  that  it  will  be  proper  to  set  apart  the 
second  Thursday  in  December  next  as  a  day  of  general 
Recom-      thanksgiving  in  these  United  States,  and  that  a  com- 
mendation lYiittee  of  four  be  appointed  to  prepare  a  recommend- 

of  a  public      .  T  .  1  j>  1  •  <i      TTTi 

thanks-      atioii  to  the  said   states  lor  this  purpose:        Where- 
thl'con'?^   upon  Mr.  Root,  Mr.  Holten,  Mr.  Muhlenberg,  and  Mr. 
gress,  Oct.  Movris  wcrc   appointed :      They  reported  a  draft  on 
'        ■    the  twentieth  of  the  same  month,  which  was  agreed  to 
in  congress,  as  follows  : 
The  proc-       "  Whereas  it  becomes  us   humbly  to  approach  the 
lamation.    rpj^^.^^^  ^f  Almighty  God,  with  gratitude  and  praise  for 
the  wonders  which  His  goodness  has  wrought  in  con- 
ducting our  forefathers  to  this  western  world  ;  for  His 
protection  to  them  and  to  their  posterity  amidst  diffi- 
culties and  dangers ;    for    raising  us,   their    children, 
from  deep  distress   to  be  numbered  among  the  nations 
of  the  earth ;  and  for  arming   the  hands  of  just  and 
mighty  princes  in  our  deliverance  ;  and  especially  for 
that  He  hath  been  pleased  to  grant  us  the  enjoyment  of 
health  ;  and  so  to  order  the  revolving  seasons,  that  the 
earth  hath  produced  her  increase  in  abundance,  bless- 
ing the  labours  of   the  husbandman,   and    spreading 
plenty  through  the  land ;  that  He  hath  prospered  our 


THE   UNITED   STATES    OF   AMERICA.  745 

UNUKR    THE    DECLARATION    OF    INDEPENDENCE.  PaRT    IV. 

arms  and  those  of  our  ally ;  been  a  shield  to  our  troops  The  crisis 

in  the  hour  of  danger,  pointed  their  swords  to  victory,  fj^.r^tjon" 

and  led  them  in  triumph  over  the  bulwarks  of  their  iV7'J-81. 

foe  ;  that  He  hath  gone  with  those  who  went  out  into 

the  wilderness  against  the  savage  tribes  ;  that  He  hath  „     , 

stayed  the  hand  of  the   spoiler,  and  turned  back  his  tion  for  a 

meditated  destruction  ;    that  He   hath   prospered  our  [luuikso-iv- 

commerce,  and  given  success  to  those  who  foua:ht  the  i""  ^y 

the  con- 
enemy  on  the  face  of  the  deep ;  and  above  all,  that  He  gross,  Oct, 

hath  diffused  the  glorious  light  of  the  gospel,  whereby,  ^^'  ^'''^^• 
through  the  merits  of  our  gracious  Redeemer,  we  may 
become  the  heirs  of  His  eternal  glory,  therefore 

"  Resolved,  That  it  be  recommended  to  the  several  Recogni- 
states,  to  appoint  Thursday,  the  ninth  day  of  Decem- eiemeuts' 
ber  next,  to  be  a  day  of  public  thanksgiving  to  Almighty  alt^chrL^-*' 
God  for  His  mercies ;  and  of  prayer  for  the  continu-  tiaaity. 
ance  of  His  favor  and  protection  to  these  United  States ; 
to  beseech  Him  that  He  would  be  graciously  pleased  to 
influence  our  public  councils,  and  bless  them  with  wis- 
dom from  on  high,  with  unanimity,  firmness,  and  suc- 
cess ;  that  He  would  go  forth  with  our  hosts  and  crown 
our  armies  with  victory ;  that  He  would  grant  to  His 
church  the  plentiful  effusions  of  divine  grace,  and  pour 
out  His  holy  spirit  on  all  ministers  of  the  gospel ;  that 
He  would  bless  and  prosper  the  means  ot  education, 
and  spread  the  light  of  Christian  knowledge  through 
the  remotest  corners  of  the  earth  ;  that  He  would  smile 
upon  the  labours  of  His  people  and  cause  the  earth  to 
bring  forth  her  fruits  in  abundance,  that  we  may  with 
gratitude  and  gladness  enjoy  them  ;  that  He  would  take 
into  His  holy  protection  our  illustrious  ally,  give  him 
victory  over  his  enemies,  and  render  him  signally  great, 
as  the  father  of  his  people  and  the  protector  of  the 
rights  of  mankind  ;  that  He  would  graciously  be  pleased 
to  turn  the  hearts  of  our  enemies,  and  to  dispense  the 
blessings  of  peace  to  contending  nations ;  that  He 
would  in  mercy  look  down  upon  us,  pardon  our  sins, 
and  receive  us  into  His  favor ;   and  finally,  that  He 


746  THE   GOVERNMENTAL   HISTORY   OP 


Part  IV, 


THE  REVOLUTIONARY  UNION  OF  THE  COLONIES 


The  crisis  would   establish   the    independence   of    these   United 
federation"  ^^^^^s,  upon  the  basis  of  religion  and  virtue,  and  sup- 
1112-81.    port  and  protect  them  in  the  enjoyment  of  peace,  lib- 
erty, and  safety. 

'"'•Done  in  congress,  the  twentieth  day  of  October,  one 
thousand  seven  hundred  and  seventy-nine,  and  in  the 
fourth  year  of  the  Independence  of  the  United  States 
of  America. 

"  Samuel  Huntington,  President. 
"Attest.         €harles  Thomson,  Secretary. ^^ 


Ratifica-         I  have  elsewhere  set  forth  the  minor  objections  which 

of  the  pro-  n      i        i  •  -,       •  .  ^        . 

posed  con-  wcre  made  by  the  respective  colonies  to  the  ratification 
lederation  ^f  ^Jjq  articles  of  confederation,  and  the  manner  in 

by  twelve  ,  ' 

states        which  they  were  disposed  of  by  the  congress :     And 
sufficfent""  although  these  articles,  as  originally  proposed,  had  now 
gone  through  all  the  forms  supposed  necessary  to  ren- 
der their  ratification  binding,  on  the  part  of  twelve  of 
the  states,  the  congress  still  doubted  the  sufficiency  of 
the   compact.      It  was    indeed    seriously    questioned 
whether  the  action  of  twelve  only  of  the  colonies,  or 
states,  in  a  confederation  professing  by  its  very  terms  to 
be  the  compact  of  thirteen,  could  be  of  any  binding 
force  either  upon  those  which  had,  or  those  which  had 
not,  ratified  it.     Or  in  other  words,  whether  a  ratification 
in  the  manner  proposed  by  Virginia  and  Connecticut,  be- 
tween any  number  less  than  the  whole  thirteen,  would 
Complica-  not  iuvolvc  a  violation  of  the  League  of  Union  under 
thTpK)-     tli^  Declaration  of  Independence,  as  well  as  the  treat- 
posed  con-jes  of  alliance,  &c.,  with  France.     And  then,  again,  if 
icdGrucy*  /     cj       / 

they  refused  to  unite  under  the  confederation  in  a  per- 
petual compact,  on  account  of  any  elements  of  discord 
now  originating  among  themselves,  would  not  that 
weaken  the  confidence  of  his  Most  Christian  Majesty,  as 
weU  as  other  friendly  foreign  powers,  in  the  stability 
of  their  union?  Would  it  not  tend  to  dissolve  ex- 
isting, and  prevent  further  alliances  ?  These  were 
matters  of  grave  consideration ;  and  the  vast  interests 


THE   UNITED   STATES   OP   AMERICA.  747 

UNDKU  THE  DECLARATION  OF  INDEPENDENCE.  PaUT  IV. 

involved  in  their  discussion,  rendered  still  more  fearful  The  crisis 

the  critical  conjuncture   to  which  they  were  ^^.pidly  J?fj^||;:^^'j°^' 

tending:     They  disclose  the  great  difficulty  in  the  way  1779-81. 

of  accomplishing  an  end  so  desirable  as  an  unanimous 

adoption  of   the    proposed   articles    of   confederation. 

That   difficulty    was,    the    controversy   respecting   the 

boundaries  of  the  several  states,  or  the  disposition  to 

be  made  of  the  unoccupied  lands  which  were  held  by 

the  crown  at  the  time  of  the  Declaration  of  their  Inde- Controver- 
sy about 
pendence,  commonly  called  the^  Crown  Lands.  tiie  crown 

Tliese  boundaries,  as  we  have  seen,  according  to  the  jj^^g^?,*^  ^^^ 
provisions  of  the  patents  under  which  many  of  the  col-ratifica- 
onies  were  establislied,  were  limited  by  "  the  South 
Sea,"  or  extended  indefinitely  towards  the  western  wil- 
derness.    The  larger  states,  as  Virginia  and  New  York, 
claimed  exclusive  right  to  all  such  lands  within  their 
territorial  or  charter  limits  ;  while  the  smaller,  as  in  the 
remonstrance  of  the  states  of  Maryland  and  New  Jer-  See  re- 
sey,  contended,  that  all  such  lands,  within  the  limits  of  i^^J  W\', 
whichever  of  the   states,  as  were  unoccupied  at  the 
commencement  of  the  war,  and  belonged  to  the  crown, 
should  be  deemed  common  property,  subject  to  the  dis- 
posal of  congress  for  the  common  benefit. 

The  difficulty  was  now  enhanced  by  the  fact,  that  the  Public  sale 
state  of  Virginia  was  offering  lands  for  sale  in  a  tract  ^   y^j..^ 
called  Indiana,  which  was  included  in  a  larger  tract  ginia. 
called  Vandalia,  "  beginning  at  the  southerly  side  of 
the  mouth  of  little  Kenawa  Creek  where  it  empties 
itself  into  the  river  Ohio ;  and  running  from  thence 
south-east  to  the  Laurel  hill,  thence  along  the  Laurel 
hill  until  it  strikes  the   river   Monongahela ;    thence 
down  the  stream  of  the  said  river  Monongahela,  accord- 
ing to  the   several  courses  thereof,  to   the  southern 
boundary  line  of  the  province  of  Pennsylvania ;  thence 
westerly  along  the  course  of  the  said  province  bound- 
ary line,  as  far  as  the  same  shall  extend;  and  thence 
by  the  same  coarse  to  the  river  Ohio ;  thence  down 


748  THE   GOVERNMENTAL    HISTORY   OP 

Part  IV.  the  revolutionary  union  of  tue  colonies 

The  crisis  the  Said  river  Ohio,  according  to  the  several  courses 

fedcnlt'iou"**l^°^'®°f'  ^^  ^^^^  P^^^^  ^f  begiiiiung." 
1779-81.  It  was  contended  on  the  other  hand,  by  certain  per- 
^r"n"""  sons  claiming  to  be  proprietors,  who  memorialized  coii- 
agaiust  grcss,  that  this  tract  of  land  did  not  belong  to  Vir- 
crown  ginia  ;  but  that  it  was,  "  by  order  of  the  king  of  Great 
lauds  by     Britain  in  council,  before  the  declaration  of  the  inde- 

Virginia, 

Sept.  1779.  pendency  of  these  United  States,  separated  from  the  do- 
minion which,  in  right  of  the  crown,  Virginia  claimed 
over  it ;  and  tliereforo»the  said  tract  of  country  cannot 
remain  subject  to  the  jurisdiction  of  Virginia,  or  any 
The  lands  particular  state,  but  of  the  whole  United  States  in  con- 
claimed      gress  assembled :  That  said  acts  of  the  state  of  Vir- 

for  the  .    .        ^.  . 

congress,    gima,  directing  the  sale  of  the  lands  in  question,  were 
intended  to  defeat  and  prevent  the  interposition  of  con- 
Appeal  to  Si'Gss  ;  and  therefore  they  prayed  congress  to  interfere 
congress    and  make  such  order  as  might  be  thought  proper,  to  stay 
nfon-^  ^^'  Virginia  in  the  sale  of  the  lands  in  question,  till  Vir- 
Btrauts.      ginia,  as  well  as  the  memorialists,  can  be  heard ;  and 
the  whole  rights  of  the  owners  of  the  tract  of  land  called 
Va7idalia,  of  which  Indiana  is  a  part,  shall  be  ascer- 
tained in  such  manner  as  may  tend  to  support  the  sov- 
ereignty of  the  United  States,  and  the  just  rights  of  indi- 
viduals therein." 
Action  of       This  fearful    subject  of  controversy  came  before  the 
upon  the    congress  upon  this  memorial,   September  fourteenth, 

remon-      g^j^(j  continued  to  agitate  it  till  October  twenty-ninth, 

Btrance.  .  .         -,  i>        -,  '     / 

when  a  committee  appointed  lor  the  purpose,  reported, 

"  that  they  had  read  over  and  considered  the  state  of 
facts  given  in  by  the  delegates  of  Virginia,  in  reply  to 
the  memorial,  and  cannot  find  any  such  distinction  be- 
tween the  question  of  the  jurisdiction  of  congress  and 
Report  of  the  merits  of  the  cause,  as  to  recommend  any  decision 
miuee'of   iipon  the  first  separately  from  the  last.     That  they  rec- 
congress,    ommcnd  to   cono-ress  the  following  resolution :  That 

Oct    29th. 

considering  the  present  incomplete  state  of  the  confed- 
eration, it  be  recommended  to  the  state  of  Virginia, 
and  every  other  state  in  similar  circumstances,  to  sus- 


THE   UNITED   STATES   OP   AMERICA.  749 

UNDER  THE  DECLARATION  OF  INDEPENDENCE.         PaRT  IV. 


pend  the  sale,  grant,  or  settlement,  of  any  land  unap-  The  crisis 
propriated  at  the  time  of  the  Declaration  of  Independ- "^ jgj.^j*j°"' 
ence,  until  the  conclusion  of  the  war."  1779-81. 

In  pursuance  of  this  recommendation  of  the  com- 
mittee, after  considerable  debate,  on  the  thirtieth  of 
October,  the  congress  adopted  the  following  preamble 
and  resolution,  viz. : 

"  Whereas,  the  appropriation  of  vacant  lands  by  the 
several  states  during  the  continuance  of  the  war,  will, 
in  the  opinion  of  congress,  be  attended  with  great  mis- 
chiefs, therefore, 

^^ Resolved,  That  it  be  earnestly  recommended  to  the  Resolution 
state  of  Virginia,  to  reconsider  their  late  act  of  assem-  "^po^t  ° 
bly  for  opening  their  land  office  ;  and  that  it  be  recom-  Oct.  20th,  • 
mended  to  the  said  state,  and  all  other  states  similarly 
circumstanced,  to  forbear  settling  or  issuing  warrants 
for  unappropriated  lands,  or  granting  the  same  during 
the  continuance  of  the  present  war."t 

In  the  month  of  December,  of  the  same  year,  an  ap-  Controver- 

peal  was  made  to  the  congress  on  the  part  of  the  state  of  ^^  nnsTva- 

Pennsylvania,  touching  a  dispute  which  had  arisen  be-  nia  and 

tween  that  state  and  Virginia,  relative  to  the  extent  of  aboutT"^ 

their  boundaries  and  the  ownership  of  certain  unoccu-  ^^°'^^'  ^^^' 

1779. 

pied  lands.  The  controversy  between  them  assumed 
so  hostile  a  character  that  congress  expressed  serious 
apprehension  that  it  might  "  probably  be  productive  of 
serious  evils  to  both  states,  and  tend  to  lessen  their  ex- 
ertions in  the  common  cause."  They  accordingly  passed  Resolution 
a  resolution  urging  them  to  forego  the  controversy,  and  of  congress 
to  have  '  things  placed  in  the  situation  in  w^hich  they 
were  at  the  commencement  of  the  present  war,  without 
prejudice  to  the  claims  of  either  party.'  "f 

Virginia,  in  turn,  remonstrated  against  the  interfer- ^^^^inia 

°  remon- 

ence  of  the  congress  ;    and  thus  the  elements  of  strife  strates 
seemed  to  be  spreading  and  extending  their  influence,  Srff/'^ 
threatening  the  utter  defeat  of  a  union  under  the  pro-^"^^  ^^ 

li-i  p  i%    1  .  ..-■  congress. 

posed  articles  of  confederation.     Amid  this  heated  con-  ^  journals 
flict  of  claims  and   interests,  of  opinions  and  passions,  of  ^on- 
it  was  impossible  to  foresee  how  the  contending  parties  ^^^^' 


750  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  revolutionary  union  of  the  colonies  ^ 

The  crisis  could  bc  reconciled,  or  how  any  compact  could  be  de- 
fedVraUon"  ^^^^^  to  meet  the  wants,  wislics,  and  mterests  of  all. 
1779-81.    Happily,  however,  in  February  following,  the  legisla- 
ture of  the  state  of  New  York  cast  a  healing  branch 
into  the  bitter  waters  by  an  act  authorizing  a  surrender 
to  congress,  "  for  the  use  and  benefit  of  such  states  as 
should  become  members  of  the  Federal  Alliance,"  of 
a  part  of  the  western  domain  claimed  by  her.     This  act 
was  as  follows : 
Mediatory       a  Whereas   nothing,  under   Divine  Providence,  can 
more  effectually  contribute  to  the  tranquillity  and  safety 
of  the  United  States  of  America  than  a  Federal  Alli- 
ance, on  such  liberal  principles  as  will  give  satisfaction 
to  its  respective  members :  And  whereas  the  articles  of 
confederation  and  perpetual  union,  recommended  by 
the  honorable  congress  of  the  United  States  of  America, 
have  not  proved  acceptable  to  all  the  states ;  it  having 
been  conceived,  that  a  portion  of  the  waste  and  uncul- 
tivated territory,  within  the  limits  or  claim  of  certain 
states,  ought  to  be  appropriated  as  a  common  fund  for 
the  expenses  of  the  war ;  and  the  people  of  this  state 
of  New  York,  being  on  all  occasions  disposed  to  mani- 
fest their  regard  for  their  sister  states,  and  their  earnest 
desire  to  promote  the  general  interest  and  security,  and 
more  especially  to  accelerate  the  Federal  Alliance,  by 
removing,  as  far  as  it  depends  upon  them,  the  before 
mentioned  impediment  to  its  final  accomplishment. 
"To  ac-        "-Se  it  therefore  enacted,  by  the  people  of  the  state 
ceierate     ^f  j^g^  York,  represented  in  Senate  and  Assembly,  and 
ral  alii-      it  is  hereby  enacted  by  the  authority  of  the  same  ;  That 
passed  by  i^  sliall  and  may  be  lawful,  to  and  for  the  delegates  of 
New  York,  ^his  state,  in  the  honorable  the  congress  of  the  United 
1780.      '  States  of  America,  or  the  major  part  of  such  of  them 
as  shall  be  assembled  in  congress,  and  they  the  said 
delegates,  or  the  major  part  of  them  so  assembled,  are 
hereby  fully  authorized  and  empowered,  for  and  on  be- 
half of  this  state,  and  by  proper  and  authentic  acts  or 
instruments,  to  limit  and  restrict  the  boundaries  of  this 


THE   UNITED    STATES   OF   AMERICA.  751 

UNDER  THE  DECLARATION  OF  INDEPENDENCE.        ParT  IV, 

state  in  the  western  part  thereof,  by  such  line,  or  lines,  The  crisis 
and  in  such  manner  and  form,  as  they  shall  judge  to  fJjeraUon' 
be  expedient;  either  with  respect  to  the  jurisdiction  n79-8i. 
as  well  as  the  right  or  pre-emption  of  soil ;  or  reserv-  Ses^^em- 
ing  the  jurisdiction  in  part,  or  in  the  whole,  over  the  powered 

to  rGstnct 

lands  which  may  be  ceded  or  relinquished,  with  respect  her  bound- 
only  to  the  right  or  pre-emption  of  the  soil.  ^"^^• 

'■'■And  be  it  further  enacted,  by  the  authority  aforesaid, 
that  the  territory,  which  may  be  ceded  or  relinquished, 
by  virtue  of  this  act ;  either  with  respect  to  the  juris- 
diction as  well  as  the  right  or  pre-emption  of  soil,  or 
the  right  or  pre-emption  of  soil  only;  shall  be  and 
ensue  for  the  use  and  benefit  of  such  of  the  United 
States,  as  shall  become  members  of  the  Federal  Alii- ^"^^^°®®^ 
ance  of  said  states,  and  for  no  other  use  or  purpose  what- s^&jit. 
soever.'''' 

'•'■And  be  it  further  enacted,  by  the  authority  aforesaid,  Lands, 
that  all  the  lands  to  be  ceded  and  relinquished,  by  vir-  disposed 
tue  of  this  act,  for  the  benefit  of  the  United  States,  with^^' 
respect  to  property,  but  which  nevertheless  shall  remain 
under  the  jurisdiction  of  this  state,  shall  be  disposed 
of  and  appropriated  in  such  manner  only,  as  the  con- 
gress of  the  said  states  shall  direct ;  and  that  a  warrant 
under  the  authority  of  congress,  for  surveying  and  lay- 
ing out  any  part  thereof,  shall  entitle  the  party  in  whose 
favor  it  shall  issue,  to  cause  the  same  to  be  surveyed 
and  laid  out,  and  returned  according  to  the  directions 
of  such  warrant ;  and  thereupon  letters  patent  under 
the  great  seal  of  this  state  shall  pass  to  the  grantee  for 
the  estate  specified  in  said  warrant ;  for  which  no  other 
fee  or  reward  shall  be  demanded  or  received,  than  such 
as  shall  be  allowed  by  congress. 

'■'■Provided  always,  and  be  it  further  enacted,  by  the  Proviso, 
authority  aforesaid,  that  the   trust   reposed,  by  virtue 
of  this  act,  shall   not  be  executed  by  the  delegates  of 
this  state,  unless  at  least  three  of  the  said  delegates  shall 
be  present  in  the  congress : 

"  State  of  New  York,  ss.    I  do  hereby  certify,  that  the 


752 


THE  GOVERNMENTAL  HISTORY  OP 


Part  IV. 


THE    REVOLUTIONARY    UNION    OF   THE    COLONIES 


The  crisis  aforegoing  is  a  true  copy  of  the  original  act,  passed 
federlS;  19th  February,  1780,  and  lodged  in  the  secretary's 
1779-81.  '  office. 


Proceed- 
ings in 
congress, 
upon  the 
mediatory 
act  of 
New  York, 


Necessity 
of  releas- 
ing land 
claims  to 
promote 
the  con- 
federation. 


Robert  Harpur,  Dep,  Sec'y  of  State.^^ 


This  magnanimous  act  on  the  part  of  the  state  of 
New  York  was  laid  before  congress  March  7th, 
1780,  and  its  provisions  formally  carried  out  by  the 
delegates  from  that  state.  In  September  of  the  same 
year,  the  congress  made  it  the  basis  of  an  appeal  to  the 
other  states  for  a  similar  cession  of  their  territorial 
claims.     To  speak  from  the  record : 

"  September  6th,  1780.  Congress  took  into  considera- 
tion the  report  of  the  committee  to  whom  was  referred 
the  instructions  of  the  General  Assembly  of  Maryland 
to  their  delegates  in  congress  respecting  the  articles  of 
confederation ;  and  the  declaration  therein  referred  to ; 
the  act  of  the  legislature  of  New  York  on  the  same 
subject;  and  the  remonstrance  of  the  General  Assem- 
bly of  Virginia ;  which  report  was  agreed  to,  and  was 
in  the  words  following : 

"  That  having-  duly  considered  the  several  matters  to 
them  submitted,  they  conceive  it  unnecessary  to  exam- 
ine into  the  merits  or  policy  of  the  instructions  or 
declaration  of  the  general  assembly  of  Maryland;  or 
of  the  remonstrance  of  the  general  assembly  of  Vir- 
ginia; as  they  involve  questions,  a  discussion  of  which 
was  declined  on  mature  consideration,  when  the  arti- 
cles of  confederation  were  debated ;  nor,  in  the  opinion 
of  the  committee,  can  such  questions  be  now  revived 
with  any  prospect  of  conciliation:  That  it  appears 
more  advisable  to  press  upon  those  states  which  can 
remove  the  embarrassments  respecting  the  western 
country,  a  liberal  surrender  of  a  portion  of  their  ter- 
ritorial claims,  since  they  cannot  be  preserved  entire 
without  endangering  the  stability  of  the  general  con- 
federacy; to  remind  them  how  indispensably  necessary 
it  IS  to  establish  the  Federal.  Union  on  a  fixed  and  per- 


THE   UNITED    STATES    OF  AMERICA.  753 


UNDER    THE    DECLARATION    OF    INDEPENDENCE.  PaRT    IV. 

manent  basis,  and  on  principles  acceptable  to  all  its  The  crisis 
respective  members;  lio\y  essential  to  public  credit  and fyjjjJ.jjtiQ„' 
confidence;  to  the  support  of  our  army;  to  the  vigor  I'^'^^-^i • 
of  our  councils  and  success  of  our  measures;    to  our 
tranquillity  at  home;  our  reputation  abroad;   to  our  Appeal  to 
very  existence  as  a  free,  sovereign,  and   independent  ^'^^^  ^'^'^'^^ 
people:      That  they  are  fully  persuaded,  the  wisdom  of  gress.Sept. 
the  respective  legislatures  will  lead  them  to  a  full  and  ^  ' 
impartial  consideration  of  a  subject  so  interesting  to 
the  United  States,  and  so  necessary  to  the  happy  estab- 
lishment of  the  Federal  Union:     That  they  are  con- 
firmed in  these  expectations  by  a  review  of  the  before 
mentioned  act  of  the  legislature  of  New  York,  submit- 
ted to  their  consideration;   that  this  act  is  expressly 
calculated  to  accelerate  the  Federal  Alliance,  by  re- 
moving, as  far  as  depends  on  that  state,  the  impediment 
arising  from  the  western  country;  and  for  that  purpose 
to  yield  up  a  portion  of  territorial  claim  for  the  general 
benefit ;  whereupon, 

"  Resolved,   That  copies  of  the  several  papers  referred  Resolution 
to  the  committee,  be  transmitted  with  a  copy  of  the  i"e- "tft  "s°to 
port,  to  the  legislatures  of  the  several  states,  and  that  cede  west- 
it  be  earnestly  recommended  to  those  states  who  have 
claims  to  the  western  country,  to  pass  such  laws,  and 
give  their  delegates  in  congress  such  powers,  as  may 
effectually  remove  the  only  obstacle  to  a  final  ratification 
of  the  articles  of  confederation ;  and  that  the  legisla-  Appeal  to 
ture  of  Maryland  be  earnestly  requested  to  authorize 
their  delegates  in  congress  to  subscribe  the  said  arti- 
cles." 

This  resolution  was  followed,  in  October  of  the  same  Further 
year,  by  another,  wherein  the  congress  pledged  the  '■^^°^"'^°'*- 
faith  of  the  people  of  the  United  States  that  such  lands 
as  might  be  ceded,  should  be  used  solely  for  the  gen- 
eral benefit ;  and  to  carve  out  of  them  new  states  which 
should  be  thereafter  included  within  the  general  confed- 
eracy.    This  resolution  was  as  follows,  viz. : 

"In  Congress,   Tuesday,   October  10th,  1780.      Re- 
48 


754  THE   GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  revolutionakt  union  of  the  colonies 

The  crisis  solvcd,  that  the  unappropriated  lands  that  may  be  ceded 
fedcrat-on,  01"  relinquished  to  the  United  States,  by  any  particular 
i'?79-8i.    state,  pursuant  to  the  recommendation  of  congress  of 
the  sixth  of  September  last,  shall  be  disposed  of  for  the 
Pledge  of  common  benefit  of  the  United  States ;   and  be  settled 
refcrencV"  ^^^^  formed  iuto  distinct  republican  states ;  which  shall 
io  tiie  ter-  become  members  of  the  Federal  Union,  and  have  the 
ceded,  Oct!  same  rights  of  sovereignty,  freedom,  and  independence, 
10,1780.    as  the  other  states:     That  each  state,  which  shall  be  so 
formed,  shall  contain  a  suitable  extent  of  territory;  not 
less  than  one  hundred  nor  more  than  one  hundred  and 
fifty  miles  square,  or  as  near  thereto  as  circumstances 
will  admit:      That  the   necessary  and  reasonable  ex- 
penses which  any  particular  state  shall  have  incurred 
since  the  commencement  of  the  present  war,  in  sub- 
duing any  British  posts ;  or  in  maintaining  forts  or  gar- 
risons within  and  for  the  defence,  or  in  acquiring  any 
part,  of  the  territory  that  may  be  ceded  or  relinquished 
to  the  United  States,  shall  be  reimbursed:     That  the 
said  lands  shall  be  granted,  or  settled,  at  such  times, 
and  under  such  regulations,  as  shall  hereafter  be  agreed 
on  by  the  United  States,  in  congress  assembled,  or  any 
nine  or  more  of  them." 


Effect  of  The  appeal  and  the  pledge  contained  in  the  foregoing 
lutionr^"  resolutions,  were  readily  responded  to,  and  the  exam- 
ple of  New  York  was  cordially  followed  by  Virginia, 
Massachusetts  Bay,  Connecticut,  North  and  South  Caro- 
lina, and  Georgia;  and  thus  this  fearful  source  of  con- 
troversy was  removed,  so  far  as  the  Federal  Alliance 
was  concerned,  and  with  its  removal  terminated  the 
crisis  of  the  confederation. 
Third  The  cession  by  Virginia  quieted  the  apprehensions 

IT.rdeic-^  of  Maryland,  and  on  Monday,  February  twelfth,  1781, 
gates  from  the  delegates  from  that  state  laid  before  congress  a  cer- 
Feb."'^i78i.tificd  copy  of  an  act  of  their  legislature,  which  was 
See  p.  712.  read  as  follows: 

^^An  act  to  empower  the  delegates  of  this  state  in 


THE   UNITED    STATES   OP   AMERICA.  756 

UNDKR    THE    DECLARATION    OF    INDKPENDESCE.  PaRT   IV. 

congress,  to  subscribe  and  ratify  the  articles  of  confed-  The  ar- 

, .  tides  of 

eration.  confcdera- 

"  Whereas,  it  hath  been  said  that  the  common  enemy  t'on  in 
is  encouraged  by  this  state  not  acceding  to  the  coiifedc-  nsT. 
ration,  to  hope  that  the  union  of  the  sister  states  may 
be  dissolved;  and  therefore  prosecutes  the  war  in  ex- powering 
pectation  of  an  event  so  disgraceful  to  America;  ^i^d  |.^'|^j'^'^*^^g 
our  friends  and  illustrious  Ally,  are  impressed  with  an  confcdera- 
idea  that  the  common  cause  would  be  promoted  by  our 
formally  acceding   to  the  confederation;   this  general 
assembly,  conscious  that  this  state  hath,  from  the  com- Reasons 
mencement  of  the  war,  strenuously  exerted  herself  in    '^'^^  °'"* 
the  common  cause ;  and  fully  satisfied  that  if  no  formal 
confederation  was  to  take  place,  it  is  the  fixed  determi- 
nation of  this  state  to  continue  her  exertions  to  the 
utmost,  agreeable  to  the  faith  pledged  in  the  iinioit;  from 
an  earnest  desire  to  conciliate  the  afiectioii  of  the  sister 
states;   to  convince  all  the  world  of  our  unalterable 
resolution  to  support  the  independence  of  the  United 
States,  and  the  alliance  with  his  Most  Christian  Majesty ; 
and  to  destroy  forever  any  apprehension  of  our  friends,  The  alter- 
or  hope  in  our  enemies,  of  this  state  being  again  wwi^e6?ije avoided. 
to  Great  Britain: 

'■''Be  it  enacted,  by  the  General  Assembly  of  Mary- Delegates 
land,  that  the  delegates  of  this  state  in  congress,  org|."^°t^" 
any  two  or  three  of  them,  shall  be  and  are  hereby  em-  ratify. 
powered  and  required,  on  behalf  of  this  state,  to  sub- 
scribe the  articles  of  confederation  and  perpetual  union 
between  the  states  of  New  Hampshire,  Massachusetts 
Bay,  Rhode  Island  and  Providence  Plantations,  Con- 
necticut, New  York,  New  Jersey,  Pennsylvania,  Del- 
aware,   Maryland,    Virginia,    North    Carolina,    South 
Carolina,  and  Georgia,  signed   in    the    General  Con- 
gress   of    the    said  states,   by    the    honorable    Henry 
Laurens,  Esq.,  their  then  president;    and  laid  before 
the  Legislature  of  this  state  to  be  ratified,  if  approved. 

"  And  that  the  said  articles  of  confederation  and  per- 
petual union,  so  as  aforesaid  subscribed,  shall  thence- 


756  THE  GOVERNMENTAL    HISTORY  OP 


PaKT    IV.  THE    RKVOLUTIONARY    UNION    OF    THE    COLONIES 


The  ai'ti-  forth  be  ratified  and  become  conclusive  as  to  this  state, 
*^*^^f'^dera.  ^^^  obligatory  thereon.  And  it  is  hereby  declared, 
tionin  that  by  acceding  to  the  said  confederation,  this  state 
I78i!^^^^'  ^0^1^  i^ot  relinquish,  or  intend  to  relinquish,  any  right 
Third  re-  or  interest  she  hath,  with  the  other  united  or  confed- 
P^J'^p^'JI™'  erated  states,  to  the  back  country ;  but  claims  the 
cation  by,  game  as  fully  as  was  done  by  the  legislature  of  this 
Feb.,  1781.  state,  in  their  declaration  which  stands  entered  on  the 
Reserva-  journals  of  congress :  This  state  relying  on  the  justice 
*'*'"•  of  the  several  states  hereafter,  as  to  the  land  claimed 

by  this  state. 
Further  ^^And  it  is  further  declared,  that  no  article  in  the 

quaiifica-  g^^-^j  confederation  can,  or  ought  to,  bind  this  or  any 
other  state,  to  guarantee  any  exclusive  claim  of  any 
particular  state  to  the  soil  of  the  said  back  lands,  or 
any  su'ch  claim  of  jurisdiction  over  the  said  lands,  or 
the  inhabitants  thereof. 

"By  the  House  of  Delegates,  January  30th,  1781, 
read  and  assented  to.     By  order, 

F.  Green,  Clerk. 

"By  the  Senate,  February  2d,  1781,  read  and  as- 
sented to.     By  order, 

James  Macubbin,  Clerk. 
"Tho.  S.  Lee,  (L.  S.)" 


tiOQ. 


Final  rati-      "  In  CONGRESS,  March  1st,  1781.     According  to  the 
ficationof  Qp^^p  Qf  i\^q  ^qv,  the  honorable  John  Hanson  and  DaTi- 

the  con-  •'  ' 

federation,  iel  Carroll,  two  of  the  delegates  for  the  state  of  Mary- 

mi.^  ^^*'  land,  in  pursuance  of  the  act  of  the  legislature  of  that 

state,  entitled  '  An  act  to  empower  the  delegates  of  this 

state  in  congress  to  subscribe  and  ratify  the  articles  of 

confederation  ;'  which  was  read  in  congress  on  the  12th 

of  February  last,  and  a  copy  thereof  entered  on  the 

minutes ;  did,  in  behalf  of  the  said  state  of  Maryland, 

See  the      sign  and  ratify  the  said  articles ;  by  which  act  the  Con- 

^''/^'f '  .  federation  of  the  United  States  of  America  was  com- 

630.  pleted,  each  and  every  of  the  thirteen  United  States, 

from  New  Hampshire  to  Georgia,  both  included,  liav- 


THE   UNITED    STATES   OF  AMERICA.  ISf 


nNDER    THE    DECLARATION    OF    INDEPENDENCE.  PaRT    IV. 

ing  adopted  and  confirmed,  and  by  their  delegates  in  signatures 

,  ./>     1  ii  )>  to  the  arti- 

congress,  ratified  the  same.  ^1^,  ^f 

I  sul)join  the  names  of  the  delegates  by  whom  the  confcdera- 
ratification  was  signed,  on  behalf  of  their  respective      ' 
states  : 

NEW  HAlVIPSinRE. 
JosiAH  Bartlett,  John  Wentworth,  Je. 

MASSACHUSETTS  BAY. 
John  Hancock,  Francis  Dana, 

Samuel  Adams,  James  Lovell, 

Elbridge  Gerry,  Samuel  Holten. 

RHODE  ISLAND,  &c. 

William  Ellery,  John  Collins. 

Henry  Marchant, 

CONNECTICUT. 

Roger  Sherman,  Titus  Hosmeb, 

Samuel  Huntington,        Andrew  Adam. 
Oliver  Wolcott, 

NEW  YORK. 
Jas.  Duane,  William  Duer, 

Eras.  Lewis,  Gouvr.  Morris. 

NEW  JERSEY. 
Jno.  Witherspoon,  Nathl.  Scudder. 

PENNSYLVANIA. 

RoBT.  Morris,  William  Clingan, 

Daniel  Roberdeau,  Joseph  Reed. 

JoNA.  Bayard  Smith, 

DELAWARE. 
Thos.  McKeane,  Nicholas  Van  Dyke.^ 

John  Dickinson, 

MARYLAND. 
John  Hanson.  Daniel  Carroll. 


768 


THE   GOVERNMENTAL   HISTORY   OP 


Part  IV. 


THE    PERMANENT    UNION 


Signatures 
to  the  arti- 
cles of 
confedera- 
tion, 1781. 


Effect  of 
the  ratifi- 
cation up- 
on the  in- 
dependen- 
cy of  the 
United 
States. 


American 
independ- 
ency in 
Great 
Britain, 
1777-82. 


VIRGINIA. 
Richard  Henry  Lee,        Jno.  Harvie, 
John  Banister,  Francis  Lightfoot  Lee. 

Thomas  Adams, 

NORTH  CAROLINA. 

John  Penn,  Jno.  Williams. 

Corns.  Harnett, 

SOUTH  CAROLINA. 

Henry  Laurens,  Hichard  Hutson, 

Wm.  Henry  Drayton,      Thos.  Heyward,  Jb. 
Jno.  Matthews, 

GEORGIA. 

Jno.  Walton,  Edwd.  Langworthy. 

Ed  WD.  Telfair, 


The  final  ratification  of  the  Articles  of  Confedera- 
tion and  perpetual  union,  by  the  thirteen  United  States, 
opened  again  a  new  and  important  era  in  our  govern- 
mental history.  It  gave  to  their  union  the  sacred  and 
inviolable  seal  of  a  perpetual,  irrevocable  compact.  It 
elevated  them  in  their  national  character  to  rank  and 
respectability  among  the  empires  of  the  world.  It  at- 
tracted towards  them  the  consideration,  the  interest, 
and  the  sympathy,  of  foreign  courts  and  princes,  which 
enabled  them  with  more  facility  to  obtain  loans,  and 
negotiate  alliances ;  while  it  also  settled  the  question 
of  their  independency  in  the  councils  of  Great  Britain. 

Had  the  prevailing  sentiment  of  the  parent  nation, 
as  it  existed  out  of  parliament  and  among  the  people, 
been  allowed  to  influence  administration,  the  inde- 
pendency of  America  would  have  been  acknowledged 
by  Great  Britain  soon  after  it  was  declared  by  the 
Colonies,  if  for  no  other  reason  than  that  the  heart 
of  the  nation  was  horrified  and  sickened  by  the  inhu- 
manity, the  barbarity,  and  the  injustice,  with  which 


THE   UNITED    STATES   OF   AMERICA.  759 

UNDER    TUE    CONFEDERATION.  PaRT    IV. 

the  "war  was  carried  on.     We   have  heard  the  com- American 
plaints  of  America  on  this  head,  and  to  complete  our  "''^'^'PS"^- 
work  we  turn  now  to  the  record  as  it  is  written  on  the  t'^iit 
other  side  of  the  Atlantic.  1777-82. 

The  Duke  of  Richmond  uttered  the  popular  senti- 
ment, in  his  place  in  the  House  of  Lords,  in  November, 
1777,  when  he  characterized  the  conduct  of  the  war  in 
America  by  Great  Britain,  as  "shocking  beyond  de- 
scription to  every  feeling  of  a  christian  or  of  a  man ! " 
"When,"  he  continued,  "we  have  heard  of  the  cruelty  The  Duke 
of  other  civil  wars,  we  used  to  rejoice  not  to  have  the  l^fo^j'^oa 
age,  or  the  country  we  lived  in,  the   scene  of  such  the  con- 
misery;  but  to  see   England,  formerly  famous  for  hu- the  war. 
manity,  coolly  suffering  the  worst  of  barbarities  to  be^^^f^^^ 
exercised  on  her   fellow-subjects,    and   appearing   un-NoT.,  i77Y. 
touched  by  tliQ  woes  she  causes,  because  they  arc  at  a 
distance  and  she  does  not  experience  any  of  them  her- 
self, must  be  truly  mortifying  to  any  man  who  is  in 
the  smallest  degree  possessed  of  national  pride. 

"If  ever  any  nation  shall  deserve  to  draw  down 
upon  her  the  Divine  vengeance  for  her  sins,  it  will  be 
this,  if  she  suffers  such  a  horrid  war  to  continue.  To 
me,  Avho  think  we  have  been  originally  in  the  wrong, 
it  appears  doubly  unpardonable.  But  even  supposing 
we  were  right,  it  is  certainly  we  who  produce  the  war. 
And  1  do  not  think  any  consideration  of  dominion  or 
empire  sufficient  to  warrant  the  sacrifices  to  it.  The 
best  rights  may  be  bought  too  dear,  nor  are  all  means 
justifiable  in  attaining  them.  To  arm  negro  slaves  Barbaritiea 
against  their  masters  ;  to  arm  savages,  who  we  know  of  the  war. 
will  put  their  prisoners  to  death  in  the  most  cruel  tor- 
tures, and  literally  eat  them  ;  is  not,  in  my  opinion,  a 
fair  war  against  fellow-subjects. 

"When  we  are  unfortunately  obliged  to  war  with 
other  nations,  mutual  esteem  soon  takes  place  between 
the  troops,  and  reciprocal  humanity  prevails,  which 
greatly  alleviates  the  too  many  miseries  of  all  wars  ; 
but  in  the  present  contest,  every  mean  artifice  has 


760  THE   GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  permanent  union 

American  becii  used  to  eiicourage  tlie  soldiery  to  act  with  asper- 
ency'^iii'      ^^3^'  ^^  alcicrUy,  as  it  is  now  the  fashion  to  call  it. 
Great  "  Instead  of  taking  prudent  measures  to  restrain  the 

1 777-82.    military  within  the  closest  bounds  of  discipline  ;  instead 
of   making  them  sensible,  that,  as  they  were  to   act 
against   their    countrymen,  every  possible   means   of 
saving  their  lives,  and  sparing  their  property,  should 
The  Duke  ^®  used,  and  every  degree  of  compassion  shown  to  men 
of  Rich-     who  only  erred  from  mistaken  notions,  and  were  still 
the  con-     to  bc  Considered  as  subjects  of  the  same  king ;  they 
duct  of      have  been  encouraged,  by  authority,  to  look  upon  their 
House  of    opponents  as  cowards,  traitors,  rebels,  and  everything 
Is'ov  ^777  ^^^^^  ^^  ^'^^^  >  ^'^^  their  property  has  been,  by  law,  de- 
clared lawful  plunder.     The  natural  effects  have  fol- 
lowed.    A  military  thus  let  loose,  or  rather  thus  set  on, 
ijreWs^Pj^r.  have  given  vent  to  that  barbarity  which  degrades  hu- 
liamentary  j^^n  nature  ;  and  a  total  want  of  discipline  and  good 
1777.     '    order  is  said  to  prevail."* 

So  also  when  the  Colonial  and  French  alliance  be- 
came known  in  England,  the  whole  nation  was  alarmed 
and  cried  out  for  peace  with  America.     The  announce- 
ment of  it  in  parliament  produced  among  the  opposi- 
tion members,  in  both  houses,  the  most  bitter  denun- 
ciations of  the  ministry  ;  and  the  necessity  of  abandon- 
ing the  contest  altogether  was  warmly  insisted  upon, 
while  tl>e  ministerial  leaders  and  their  adherents  were 
actually  dumb  with  amazement. 
The  Earl         The  Earl  of  Abingdon  rose  in  his  place  in  the  House 
dorf  on"the  ^^  Lords,  and  said :  "  I  rise  to  express  my  utmost  indig- 
aiiiance      nation  at  what  I  have  this  day  heard  from  his  majesty's 
France,      ministers.     My  lords,  his  majesty  is  betrayed,  this  house 
March,       jg  trifled  with,  the  nation  is  insulted  ;  but  I  hope,  my 
lords,  this  house  has  not  lost  its  resentment,  and  that 
Englishmen  will  no  longer  bear  the  treatment  they  have 
met  with.     It  is  not  more  than  twelve  days  past,  that 
ministers   told  us   that  no  treaty  was  signed  between 
France  and  America ;  and  that  they  had  every  assur- 
ance of  peace  with  France.     And  now,  my  lords,  we 


THE   UNITED   STATES   OF   AMERICA.  761 

UNDER    THK    CONFEDKRATION.  Pa  UT    IV. 

are  told  by  those  very  ministers,  that  a  treaty  is  signed  American 
between  France  and  America :  And,  by  a  message  from  eucy' la  ' 
bis  majesty,  we    arc   called   upon    to   go   to  war  with  ^^T^\ 
France.    Is  this  possible,  my  lords  ?    A  war  with  France  !  1777-82. 
Yes,  and  with  Spain  too  !    Unable  to  cope  with  America 
singly,  we  are    to   have  a  war  with  France,  and  with 
Spain  united,  as  if  in  our  very  weakness  consisted  our 
strength.     This  is  madness,  it  is  desperation,  it  is  folly  ! 
No,  my  lords,  it   is  neither,  it  is   wickedness.     This 
country  is  sold  to  France.     When  suspicious  men  leave 
their  duty  and  their  office  here,  and  inofficially  take 
journies  to  Paris,  there  is  something  more  than  suspi- 
cion  in  this.     If  this  country  becomes  a  province  of  Debate  on 
France,  as  I  too  much  fear  it  will,  that  infamous  family  ^^^  ^^g'^j„ 
of  the  Stuarts  may  again  be  seated  on  the  British  throne,  fiance  with 

FraiicG. 

My  lords,  there   is  no  other  key  to  open  the  mystery  House  of 
of  these  measures,  and  I  am  not  single  in  my  opinion :  jb^'^^f' 
The  eyes  of  many  see  it  in  the  same  light,  and  I  could  1778. 
■wish  it  to  become  the  subject  of  your  lordship's  atten- 
tion." 

The  Duke  of  Richmond  said — "  If  we  attack  France,  The  duke 
America  is  bound  in  honor  to  assist  her  against  us ;  ^ond^ 
and  if  we  could  not  conquer  America  singly,  when 
joined  with  France  there  appears  to  be  little  hopes  of 
our  success  ;  I  beg  your  lordships,  therefore,  maturely 
to  consider  the  consequence  of  a  rupture  with^  France 
on  the  ground  of  the  treaty.  Commencing  a  war  upon 
such  a  ground  would  not  only  confirm  the  independ- 
ency of  America,  but  put  an  end  to  all  hopes  of  recon- 
ciliation with  her  on  any  terms." 

The  Duke  of  Grafton  said — "  The  crisis  is  such  as  The  duke 
justifies  the  interference  of  every  honest  citizen  who  ^^^^***°' 
has  any  stake  to  lose.  The  public  are  intimately  con- 
cerned in  the  event  of  the  present  measures.  Every- 
thing dear  to  them,  as  men,  or  citizens,  was  committed. 
The  consequence  of  these  measures  would  decide 
whether  they  were  to  possess  their  liberties  and  prop- 
erties.    I  would  ask  the  most  zealous  supporters  of  the 


762 


THE  GOVERNMENTAL   HISTORY  OF 


Part  IV. 


THE    PERMANENT    UNION 


American 
independ- 
ency in 
Great 
Britain, 
1777-82. 


Debate  on 
the  war, 
House  of 
Lords, 
March, 
1778. 


The  duke 
of  Rich- 
mond 
scouts  the 
idea  of 
subduing 
America, 
April, 
1778. 


Moves  an 
address  to 
the  crown. 


present  administration  if  there  is  the  most  distant  pros- 
pect of  any  one  measure  succeeding  in  their  hands  ? 
Ministers  were  indeed  honest  enough  not  to  pretend  it. 
They  have,  in  this  instance,  given  one  proof  of  their 
modesty  and  candor,  they  are  silent.  Are  you  able  to 
conquer  or  conciliate  America  ?  Are  you  able  to  defend 
the  several  dependencies  of  the  British  empire  ?  Are 
you  more  than  a  match  for  France  and  Spain  in  the 
European  seas  ?  Have  you  one  ally  on  the  continent 
of  Europe  ?  The  answers  to  all  this,  are  reducible  to 
a  tacit  no.  They  virtually  reply,  no,  because  they  de- 
cline to  answer." 

The  Duke  of  Richmond  again  rose  and  said — "  The 
very  idea- of  forcing  America  back  to  subjection,  and 
conquering  the  thirteen  provinces,  is  so  absurd  that 
the  eyes  of  all  Europe  have  been  provoked  to  regard 
the  attempt  as  impossible.  To  carry  on  a  war  at  such 
a  distance  as  America  is  situated  from  Britain,  to  trans- 
port an  army  of  forty  thousand  men  across  so  extensive 
a  sea  as  the  Atlantic,  and  to  suppose  it  possible  to 
victual  that  army  by  sending  it  provisions  from  Europe, 
is  considered  altogether  a  project  unparalleled  in  his- 
tory, and  so  improbable  to  be  successfully  practiced, 
that  every  nation  in  the  least  conversant  with  the  art 
of  war,  confesses  its  admiration  of  the  lunatic  scheme. 
I  beg  your  lordships  to  consider,  that  the  acts  of  mad- 
men create  admiration  as  well  as  the  acts  of  the  sensi- 
ble. It  is  as  natural  to  wonder  that  any  man  should 
dare  attempt  what  was  highly  probable  to  end  in  his 
ruin,  as  it  is  to  be  surprised  at  those  bold  efforts  which 
nothing  but  the  most  solid  judgment  and  the  most  seri- 
ous wisdom  could  dictate.  I  have  joined  in  the  admi- 
ration confessed  by  all  the  world,  and  finding  (as  I 
have  with  others  supposed)  that  the  attempt  to  conquer 
America  will  fail,  I  have  thought  it  necessary  to  move 
an  inquiry  into  the  state  of  the  nation,  that  your  lord- 
ships might,  if  it  were  possible,  adopt   such  measures 


THE   UNITED    STATES   OF   AMERICA.  763 

UNDER    THE    CONFEDKRATION.  PaRT    IV. 

as  are  likely  to  avert  the  ruin  which  threatens  the  king-  American 
dom,  on  account  of  the  war  with  America.  mdepend- 

'  cticy  m 

The  Duke  concluded,   by  moving  an  address  to  the^^i'^-^\ 
crjivn,  which    address   he   read  to  the  house,  then  in  i77'fl8a. 
committee  of  the  whole  on  tlie   state  of  the  nation. 
The   address   enters  fully  into  the  condition  of  affairs,  Debate  on 
and   proceeds  to  say,  "  from  this   view  of  things  we  uouse  of 
are  led  to  conclude,  that  if  the  whole  force  in  North  Lords, 

Anril 

America,  (which  for  these  last  two  years  has  been  so  1778.' 
greatly  superior  to  what  there  seems  to  be  any  possi- 
bility of  making  it  in  the  course  of  this  year),  has  made 
so  little  impression  towards  the  reduction  of  the  prov- 
inces by  arms,  at  a  time  when  they  were  very  deficient 
in  military  preparations  of  all  sorts  ;  had  neither  money, 
arms,  ammunition,  magazines,  clothing,  discipline  or 
government ;  when  the  assistance  they  might  receive 
from  foreign  nations  was  far  less  than  it  has  been  since,  xhe  duko 
and  is  likely  to  be  in  future,  by  the  avowed  part  which  of  R'di- 

_  ,  .     .  niond's 

J^  ranee  has  taKcn ;  it  is  not  reasonable  to  suppose  that  motion  for 
they  may  now  be  reduced  by  a  force,  which  we  cannot  ^°  ^•^'^rcaa 
make  even  equal  to  that  which  has  failed  under  circum- crown, 
stances  in  every  respect  more  favorable. 

"  That  we  conceive  this  impossibility  not  to  have 
arisen  from  the  accidents  of  this  war,  but  to  result  from 
the  very  course  of  nature  ;  to  be  the  necessary  conse- 
quence of  an  attempt  to  reduce  to  servitude  a  numer- 
ous people,  united  in  the  defence  of  their  liberties,  in  a 
distant,  extensive,  and  strong  country. 

"  That  we  conceive  that  his  majesty,  and  the  parlia- 
ment, could  not  have  been  induced  to  prosecute  so  fatal 
a  war,  but  from  the  misled  information  they  received 
of  the  disposition  of  the  people  in  America ;  of  their 
disunion ;  and  of  the  possibility  of  reducing  them  by 
force  of  arms,  to  unconditional  submission,  and  to  the 
acknowledgment  of  the  supreme  authority  of  parlia- 
ment, before  a  complaint  even  of  just  grievances  should 
be  listened  to.  ^ 

*'  That  it  was  the  peculiar  duty  of  his  majesty's  min- 


764  THE   GOVERNMENTAL   HISTORY  OP 

Part  IV.  the  permanent  union 

American  isters,  to  prociire  correct  information  on  matters  of  such 
cncy'fn  '  ^^^S^^  importance,  and  to  have  laid  tlie  whole  of  such 
Great        information  before  his  maiesty,  and  before  parliament, 

Britain,  .  ,,,.  .  '',  f  ,-,' 

1777-82.  previous  to  their  proposing  such  steps  as  have  led  us 

Debate  on  into  our  present  calamitous  situation. 
House  of        "  That  we  cannot  but  lament,  that  when  propositions 

Lords,  of    g^    similar    nature   to   those   lately   proposed    and 

1778.'  enacted,  were  three  years  ago  repeatedly  offered   to 

The  duke  parliament,  in  both  houses,  his  majesty's  ministers,  the 

of  Rich-       ^  '  ,  n     .        1 

mood's      very  men  who  now  have  advised  greater  concessions, 

an' address  ^^^'  ^P^^  delusive  arguments  and  false  representations, 

to  the       prevail  on  parliament  to  reject  those  propositions,  at  a 

time  when  they  would  probably  have  been  successful, 

and  might  have  prevented  the  prodigal,  and,  we  fear, 

fruitless  waste  of  so  much  treasure,  and  the  still  more 

to  be  lamented  eifusion  of  so  much  blood. 

Advises  a       "  That  under  these  circumstances,  we  can  give  his 

withdrawal  j^ajegty  110  otlier  advice,  than  instantly  to  withdraw  his 

of  lorces  ^       j  i  j 

from  fleets  and  armies  from  the  thirteen  revolted  provinces, 
'^^  where  they  are  decaying  and  wasting,  where  they  sub- 
sist with  difficulty,  cost  immense  sums  of  money,  can 
answer  no  good  purpose,  particularly  at  this  time,  when 
they  are  much  wanted  for  our  security  at  home ;  to 
effectuate  conciliation  with  the  colonies  on  such  terms 
as  may  preserve  their  good-will,  on  the  preservation  of 
which  the  future  greatness  of  this  nation  may  in  a  great 
measure  depend." 

Lord  Chat-      ^'''^  Earl  of  Chatham,  who  had  been  for  a  long  time 

ham  on  ^Qr^i  from  the  national  councils  by  infirmity  and  sick- 
the  motion       ^       .  1,1,1.  p    -,  • 

for  an  ad-  noss,  impelled  by  the  importance  oi  the  occasion,  had 
^ess  to  come  into  parliament  and  was  present  during  this  de- 
bate, and  when  this  motion  was  made  :  William  Pitt, 
the  earl  of  Chatham,  was  one  of  the  most  powerful 
exponents  and  eloquent  defenders  of  constitutional 
freedom  that  ever  adorned  the  legislative  annals  of  any 
nation.  He  was  always  the  friend  of  America,  and 
early  espoused  the  cause  of  the  colonies  as  an  act  of 
justice  to  them  as  well  as  fidelity  to  the  British  consti- 


THE    UNITED    STATES    OF    AMERICA.  765 

UNDER   THE    CONFEDERATION.  PaRT    IV. 

tutioii :     He  never  tolerated  the   idea  of  their  inde-  American 
pendency,  but  he  now  saw,  with  evidently  deep  solici- j\'||^.p^"' 
tude,  everything    tending   towards   that   result :     He  tJreat 
came  forward  therefore  not  as  the  foe  of  America,  nori777_82. 
yet  as  the   apologist  or  defender  of  ministerial  meas- 
ures, but  in  pure,  patriotic,  love  and  pride  for  that  great  Debate  on 
kingdom,  whose  greatness   had  been,  in  a  large  meas-  House  of 
Tire,  the  fruit  of  his  own  labors,  and  had  always  filled  ^^''^s* 
his  ambition  and  his  heart.  1778.' 

His  lordship  began  by  lamenting  that  his  bodily  in- 
firmities had  so  long,  and  especially  at  so  important  a 
crisis,  prevented  his  attendance  on  the  duties  of  par- 
liament. He  declared  that  he  had  made  an  effort 
almost  beyond  the  powers  of  his  constitution  to  come 
down  to  the  house  on  this  day,  (perhaps  the  last  time 
he  should  ever  be  able  to  enter  its  walls,)  to  express 
the  indignation  he  felt  at  an  idea  which  he  understood  The  Earl 
had  gone  forth,  of  yielding  up  the  sovereignty  of  ham  on  the 
America !  °^°^'?°  f«'' 

an  address 

"My  lords,"  he  continued,  "  I  rejoice  that  the  grave  to  the 
has  not  closed  upon  me ;  that  I  am  still  alive  to  lift  up  '^^°"'°' 
my  voice  against  the  dismemberment  of  this  ancient 
and  most  noble  monarchy  !  Pressed  down  as  I  am  by 
the  hand  of  infirmity,  I  am  little  able  to  assist  my 
country  in  this  most  perilous  conjuncture :  But,  my 
lords,  while  I  have  sense  and  memory,  I  will  never  con- 
sent to  deprive  the  royal  offspring  of  the  house  of 
Brunswick,  the  heirs  of  the  princess  Sophia,  of  their 
fairest  inheritance.  Where  is  the  man  that  will  dare 
to  advise  such  a  measure  ?  My  lords,  his  majesty  suc- 
ceeded to  an  empire  as  great  in  extent  as  its  reputation 
was  unsullied :  Shall  we  tarnish  the  lustre  of  this  na- 
tion by  an  ignominious  surrender  of  its  rights  and  fair- 
est possessions?  Shall  this  great  kingdom,  that  has 
survived  whole  and  entire  the  Danish  depredations,  the 
Scottish  inroads,  and  the  Norman  conquest ;  that  has 
stood  the  threatened  invasion  of  the  Spanish  Armada, 
now   fall   prostrate    before    the   House    of   Bourbon? 


766  THE   GOVERNMENTAL    HISTORY   OP 

Part  IV  tiik  permanent  union 

American  Surely,  my  lords,  this  nation  is  no  longer  what  it  was ! 
dencT^hi  Shall  a  people  that  seventeen  years  ago  was  the  terror 
Great  of  the  worlcl,  now  stoop  so  low  as  to  tell  its  ancient 
i'z75-82.    inveterate  enemy,  take  all  we  have  only  give  us  peace  ? 

It  is  impossible ! 
Debate  on       "I  wage  war  witli  no  man,  or  set  of  men.     I  wish 

the  war.  p    i     •  i  tit 

House  of    tor  none  ot  their  employments  ;  nor  would  i  co-operate 
Lords,        with  men  who  still  persist  in  unretracted  error  ;  or  who 
1778.         instead  of  acting  on  a  firm,  decisive  line  of  conduct, 
halt  between  two  opinions  where  there  is  no  middle 
path.     In  God's  name,  if  it  is  absolutely  necessary  to 
The  Earl     declare  either  for  peace  or  war,  and  the  former  cannot 
ham  on'the^^  preserved  with  honor,  why  is  not  the  latter  com- 
motion for  menced  without  hesitation  ?     I  am  not,  I  confess,  well 
to  the        informed  of  the  resources  of  this  kingdom  ;  but  I  trust 
crown.       j^  j-jg^g  g^^ii  sufficient  to  maintain  its  just  rights,  though 
I  know  them  not.     But,  my  lords,  any  state  is  better 
than  despair.     Let  us  at  least  make  one  effort :  and  if 
we  must  fall,  let  us  fall  like  men  !  " 

Here  his  lordship  sat  down  considerably  exhausted. 

Earl  Temple    said    to  him,    "  You  forgot  to  mention 

what  we  talked  of;  shall  I  get  up  ?  "     Lord  Chatham 

rej)lied,  "no,  no,  I  will  do  it  by  and  by." 

Tlie  Duke       The  Duke  of  Richmond  answered  the  noble  earl,  and 

moud  in     spoko  of  tlic  absurdity  of  expecting  success  in  Amer- 

^''P^J'^'?     ica,  and  expressed  his  anxiety  to  retain   the  Ameri- 

ham.         cans  as  allies,  "  because,"  he  said,  "  if  they  are  not  on 

terms  of  friendship  with   us,   they  must   necessarily 

throw  themselves  into  the  arms  of  France.      And  if 

we  go  to  war  with  France  on  account  of  the  late  treaty, 

the  colonies  will  look  upon  themselves  as  bound  in 

honor  to  assist  her." 

Lord  Chat-      The  Earl  of  Chatham,,  deeply  moved,  again  endeav- 

The  debate  orcd  to  risc  to  reply,  but  after  two  or  three  unsuccess- 

cut  off  by  f^i  attempts  to  stand  up  he  fell  down  on  his  seat  in  a 

his  sudden  ^  .  -,•        ^  •ii-i-nwi 

iUncss,       swoon,  and  was  immediately  assisted   by  the  Duke  of 
April  7th.    Qn^nbcrland,,  and  the  Earls  Temple,,  Stam  "ord,  and  oth- 
ers.    He  was  removed  thence  into  the  prince's  chain- 


THE    UNITED    STATES    OP    AMERICA.  7G7 

UNDKR    THE    CONFEDERATION.  I'aIIT    IV. 

ber,  and  Dr  Brocklesby,  who  happened  to  be  near,  im-  American 
mediately  attended  upon  him.     This  was  his  last  ap- IJJ'J^'J.P'^jJ' 
pearance  in  parliament ;  it  was  his  last  illness.     The  ^^lyat 
house  immediately  adjourned  to   the   next  day,  and]777_y2. 
before  the  debate  on  this  question  ended  the  Earl  of  "f^ce  J. 

r^i      1  I  *r  Dcbrett's 

C/mtnam  ivas  no  more  :  Pariia- 

This  patriotic  speech  of  Lord  Chatham,  and  the  sol-  ^^'^l^^J 

emn  and  thrilling  scene  which  closed  his  efforts,  pro- 1778. 

duced   a   powerful    impression   upon   the   house,  and 

defeated  the  motion  and  address  to  the  crown  proposed 

by  the  Duke  of  Richmond. 

The  debate  was  opened  again  in  connection  with  the  Debate  on 

the  war 

subject  of  the  French  Alliance,  in  the  House  of  Com- House  of 
mons,  at  the  next  meeting  of  parliament.     His  majesty  ^.^™™^"^- 
inaugurated  the  session  with  a  speech  from  the  throne, 
in  which  he  alluded  to  the  critical  conjuncture  which 
prompted  him  to  caU  them  together  ;  the  extraordinary  Speech  of 
and  unwarrantable  interference  of  France  "  by  the  clan- ^^^jj^^f  ^ 
destine  supply  of  arms  and  other  aid  to  the  revolted  opening  of 
provinces  in  America;  by  avowing  openly  their  sup- meat. 
port,  and  entering  into   formal  engagements  loith  the 
leaders  of  the  rebellion;  and  at  length,  by  committing 
open  hostilities  and  depredations  on  our  faithful  sub- 
jects in  America  and  the  West  Indies ; "  while  he  also 
informed  them  that "  the  conciliatory  measures,  planned 
by  the  wisdom  and  temper  of  parliament "  had  not  ter- 
minated the  troubles  in  America. 

The  Hon.   Mr.    Grenville    moved   an   "  address  of  Mr.  Gren- 
thanks  to  his  majesty  for  his  most  gracious  speech  from  l^^^  ^  ™''' 
the  throne ;    to    acknowledge    his   majesty's    paternal  thanks  to 
regard  for  the  happiness  of  his  people,  in  his  earnest  jesty.  * 
and  uniform  endeavors  to  preserve  the  public  tranquil- 
lity," regretting  that  the  measures  taken  had  failed  of 
accomplishing  the  desired  result,  and  assuring  his  maj- 
esty of  "  the  hearty  co-operation  and  concurrence  of  his 
faithful  Commons."     Mr.  J.  Campbell  seconded  the  mo- seconded 
tion,  saying  "that  the  conduct  of  America  had  made ^'^' ^^'■-  ■^■ 

-,  .-,■,-,  -,     ,        Campbell. 

rigorous  measures  necessary  and  unavoidable,  and  that 


768  THE   GOVERNMENTAL    HISTORY   OF 

Part  IV.  the  permanent  union. 

American  however  different  opinions  may  have  been  respectina; 

indepen-        .  .  .  id 

dency  in    America,  yet  respectmg  France  there  could  be  but  one 

BHtaln        Opinioil- 

1777-82,       Right  Hon.  T.  Townshend said  he  objected  to  the  words, 
'the  earnest  endeavors  to    maintain  the  public  tran- 
thc  motion  q^illity.'    He  declared  that  those  who  began  this  war  with 
of  thaniis  America  were  the  disturbers  of  the  public  tranquillity  ; 
king.         and  he  moved  to  amend  by  stating  in  the  proposed  ad- 
Coramons  ^^'^^s, "  that  WO  think  it  one  of  our  most  important  duties 
Nov.  1778.  in  the  present  melancholy  posture  of  affairs,  to  inquire 
Towns-      ^y  what  fatal  councils,  or  unhappy  system  of  policy,  this 
hend.        country  has  been  reduced  from  that  splendid  situation, 
which  in  the  early  part  of  his  majesty's  reign  made  her 
the  envy  of  all  Europe,  to  such  a  dangerous  state  as 
that  which  has  of  late  called  forth  our  utmost  exer- 
tions without  any  adequate  benefit." 
Mr.  Fox  on     j^f;-.  j^qx  seconded   the   amendment,  and  after  se- 
ment  to     vcrcly   arraigning  the  conduct  and  measures  of  the 
*f^h^° k°"  ^^ii^istry,  exclaimed — "  Good  God !  Sir,  are  these  the 
hands  into  which  you  will  trust  the  fate  of  your  em- 
pire?    Who  can  listen  to  such  facts  without  indigna- 
tion and  contempt  of  such  a  ministry  ?     And  what 
man  will  join  in  an  address  to  keep  ministers  in  office 
who  are  capable  of  such  mismanagement,  and  such 
plans  of  operation  for  war  ? 

"  You  have  now  two  wars  before  you,  of  which  you 

must  choose  one,  for  both  you  cannot  support:     The 

war   against    America  has   been   hitherto   carried   on 

against  her  alone,  unassisted  by  any  ally  whatever: 

Notwithstanding  she  stood  alone,  you  have  been  obliged 

uniformly  to  increase  your  exertions,  and  to  push  your 

efforts  in  the  end  to  the  extent  of  your  power,  without 

being  able  to  bring  it  to  any  issue:     You  have  exerted 

all  your  force  hitherto  witliout  effect,  and  you  cannot 

now  divide  a  force  found  already  inadequate  to  its 

Favors       object:     My  opinion  is  for  withdrawing   your  forces 

iliff  tiiT^    from  America  entirely,  for  a  defensive  war  you  never 

troops.       can  think  of  there,  of  any  sort:      A  defensive  war 


THE  UNITED    STATES   OF   AMERICA.  769 

UNDER   THE    CONFEDERATION.  PaRT    IV, 

would  ruin  this  nation  at  any  time  and  in  any  circum- American 
stances:     Offensive  war  is  pointed  out  as  proper  for "\*^^,y^fy 
this  country;  our  situation  points  it  out;  and  the  spirit  ['•P''^* 

•  •■I  -i  ^-irt  JL>ri  1(1111- 

of  the  nation  impels  us  to  attack  rather  than  defence:  1777-82. 
Attack  France  then,  for  she  is  your  object.     The  nature 

of  the  wars  is  (luite  different.     The  war  aorainst  America  p.  ,   . 

1  °  Debate  on 

is  against  your  own  countrymen;  you  have  estopped tiie  war, 
me  from   saying   your  fellow-subjects.      That   against  (iQ^^j^Qjjg 
France,  is  against  your  inveterate  enemy  and  rival,  ^^v.,  1778. 
Every  blow  you  strike  in  America  is  against  yourselves ; 
it  is  against  all  idea  of  reconciliation ;  and  against  your 
own  interest,  though  you  should  be  able,  as  you  never 
will,  to  force  them  to  submit.     America  must  be  con- 
quered in  France,  France  never  can  be  conquered  in  [^^^  niotion 
America.  of  thanks 

"The  war  of  the  Americans  is  a  war  of  passion;  itmajestj. 
is  of  such  a  nature  as  to  be  supported  by  the  most  pow- 
erful virtues,  love  of  liberty  and  of  their  country ;  and 
at  the  same  time  by  those  passions  in  the  human  heart 
which  give  courage,  strength,  and  perseverance  to  man. 
The  spirit  of  revenge,  for  the  injuries  you  have  done 
them;  retaliation,  for  the  hardships  inflicted  on  them; 
and  of  opposition  to  the  unjust  powers  you  would  have 
exercised  over  them;  everything  combines  to  animate 
them  to  this  war:  And  such  a  war  is  without  end;  for 
whatever  obstinacy  enthusiasm  ever  inspired  man  with, 
you  will  now  find  it  in  America.  No  matter  what  gives 
birth  to  that  enthusiasm,  whether  the  name  of  religion 
or  of  liberty,  the  effects  are  the  same.  It  inspires  a 
spirit  that  is  unconquerable,  and  solicitous  to  undergo 
difficulty,  danger,  and  hardship :  And  as  long  as  there 
is  a  man  in  America,  a  being  formed  such  as  we  are, 
you  will  have  him  present  himself  against  you  in  the 
field.  The  war  of  France  is  another  sort ;  the  war  of  Urges  a 
France  is  a  war  of  interest ;  it  was  her  interest  that  Z^^  ^*^ 

'  ^  France. 

first  induced  her  to  engage  in  it ;  and  it  is  by  that  inter- 
est that  she  will  measure  its  continuance.     Turn  your 
face  at  once  against  her;    attack  her  wherever  she  is 
49 


770  THE   GOVERNMENTAL    HISTORY  OP 

Part  IV.  the  permanent  union 

American  exposed ;  criisli  her  commerce  wherever  yoii  can ;  make 
euc^'in  '  ^^^^'  ^^^^l  heavy  and  immediate  distress  throughont  the 
Great  nation;  the  people  will  soon  cry  out  to  their  govern- 
1777-82.    mcnt." 

Lord  George  Gordon  said ;     "  Sir,  many  compliments 
^  ,  cannot  in  reason  be  expected  from  the  friends  of  liberty 

the  war,  on  tliis  sido  of  the  house,  to  that  king  under  whose 
Commons  government  the  court  of  Great  Britain  has  been  ren- 
Nov.,1778.  dered  contemptible  in  the  eyes  of  France;  and  the 
friendship,  and  commerce,  and  assistance  of  America 
Lord  cut  off,  perhaps  forever,  from  his  subjects.  Will  his 
George      Commons  congratulate  him  on  his  drawn  battle  at  sea  ? 

Gordon  on  i  i  • 

the  motion  Will  they  Congratulate  him  on  his  retreat  by  land  ? 
Tohir'^^  Will  they  compliment  him  on  the  third  year  of  the 
majesty,  independence  of  the  United  States?  Will  they  thank 
him  for  the  honors  and  emoluments  he  has  heaped  upon 
his  favorites  during  the  course  of  the  summer?  Par- 
ticularly on  the  noble  lord  with  the  blue  ribband  (^Lord 
North,')  the  ostensible  minister  at  the  dismemberment 
of  the  empire?  Will  gentlemen  rejoice  and  be  glad  at 
this  fresh  proof  his  majesty  has  given  us  in  his  speech, 
of  his  gracious  intention  to  carry  on  the  war  in  America? 
Will  they  declare  their  readiness  to  impose  more  taxes 
on  their  constituents?  And  will  they  answer  to  his 
majesty  for  the  people  paying  them  without  a  revolt  at 
home  ? 

"I  mention  the  possibility  of  a  revolt  at  home,  be- 
cause our  constituents  have  borne  much  already,  they 
Burdens  of  have  been  patient  and  long-suffering.  They  have  felt  a 
the  war.  gradual  imposition  of  taxes,  till  they  have  become  an 
intolerable  oppression.  They  have  seen  the  revenues 
of  the  kingdom  lavished  in  pensions  to  the  most  excep- 
tional characters.  They  have  seen  their  trade  with 
America  cut  ofF,  and  they  have  had  a  successful  exam- 
ple of  their  fellow-subjects  revolting  from  the  expen- 
sive government  of  England,  to  the  protection  of  a 
wise  and  virtuous  congress. 

"Much  has  been  said,  sir,  of  his  majesty's  counsellors. 


THE   UNITED    STATES   OF   AMERICA.  771 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

I  have  opposed  them  in  parliament  with  great  constancy  American 
and  firmness,  and  entertain  as  bad  an  opinion  of  their  |" '^^.y^'fu  " 
public  capacity  as  any  arcntleman  on  tliis  side  of  the  <'''^''^* 

7  -1  V;    ,  .1  ,  .  .      ,    ,       ,  Britain, 

house  does,     iiut  they  are  his  majesty  s  chosen  servants,  1777-82. 
whom  he  has  been  collecting  from  the  different  parties 
ever  since  his  accession.     Men,  I  presume,  after  his  own  ^  .   . 
heart.     They  proceeded  with  the  war  in  the  colonies  the  war, 
according  to  his  wishes,  and  America  is  now  nearly  lost  coj^^^jong 
to  Great  Britain.     Their  unhappy  misconduct  has  ren- Nov.,  1778. 
dered  them  contemptible  to  many  of  their  fellow-sub- 
jects; and  they  have  now  little  to  dqpend  on  but  hisLor^j 
majesty's  favor  and  firmness :     Yet,  Sir,  I  see  no  pros-  (^^orge 

**       ;;  J         7  r  Gordon  on 

pect  of  a  real  change,  for  I  don't  believe  his  majesty  the  motioa 
will  be  guilty  of  the  ingratitude  to  abandon  (at  this  °^  \^i^^^^ 
crisis)  his  obedient  servants,  in  their  distress ;  and  I  do  majesty. 
not  hear,  or  know,  that  the  people  are  about  to  choose 
a  congress,  or  proclaim  a  protector. 

"The  times,  in  my  opinion,  call  aloud  for  a  strong 
remonstrance  to  the  king,  setting  forth  our  unparalleled 
grievances  under  his  majesty's  government.  When  the 
people  show  an  inclination  to  demand  redress,  I  will 
accompany  them  with  the  greatest  pleasure ; .  but  I  will 
not  be  seen  complimenting,  when  we  should  be  calling 
to  account." 

Sir  John  Wrottesley  asked,  "if  the  house  was  called  Sir  John 
upon  for  unanimity  against  France?     If  it  was  for  a^,j/[]jg*''^^^ 
war  with  America,  I  cannot  give   my  approbation  to  motion  of 
it.     All  that  could  be  done,  has  been  done.     If  fifty  his  ma- 
thousand  Russians  were  sent,  they  could  do  nothing.  J*-''^*^- 
I  would  garrison  New  York,  Rhode  Island,  and  Halifax, 
and  bring  home  the  rest  of  the  army." 

The  Hon.  James  Liittrell  said;  "I  will  not  agree  to  The  Hon. 
treat  tlie  independency  of  America  as  a  new  considera-'^j^l^'JI^^^^J^*" 
tion ;  for,  I  contend,  that  few  men  in  England  doubted  cedes  the 
that  independency,  when  it  was  known  that  France  had  cney  of 
signed  the  treaty.     We  grasped  at  anything  that  talked  ^^'"erica. 
of  peace,  but  all  knew  the  conciliatory  terms  were 
offered  too  late.     All  feel  the  mischief  is  done,  and  past 


772  THE   GOVERNMENTAL    HISTORY   OP 

PaKT    IV.  THE    PERMANENT    UNION 

American  recalling.  As  to  ministers  who  lost  America,  it  was 
ency^in  then  and  is  now  a  time  for  impeachment.  As  to  meas- 
Great        ures,  it  oimht  then  and  ought  now  to  be  the  question, 

Britain,  5  &  o  i  ^ 

1777-82.    whether  America  is  stronger  or  weaker  than  when  she 

defeated  you  ?     Whether  our  resources  are  greater  or 

_, ,  ^        less  ?     Whether  the  object  contended  for  is  worth  the 

Debate  on  *' 

the  war,  vast  price  we  set  upon  it  ?  In  short,  whether  to  gratify 
Commo^ns  ^^^  inhuman  revenge  upon  America  we  shall  suffer  the 
Nov.,  1778. ininisters  to  ruin  Great  Britain? 

"•I  think  that  the  present  ministry,  if  continued  in 
power,  will  lead  ihe  nation  into  such  immense  expense, 
and  blunder  the  operations  of  war  into  so  many  defeats 
and  disgraces,  that  France,  Spain,  and  America,  may 
dictate  what  terms  they  please  to  Great  Britain,  while 
bankruptcy,  mourning,  and  despair,  fill  the  streets  with 
cries  for  any  peace  whatsoever.     I  shall  therefore  vote 
for  the  amendment." 
Mr.  Wilkes     Mr.  Wilkcs  said ;     "  The   present  conjuncture,  sir, 
peace  with  ^''^^^^t  indeed  be  allowed  to  be  most  critical,  and  peace 
America,    is  not  Only  desirable  now,  as  at  all  times,  but  at  the 
present  period  appears  of  absolute  necessity  to  save  this 
convulsed  state  ^-om  impending  ruin.      Thus  far,   I 
believe,  a  real  unanimity  prevails,  but  let  me  proceed. 
It  is  asked  by  several  gentlemen,  how  is  peace  now  to 
be  obtained  ?     Can  any  man  point  out  a  mode  of  restor- 
ing to  us  that  blessing?     I  will  hazard,  sir,  an  opinion, 
of  which  my  own  mind  is  fully  convinced.     The  meas- 
ure appears  to  me  the  only  possible  way  of  salvation  to 
this  country  in  the  present  dreadful  dilemma:     A  di- 
lemma into  which  we  have  been  precipitated  by  minis- 
ters whose  conduct  calls  for  the  strictest  inquiry ;  and 
the  forfeit  of  whose  heads,  if  the  guilt  lies  at  their  door, 
can  be  but  poor  amends  to  a  ruined  nation.     The  pro- 
position is  indeed  most  humiliating,  but  if  founded  in 
necessity,  the  consequent  disgrace  is  solely  to  be  attrib- 
tho  recog-  utcd  to  those  who  created  that  necessity.     I  believe  the 
mtion  ot    acknowledgment  of  the  independency  of  the  revolted  colo- 
peudeucc.  7iies  Is  the  only  measure  which  can  re-establish  the  pub- 


THE    UNITED    STATES    OP    AMERICA.  773 


UNDER    THE    CONFEDERATION.  PaKT    IV. 


lie  tranquillity.     I  sincerely  think  it  would,  both  with  American 
America  and  France ;  and  probably  prevent  a  future  encTIn'^" 
Spanish  war.     It  would  at  this  moment  perhaps  shut  ^•^y'^i 
the  temple  of  Janus.  1777-82. 

"  From  the  tyranny  and  mad  conduct  of  an  incapa-  Debate  on 
ble  and  wicked  administration,  it  is  become  the  measure  ^^  ^'^''v 

'  House  of 

of  a  fatal  necessity ;  if  we  are  in  earnest  to  preserve  Commona, 
in  any  degree  of  prosperity  what  remains  ;  if  we  would    '*^"' 
save  our  country  from  the  brink  of  ruin  ;  if  we  seek  Mr.  Wilkes 
to  avoid  absolute  beggary  and  bankruptcy.     An  uni-  ""ot^'^^  ^x- 
versal  discontent  now  prevails.     The  people  have  no  thanks  to 
confidence  in  administration.     They  are  detested  byesty"^^''' 
the  nation,  and  therefore  continued  in  power.     We 
sigh  over  American  aiiairs,  and  all  parties  agree  in 
lamenting  that  so  little  has  been  done  by  our  fleets 
against  France,  after  such  an  amazing  expenditure  of 
the  public  money  on  the  navy. 

"The  honorable  gentleman.  Sir,  who  moved  the  Thinks in- 
address,  told  us,  that  the  Americans  were  determined  p^^'t^jg^o^l' 
to  separate  their  rights  from  ours,  to  dissolve  all  con-  source  of 
nections  between  us.  The  fact  is  truly  stated.  They 
no  longer  consider  themselves  as  embarked  with  us  on 
board  the  sinking  vessel  of  this  state.  They  avoid  us 
as  a  tyrannical,  unprincipled,  rapacious,  and  ruined 
nation.  Their  only  fear  is,  that  the  luxury  and  profli- 
gacy of  this  country  should  gain  their  people.  It  was 
a  long  patience  and  forbearance  they  practiced  before 
the  idea  of  being  severed  from  the  mother  country 
gained  ground  among  the  Americans.  They  were 
driven  into  it  by  our  injustice  and  violence.  Repeated 
violations  of  their  rights,  accumulated  injuries,  wanton 
insults,  and  cruelties  shocking  to  human  nature,  have 
brought  about  this  wonderful  revolution. 

"  Now  it  appears  to  me  an  impossibility  to  bring  back  Forbear- 
the  Am,ericans  to  any  dependence  on  this  kingdom.  \"n^er*^^*^® 
Their  first  steps  were  marked  by  temper  and  modera-  people, 
tion.     They  made  the  most  humble  and  dutiful  sup- 
plications to  the  throne,  but  at  last  were  told  that  no 


774  THE   GOVERNMENTAL    HISTORY   OP 

Part  IV.  the  permanent  union 

American  aiiswer  woiild  be  given.      From   that   moment   their 

encv^iu^'  mlnds  were    totally  alienated.     At  the  beginning  of 

Great  their  justifiable  resistance  they  were  not  in  the  least 

1778-82.  terrified    scEvi  formidine  Martis,  when  only  peaceful 

Debate  ou  inhabitants  of  the  country,  or  of  open  towns  and  vil- 

House^of  l^^gGS.     Since  the  declaration  of  independence,  firmness 

Commons,  ai^(j  vigor  have  governed  all  the  councils  of  the  con- 

Nov  1778 

gress.  That  declaration  was  made  at  a  moment  which 
Mr.  Wilkes  proved  them  strangers  to  fear,  and  in  their  idea  supe- 
^°5''^     „  rior  to  all  the  efforts  of  which  we  were  capable.     It 

motion  01  '■ 

thanks  to  was  ill  July,  1776,  immediately  after  the  safe  arrival 
iesty.'^'      ^^  *^^^  whole  fleet  of  transports,  victualers,  and  store- 
ships,  without  any  loss  or  separation ;   and  after  his 
majesty's    troops,   under   the    command    of    General 
Howe,  had  been  landed  upon   Staten  Island  without 
any  opposition  or  interruption,  as  we  were  informed  by 
our  own  gazette. 
Firmness        "From  that  fatal  era,  has  the  Congress,  or  any  one 
congr'ess    of  the  thirteen  United  States,  discovered  the  faintest 
and  states,  ^^jgj-^  ^f  returning  to  the  obedience  of  our  sovereign  ? 
No  man  will  be  bold  enough  to  assert  it.     On  the  con- 
trary, the  Americans  have  increased  in  their  hatred  of 
us,  and  aversion  from  the  yoke  of  bondage  which  we 
were  preparing  for  them,  since  we  have  brought  into 
the  quarrel  the  mercenaries  of  Germany,  and  the  sav- 
ages of  America,  since  plunder  and  cruelty  have  ^narked 
the  progress  of  the  royal  army  and  its  allies. 
The  "What  is  their  present  situation?     A  powerful  ally 

SiTnce  ^^^^  declared  in  their  favor.  The  French  declaration 
goes  much  beyond  what  gentlemen  seem  to  apprehend. 
It  is  mentioned  here  only  as  acknowledging  their  inde- 
pendence, whereas  the  preliminaries  announced  at 
Paris  on  the  sixteenth  day  of  December,  to  the  Amer- 
ican Commissioners,  by  Monsieur  Gerard,  in  the  name 
of  his  Most  Christian  Majesty,  asserted  that  \\B  would 
support  their  independence  by  every  means  in  his 
power.  After  this,  are  we  in  earnest  when  we  affirm 
that  there  is  any  probability  of  their  returning  to  our 


THE    UNITED    STATES    OP    AMERICA.  775 


UNDER    THE    CONFEDERATION.  PaRT    IV. 

obedience,  to  unconditional  submission,  or  to  any  sub-  American 
mission  ?  It  is  an  object  of  belief  too  gross  for  the  l.",*^!,^!,^ '^' 
fondest  credulity,  for  ignorance  made  drunk.         .         Great 

"If  before  the  capitulation  at  Saratoga  they  rejected  i777_82. 
all  our  specious  offers,  are  any  offers  now  likely  to  be 
accepted  ?     Or  can  they  be  compelled  ?     Will  another  Debate  on 

.   .  J  1  ^-^^  war. 

British  army  ever  attempt  to  march  from  Montreal  to  House  of 

Albany?     Will  the  batteries  on  Sullivan's  Island  be^«""7°f. 
''  Nov.,  1778. 

again  attacked  ?     Will  Sir  Peter  Parker  ever  again 

judge  it  advisable  to  make  an  attempt  upon  Charles 

Town,  South  Carolina?     Will  he  promise  that,  if  the 

troops  can  co-operate  in  the  attack,  his  majesty  will 

again  be  in  possession  of  Sullivan's  Island  ?     Will  any  Mr.  Wilkes 

Eno'lish  general  command  in  America  an  army  better  °°  *!^^    „ 

...  .  ...  ,  motion  of 

disciplined,  better  appointed,  than  Sir  William  Howe's  ?  thanks 
A  series  of  four  years  of  defeats  and  disgraces  are  surely  maiestv 
sufficient  to  convince  us  of  the  absolute  impossibility 
of  conquering  America  by  force,  and  I  fear  the  gentle 
means  of  persuasion  have  equally  failed.     We  have 
tliercfore  only  the  dernier  resort  of  parting  with  our 
old  friends,  who  can  no  longer  be  compelled  or  per- 
suaded to  stay.     Policy  surely  warns  us  not  to  do  it  in 
a  manner  to  force  them  into  the  schemes  of  our  ancient 
enemies  to  weaken,  perhaps  ruin,  the  mother  country. 
To  mo  it  appears  equally  unavailing  and  indecent  to  Separation 
bring  a  railing  accusation  against  the  old  foe  of  this  *^°|^^oid- 
kingdom,  to  talk  of  'the  malignant  designs  of  France.' 
The  conduct  of  our  ministers,  Sir,  has  affected  the 
separation  of  America.     She  never  will  return,  nor  are 
you  equal  to  coercive  measures." 

The    debate   was    continued    by    Lord   North    and  Question 
others,  in  defence  of  Administration,  and  was  closed  the  motion 
by  Mr.  T.  Toivushend  in  a  short  reply,  in  which  he  °^  thanks. 
attempted  to  answer  the  several  objections  made  to  his 
motion.     The  house  now  grew  clamorous  for  the  ques- 
tion, which  being  put  at  half  after  two  o'clock  in  the  breu's^Par- 
morning,  the  house  divided,  and  the  amendment  was  liamentary 

Register 

lost :  For  the  amendment,  107  ;  ag-ainst  it,  226."*     The  VoT.  44.' 
motion  of  thanks  as  originally  made,  was  passed. 


776  THE   GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  permankxt  union 

American  Although  he  did  not  defend  or  justify  the  conduct 
ciictTu  ^^  measures  of  administration,  yet  the  fact  that  the  last 
Great  great  public  effort  of  the  late  Earl  of  Chatham  was  made 
1777-82.  i^i  opposition  to  tlic  independency  of  America,  added 
Effect  of  greatly  to  the  strength  of  the  ministerial  party  in  par- 
the  Earl  of  Hament.      This,  and  the   argument  drawn  from   the 

Chatham  s  .  '  ° 

opposition  delay  which  attended  the  ratification  of  the  articles  of 

can  inde-'  confederation,  proposed  by  the  congress  to  the  colonies, 

pendency,  still  sccurcd  to  ministry  the   confidence  of  the  king. 

To  prevent  the  federal  alliance,  therefore,  as  I  have 

already  had  occasion  to  observe,  was  now  the  main 

hope  and  the   chief  aim  of  the  ministry.     It  was  a 

plausible  scheme,  and  well  devised  to  soothe  the  ear 

The  minis-  of  majesty,  as  well  as  to  captivate  the  popular  hope. 

federal  ai-  For  if  the  uuioii  of  the  colonies  were  once  dissolved ^ 

hance  in    ^j^q  alliance  with  France  was  broken  up,  and  the  tri- 

America.  ^  ' 

umph  of  the  crown  over  both  would  l)e  certain.  Hence 
it  was,  that  every  step  in  the  progress  of  the  confeder- 
ation was  watched  with  peculiar  solicitude  ;  every  arti- 
fice was  resorted  to  by  emissaries,  hirelings,  and  pen- 
sioned agents  of  the  ministry  in  America,  to  defeat  its 
adoption  by  the  provincial  legislatures,  and  its  ratifica- 
tion by  their  delegates  in  the  congress. 

Its  consideration  here  had  already  been  so  protracted 
and  various  that  the  permanency  of  the  nnion  itself 
seemed  to  be  more  in  doubt  than  the  issue  of  the  war: 
And  although  the  reverses  sustained  by  the  royal  army, 
before  the  combined  forces  of  France  and  America, 
favored  the  cause  of  our  independency  with  the  people 
and  Commons  in  England,  the  ministry  still  clung  to 
the  persuasion  that  the  states  would  never  combine 
under  the  proposed  federal  alliance. 

But  the  articles  of  confederation  having  been  fully 
ratified,  and  their  permanent  union  being  now  accom- 
plished, there  was  nothing  of  hope  from  this  source.  It 
was  thenceforth  clearly  and  distinctly  imderstood,  that 
the  result  of  the  controversy  depended  entirely  on  the 
success  of  arms. 


THE   UNITED   STATES   OP   AMERICA.  777 

UNDER    THE    CONFKDERATION.  PaRT    IV. 

I  have  already  noted  the  growing  sentiment  of  lios-  American 
tility  in  both  houses  of  parliament  to  the  further  prose- pm-y'in 
cution  of  the  war  in  America:     It  continued  to  increase  *''''p^^ 

lintuin, 

from  year  to  year  till  it  reached  a  culminating  point  in  1777-82. 
1781,  when  it  came  into  parliament  with  a  larger  oppo- 
sition to,  and  a  more  general  and  severe  denunciation 
of,  the  ministry.     On  the  twenty-seventh  day  of  Novem-  Opening  of 
ber  in  this  year,  the  king  opened  the  session  with  an  JifentVov. 

address,  in  which  he  took  occasion  to  say — "No  en- session, 

'  "^         .        .      1781, 

deavors  have  been  wanting  on  my  part,  to  extinguish 

that  spirit  of  rebellion  which  our  enemies  have  found  The  King's 
means  to  foment  and  maintain  in  the  colonies ;  and  to  ^'i^i^^sS' 
restore  to  my  deluded  subjects  in  America,  that  happy 
and  prosperous  condition  which  they  formerly  derived 
from  a  due  obedience  to  the  laws;  but  the  late  misfor- 
tune* in  that  quarter,  calls  loudly  for  your  firm  con-*  Defeat  of 
currence  and  assistance  to  frustrate  the  designs  of  oin\,^,[,^y  f^ 
enemies,  equally  prejudicial  to  the  real  interests  of  America. 
America  and  to  those  of  Great  Britain."  ^^^  P-  '^'^^• 

Lord  Southampton^  as  soon  as  tlie  king  was  gone,  rose 
and  made  a  few  brief  remarks,  and  concluded  them  by 
movino^,  "  that  an  humble  address,  <fec.,  be  made  to  his 
majesty";  which  was  seconded  by  Lord  Wahingham, 
who  entered  pretty  fully  into  tlie  state  of  the  country, 
and  justified  the  measures  which  led  to  it,  somewhat  in 
detail.  lie  was  answered  by  Lord  Wycomb,  Earl  of 
Shelburne,  who  began  by  saying: 

'•''I  am  not  surprised  by  the  opinions  and  sentiments  The  Earl 
expressed  by  the  two  noble  lords  who  have  moved  and  ^^^^^^1,^ 
seconded  the  motion  for  an  address ;  nor  am  I  surprised  tlie  motion 
at  the  language  we  have  this  day  listened  to  from  the  address  to 
throne.     I  can  easily  account  for  a  prince,  possessed  of  ^^^  ^^S* 
a  valorous  and  generous  mind,  gathering  firmness  from 
misfortune,  and  assuming  an  air  of  dignity  and  deter- 
mination in  the  moment  when  calamity  pressed  hard 
upon  him  and  his  people.     I  can  easily  account  to  my- 
self, why  his  majesty,  who  had  seen  his  empire  at  its 
acme,  at  a  pitch  of  glory  and  splendor  perfectly  aston- 


778  THE   GOVERNMENTAL   HISTORY   OF 

PaKT    IV.  THE    PERMANEXT    UNION 

American  ishiiig  and  dazzliiig,  tumbled  down  to  disgrace  and  ruin, 
ency  in  ^^^tli  a  degree  of  precipitation  which  no  previous  history 
Great        could  parallel,  should  rise  in  greatness  of  mind  supe- 

Britain.  .  ^  '  °  ^ 

1777-82.    rior  to  the  dreadful  situation  of  his  affairs.     As  little 

am  I  surprised  that  ministers  should  take  advantage  of 

T,  ,  ,        the  noble  sentiments  of  their  monarch,  and  contrive 

Debate  on  ' 

the  war.     and  fabricate  such  a  speech  as  should  best  suit  to  flatter 

j^Qj.^jg        his  personal  feelings.     But  it  is  to  be  remembered  that 

Nov.  ses-  those  ministers  had  never  governed  long  for  the  peo- 
sion,  1781.     ,    ,        ,         ^  .  ^,  ,      ,      -,         .   ^     ..      T 

pie  s  advantage  in  any  country,  who  had  not  fortitude 

The  Earl    Guough  to  resist  and  withstand  the  mere  impulse  of 

of  Shei-     their  master's  sentiments,  when  the  real  state  of  the 

biirne  on  .  -n     -,  ^  ,    .         .  t         •       i 

the  motion  empire  called  for  a  plain,  sincere,  undisguised  represent- 
address  to  ^^^*^'^    ^^  ^^^  Condition ;    and  honestly  tell  him  what 
the  king,    really  was  or  was  not  advisable,  or  likely  to  retrieve  his 
affairs,  and  bring  them  back  again  in  some  tolerable 
degree  to  the  happy  and  prosperous  condition  in  which 
they  so  lately  stood. 
Prosecu-        "The  speech  and  the  address  talk  of  prosecuting  the 
war  impost ^'^^ '   ^^^^  ^^  ^^  possiblc ?     Wlicrc  are  the  resources? 
Bible.         With  regard  to  men  and  money,  to  say  nothing  of  the 
conduct  of  the  admiralty,  and  of  the  army  and  navy, 
where  are   they  to  be  had?      With   regard   to  allies, 
where  are  we  to  look  for  them?     There  is  one  power 
indeed  in   Europe,  the  amiableness  and   greatness  of 
Forlorn      character  of  whose  sovereign,  as  well  as  his  immense 
of'En£-^°   resources,  added  to  his  great  predilection  for  this  coun- 
land.         try,  pointed  him  out  as  the  only  power  that  could  inter- 
fere to  our  advantage,  but  to  my  certain  knowledge  the 
prince  to  whom  I  allude,  regards  the  present  war  as  a 
mad  and  desperate  war  for  Great  Britain  to  have  un- 
dertaken and  engaged  in. 
Com-  "  This  ill-fated  war  commenced  in  1775 :     No  money 

ment  of     ^^^  borrowed  that  year  because  ministers  were  fearful 
the  war.     of  alarming  parliament  and  the  nation  with  the  pros- 
pect of  any  additional  expense.     Blows  began,  and  the 
fields  of  Lexington  and  Bunker's  hill  were  the  first  wit- 


THE   UNITED   STATES   OP   AMERICA.  779 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

nessGs  to  the  deplorable  sight  of  Englishmen  and  fel- American 
low-subjects  shedding  each  other's' blood.  eucy  in 

"The  campaign  of  1776,  commenced  with  the  evacu- ^']?'^* 
ation  of  Boston,  and  terminated  with  the  affair  at  Tren- 1777-82. 
ton.     That  year  we  borrowed  two  millions.  ^¥  ^^^' 

''  paign  01 

"  That  of  1777  was  distinguished  chiefly  by  the  capture  i776. 
of  Philadelphia,  and  defeating  the  Americans  in  two  ^^  i'^^'^- 
pitched  battles;    but  how  was  it  wound  up?     By  the 
capture,  or  loss,  of  live  thousand  of  our  finest  veteran 
troops,  commanded  by  General  Burgoyne.     That  year 
we  borrowed  five  millions. 

"The    campaign   of  1778,  opened  a  new   scene   in  The  cam- 
Europe    and   America.     France   declared   against  us.  ^^7^" 
America  was,  by  that  means,  forever  separated  from  the 
parent   state.     Philadelphia   and   Rhode    Island   were 
abandoned  or  evacuated:     And  the  debt  incurred  that 
year  was  seven  millions. 

"The  campaign  of  1779,  in  America,  was  various,  The  cam- 
and  rather  successful,  but  exliibited  nothing  decisive.  \^ifQ^  ^ 
We  gained  ground  in  the  southern  provinces,  but  were 
unequal  to  the  making  any  attempt  in  the  northern  or 
middle  -colonies,  where  only  the  resistance  was  or  could 
be  formidable.  This  year  produced  another  powerful 
enemy  in  Spain,  who  declared  against  us ;  and  this  year 
we  borrowed  ten  millions. 

"The  campaign  of  1780,  was  ushered  in  with  the  The  cam- 
capture  of  Charles-Town,  and  was  followed  by  some  "^^^^ 
signal  advantages  gained  in  the  interior  country;  but 
it  ended  unfavorably,  with  the  total  loss  of  a  very  valu- 
able corps  under  Colonel  Ferguson ;  and  that  year  we 
borrowed  twelve  millions. 

"It  would  be  taking  up  too  much  of  your  lordships'  The  cam- 
time  to  particularize  the  transactions  of  the  year  1781.  "^^^^^  °^ 
It  is  sufficient  to  observe,  that  the  campaigns  ended 
with  the  capture  of  seven  thousand  of  the  best  veteran 
troops  in    Europe  and  their  gallant  commander,  and  See  p.  782. 
that  wo  have  scarcely  a  foot  of  ground   in   America 
which  we  can  with  confidence  call  our  own:     And  that, 


am 
laeiit. 


780  THE   GOVERNMENTAL    HISTORY   OP 

PaKT    IV.  THE    PERMANENT    UNION 

American  this  jcai",  as  the  last,  we  added  twelve  millions  more  to 

e'iic^y  in      the  national  debt. 

Great  "The  question  of  continuing  the  American  war,  my 

Britain,        i       i      •  ^       J 

1777-82.    lords,  is  a  most  weighty  one,  and  a  question  which  ought 
not,  by  any  means,  to  be  hastily  decided  upon:      In 
the  war.     Order,  therefore,  to  give  due    time  for  considering  it 
House  of    T^rjj^]^  pi-oper  attention,  I  have  drawn  up  a  motion  which 
Nov.  ses-    I  will  read. — "  To  leave  out  all  the  address,  after  the 
fcion,    7.   .  gQQond  paragraph,  and  insert  these  words ;     '  And  we 
The  Earl    Will,  witliout  delay,  apply  ourselves  with  united  hearts, 
01  Shei-     ^Q  propose  and  digest  such  councils,  to  be  laid  at  his 
end-      royal  feet,  as  may  excite  the  efforts,  point  the  arms,  and 
command  the  confidence,  of  all  his  subjects.' 
The  Duke        The  Duke  of  Richmond  said,     "I  agree  in  almost 
moud  on    ^^'^ry  argument  and  position  of  my  noble  friend.     I 
the  amend- applaud  tlic  proposition  of  the  noble  Earl.     It  is  our 
motion       duty  to  suggcst  salutary  advice  to  the  crown,  and  to 
'd^'^'^-       stand  up  as  assertors  of  the  rights  of  the  people:     But 
I  think  there  is  little  prospect  of  giving  that  advice 
with  any  effect,  unless  the  original  principles  of  the 
constitution  are  restored,  and  particularly  the  people 
have  a  real  representation  in  the  other  house  of  parlia- 
ment:    At  present  scarcely  a  seventh  part  of  the  people 
are  represented,  while  all  the  remainder  have  no  con- 
cern whatever,  either  virtually  or  individually,  in  the 
management  of  their  own  affairs,  which  your  lordships 
well  know  the  constitution  of  this  country,  as  originally 
framed,  gave  them  a  right  to  have.     My  wish  would  be 
Advises  a  to  change  the  system  of  the  war ;  to  carry  it  on  defen- 
syXm  ^^  sively  and  not  offensively.     The  great  error  has  been, 
that  we  have  acted  upon  the  offensive  without  the  power 
to  do  so  with  any  effect.     By  changing  it  to  a  defensive 
war  we  might  recover,  and  by  and  by  be  able  to  act  on 
defeSe  ^  ^^^^  offensive :     And  by  a  defensive  war  I  mean  to  advise 
war,  and    ^  yjar  bij  sea,  to  strengthen  our  navy,  the  natural  secu- 
draw  the    rity  of  the  kingdom,  and  to  lessen  the  army.     I  advise 
troops        ^Y^Q   withdrawing   of    the   troops   from   America,   and 
America,    strengtheiuiig  the  West  India  Islands.     If  the  Ameri- 


THE   UNITED    STATES    OF    AMERICA.  781 

UNDER   THE    CONFEDERATION.  TaRT    IV. 

cans  are  left  to  themselves,  there  is  the  greatest  prob- American 
ability  that  a  reconciliation  might,  in  time,  be  effected,  enjy^^" 
By  prosecuting  the  war  we  only  increase  their  animosity  Jj'P"* 
against  us,  and  rivet  the  bonds  of  their  alliance  with  1777-82. 
the  French  more  strongly. 

The  Earl  of  Abingdon  said;  "The  American  war  The  Earl 
was  conceived  in  folly,  tyranny,  servility  and  corrup-  [j^jj  oi^riie 
tion,  and  must  terminate  in  national  ruin  and  disgrace,  '"otion  for 
The  Americans  are  Englishmen,  and  are  of  course  en- 
titled to  participate  in  all  the  rights  of  Englishmen,  the 
dearest  and  most  valuable  of  which  is,  that  of  dispos- 
ing of  their  own  money.     That  unquestionable  claim  The  war 
is  expressly  denied,  or  it  is  attempted  to  be  explained  (Jq^ 
away,  by  all  the  bar  subtleties  and  trammeled  abilities 
of  Westminster  Hall  in  both  houses. 

"On  the  other  hand,  if  the  political  connection  is  He  con- 
denied,  if  they  are  to  be  regarded  as  slaves,  not  sub- jQ^jep^Q^. 
jects,  surely  they  are  men  entitled  to  all  the  rights  and  ^^^y. 
privileges  of  human  nature.     Upon  this  principle  the 
people  of  America  resisted.     They  legislated  when  they 
found  themselves  deprived  of  the  rights  of  citizens,  and 
in  so  doing  they  acted  with  equal  wisdom  and  resolu- 
tion ;  and  are,  in  my  opinion,  so  far  as  regards  justice 
and  prudence,  founded  originally  in  necessity,  a  distinct 
and  independent  state,  and  as  much  so  as  any  other 
in  Europe  or  elsewhere." 

Tlie  Duke  of  Grafton  said  ;  "  The  original  blunder.  The  Duke 
and  the  source  of  all  our  subsequent  misfortunes,  arose  on  ^he  mo- 
mcrely  from  the   obstinacy  of  administration  towards  tion  for  an 
the  conclusion  of  the  year  1775.     Though  two  warm' 
encounters  had  taken  place  in  New  England,  nothing 
more  had  been  contended  for  by  the  people  of  America 
than  an  exclusive  rig-lit  to  tax  themselves.     The  people  Taxation 
are,  in  other  respects,  firmly  attached  by  sentiment  and  onbewar. 
interest  to  the    British  government.     Mr.  Penn,  who 
had  lately  presided  as  governor  of  Pennsylvania,  was 
called  to  this  bar.*  and  underwent  a  very  long  exam- *  ^^^  ^°*®' 

■^  ^  page  603. 

ination,  the   result  of  which  was,  that   the  people  of 


782  THE    GOVERNMENTAL    HISTORY    OP 

Part  IV.  the  pkumanent  union 

American  America,  from  one  end  to  the  other,  as  far  as  he  could 
oocTiii  '  1^^^^ — ^^^  ^^  ^^^^  ^^^^  mformation  from  the  congress 
Great  delegates  at  the  time  assembled  at  Philadelphia,  where 
sessionl  he  was  actually  informed  by  his  own  knowledge, — '  that 
^^'^^-  ninety  thousand  and  a  fraction  out  of  an  hundred  were 
the  war  eager  to  settle  matters  amicably  with  Great  Britain, 
house  of  provided  tJiey  had  full  satisfaction  on  the  point  of  taxa- 
session,  tion.  Indeed,  he  might  add,  that  he  never  heard  of  but 
■^^^^'  two  in  all  America  who  entertained  a  different  opinion, 
and  one  of  those  was  a  madman,  and  the  other  an 
idiot.' 
The  Duke  "  Ministers  treated  this  important  information  with 
on  thTnu)^  disregard,  and  proceeded  to  the  enacting  proscriptive 
tion  for  an  and  prohibitory  laws  ;  which  gave  us  the  American  vote 
of  independence  the  following  August,  and  a  treaty 
Ur  es  a  witli  Franco  in  about  eighteen  months  after.  In  my 
change  of  opinion,  no  measures,  however  well  conceived  or  di- 
minis  ry.  g^jg^-^^^  could  succccd  in  the  hands  of  the  present  minis- 
ters. Men  must  be  changed  as  well  as  measures." 
Amend-  '^^^^  question  on  the  amendment  being  put,  was  lost, 
mentiost,  and  the  votc  on  the  original  motion  for  the  address 
motion  being  taken,  it  was  carried.  The  Earls  Richmond,  Fiz- 
^f^"*^!!?, ,  William   and    Rockingham,  "  Dissentient — For   reasons 

Nov.  27  th.  ^  ' 

too  often  urged  in  vain  for  these  last  seven  years,  against 
Dissenti-    the  ruinous  prosecution  of  the  American  war,  carrying 
theh-Ta-    ^^^  ^J  ^^'^^  majesty's  ministers  against  the  people  of  North 
sons.         America  ;  and  too  fatally  confirmed  by  repeated  expe- 
rience, and  the  late  disgraceful  loss  of  a  second  army ; 
to  stand  in  need  of  repetition." 


Defeat  of  The  defeat  of  the  British  army  under  Earl  Corn- 
amy^'^^^^^  wallis,  commander-in-chief  of  the  royal  forces  in 
America,  and  the  capitulation*  which  followed  it,  ter- 
minated the  prosecution  of  the  war,  brought  about  the 
defeat  of  the  ministry,  and  settled  the  question  of  the 
recognition  of  the  independence  of  the  United  States 
of  America,  in  the  councils  of  Great  Britain.  This 
1781.       '  result  was  foreshadowed  in  the  proceedings  in  the  House 


THE   UNITED    STATES    OP    AMERICA.  iOO 

UNRKR    THE    CONFKDKRATION.  PaRT    IV. 

of  Lords,  in  the  session  of  Nov.,  1781,  to  which  I  have  American 
ah-eady  sufllcicntly  adverted.    The  subject  was  partially  J,"  ^^"^Ij"*^" 
debated  early  in  February,  of  the  next  year,  on  amotion  <->yat 
made  by  the  Duke  of  Chandos,  "  That  a  committee  of  the  i'777-82. 
whole  House  be  appointed  on  Monday  next,  to  inquire  debate  on 

•    X     XI  n    ,  ,        .  1  r.     ,  the  defeat 

into  the  causes  oi  tlie  calamitous  loss  ot  the  army  com- of  Lord 
manded  by  Lieutenant   General  Earl  Cornwallis,  and  Coi'n^ail'S' 

•'  '  House  ot 

made  prisoners,  by  the  United  States  of  America  and  Lords, 

Feb  1782 

the  troops  of  France,  at  York-Town  and.  Gloucester,  in 
the  province  of  Pennsylvania." 

Ill  rising  to  make  this  motion,  the  Duke  said,  "  He  Motion  of 
did  not  mean  to  embarrass  ministers,  collectively  or  in- ["(^"pui.e-'^ 
dividually.  He  had  no  ill-will  to  any  one  of  them  in  of  Chan- 
his  private  capacity  ;  nor  in  his  public  capacity  was  he 
farther  interested  in  his  or  their  removal,  than  as  he 
imagined  the  public  were  interested,  or  might  be  bene- 
fitted by  the  same.  As  to  the  matter  of  inquir//,^^  he  con- 
tinued, "the  sovereign  parliament,  and  the  nation  at 
large,  are  entitled  to  be  satisfied,  as  well  upon  the  gen- 
eral principles  of  the  failure  of  the  war,  as  the  disas- 
trous accidents  which  had  happened.  The  capture  of 
two  British  armies,  of  considerable  strength  and  num- 
ber, is  a  circumstance,  I  believe,  unknown  to  have  taken 
place  during  the  course  of  any  one  war  in  the  modern 
annals  of  mankind ;  but  I  mean  to  confine  myself  at 
present  merely  to  the  disaster  at  York-Town. 

Lord   Starmont,   reserving    any   expression   on   the  Lord  Star- 
merits  of  the  motion,  objected  to  it  in  its  present  form,  fect^^to^the 
saying, "  if  it  was  pressed  in  that  form  he  would,  as  fully  lomi  of 
declarative  of  his  dissent,  take  the  sense  of  the  house  tion. 
upon  it.     It  would,  in  his  apprehension,  amount  to  a 
recognition  of  American  independence ;  he  meant  the 
concluding  words,  which  stated,  that  '  Lord  Cornwallis 
and  his  army  had  surrendered  to  the  United  States  of 
America.' 

The  Duke  of  Chamlos,  explained  by  stating,  "  It  was  The  Duke 
not  an  assertion  of  any  right  of  independency,  or  any  flo^^n'^rT. 
other  right  that  ho  knew  of;  for  the  whole  of  the  mo-p'y- 


784  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  permanent  union 

American  tioii  except  the  mere  form,  was  no  more  than  a  correct 
cncViii'  "  transcript  from  one  of  the  articles  signed  between  Lord 
Great        ComwalHs,  as  commander-in-chief  of  the  British  forces, 

Britain,  in  i    ttt         • 

1777-82.  and  (jreneral  Washington,  commander  of  '  the  United 
Debate  on  States  of  America.'  " 

of  Lord  The  Duke  of  Grafton  said,  as  there  appeared  some 

Cornwaihs.  disposition  ill  those  who  represented  government  in 
of  Lords,   that  house,  not  to  oppose  the  inquiry,  he  wished  that 
^  ■  ^       the  motion  might  be  amended  ;  and  if  it  did  not  go  to 
The  Duke  defeat  the  object  of  the  noble  Duke's  proposition,  he 
on  tiiTmo"  "^^d*^  ^^o  doubt  but  his  grace  would  agree  to  amend  it 
tion  of  in-  so  as   to   rcmove   the   objectional   part.      He  agreed, 
that  stating  a  fact  copied  from  the  articles  of  capitula- 
tion at  York-Town,  would  not  amount  to  a  recognition 
of  the  right  of  the  independency  of  America ;  but  still 
anlltera-   ^^^  tliought  it  better  to  meet  the  noble  Viscount  half 
tion  of  the  way,  than  to  stand  out  for  what  appeared  to  him  little 
more  than  a  mere  matter  of  form.     He  was  not  pre- 
pared to  move  anything  regularly,  but,  under  favor  of 
the  noble  duke,  he  would  just  beg  leave  to  suggest  the 
introduction  of  two  words,  styling  themselves  the  Uni- 
ted States  of  America,  &c.' 
Earl  Gow-      Earl  Goivers,  eemed  to  agree  in  a  great  measure  with 
er  objects  i\^q  noble  dukc  who  spoke  last,  and  though  he  thought 
form.         such   a  narrative   amounted   to   nothing   positive,  he 
thought  it  would  be  extremely  improper  that  that,  or 
the  other  house  of  parliament,  should,  by  a  solemn  act, 
recognize,  in  any  form,  the  United  States  of  America. 
He  wished,  therefore,  as  both  sides  of  the  house  seemed 
rather  favorably  disposed  towards  the  inquiry,  that  the 
motion  might  be  framed  in  such  a  manner  as  to  put  an 
end  to  a  controversy  upon  the  mere  point  of  form. 
Earl  Shcl-      Earl  Shelbume  said,  he  would  go  as  far  as  any  man 
burne  is     |q  conciliate  the  noble  Visconnt  and  the  noble  Duke, 

opposed  to 

indepeud-  but  hc  iiiust  coufoss,  liow  mucli  socvcr  he  approved  oi 
^'^^'^'         what  had  fallen  from  the  noble  Earl  who  spoke  last,  he 

could  not  sec  the  matter  in  the  same  point  of  view. 

He  never  could  consent,  under  any  possible  circum- 


THE   UNITED    STATES   OF   AMERICA.  785 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

stances,  to  acknowledge  the  independency  of  America.  American 
But,  for  his  part,  as  he   wished  to  give   his  opinion ency'iii*^' 
without  reserve,  he  could  not  for  his  soul  discover  how  ♦"'■fat 
such  a  motion,  as  it  would  stand  it  amended  by  his  1777-82. 
noble  friend  who  sat  near  him,  had  the  most  distant  Debate  on 

1    .     ^      the  defeat 

tendency  to  recognize  or  establish  the  presumed  inde-  of  Lord 
pendent  claim  of  America,  under  the  description  of  the  ^ous^'^f'^" 
United  States.  Lords, 

Lord  Starmont  said,  that  whatever  opinion  might  be   ^  '' 
entertained  of  the  motion  offered  by  the  noble  Duke; 
or  taking  it  upon  the  idea  of  the  amendment  suggested  ^^oi'^i  Star- 
by  another  noble  i)^/^T  (^Grafton;')  he  was  clearly  of  thinks  the 
opinion  that  the  amendment  would  not  remove   the  [j^^J^^tj^, 
difficulty.     In  that  he  perfectly  agreed  with  a  noble  improper, 
Earl   {Goiver}  who  rose  early,  that  it  would  be   ex-'^"^ 
tremely   improper   to   adopt   the    language   of   those 
styling  themselves  '  the  United  States  of  America,'  in 
a  British  house  of  parliament. 

The  Duke  of  Richmond  said,  "the  words  United  The  Duke 
States  of  America  struck  him  as  essentially  necessary  mond 
to  the  motion.     A  great  part  of  the  inquiry  might  pos- *^'".^^  ^'''h" 
sibly  be  directed  solely  to  that  point,  and  the  surren- 
dering to  the  arms  of  the  United  States  of  America 
might  turn  out  to  be  the  chief  matter  of  blame. 

"But  the  noble  Lord  in  the  green  ribband  (Viscount Thinks  in- 
Starmont)  went  farther,  and  said,  'were  the    words cy^aiready 
United  States  of  America  to  stand  on  the  journals,  it  conceded, 
would  be  giving  up  the  essential  rights  of  the  nation.' 
If  any  essential  rights  were  given  up,  they  were  given 
up  already.     Lord   Cornwallis  and  the  other  British 
officers  who  had  signed  the  capitulation,  had  done  it. 
That  matter,  therefore,  and  all  idea  of  the  recognition 
of  the  independence  of  America,  is  noiu  past  consider- 
aliony 

The  motion  was  finally  amended  to  read  as  follows :  The  form 
"That  this  house  will  on  Monday  next   (the  11th)  IJIf^'^'jJf ' 
resolve  itself  into  a  committee  of  the  whole  house,  to  motion 
inquire  into  the  causes  of  the  calamitous  loss  of  the 

5a 


786  THE   GOVERNMENTAL    HISTORY   OF 

Part  IV.  tue  permanent  union 

American  armj  under  Lieutenant  General  Earl  Cornwallis,  by 

encTin  '  ^^^"S    made    prisoners   of    war    at   York-Town    and 

Great  Gloucester,   in   the   province    of   Virginia."      It   was 

1 777-82.  agreed  to  in  this  form. 


Debate  on      The  inquiry  which  was  instituted  in  pursuance  of 

the  War  . 

House  of    this  resolution  resulted  in  the  exculpation  of  the  com- 
fTT782  ™^^^<^'^^s  ^^  tl^^  royal  army  in  America,  and  the  utter 
condemnation  of  the  ministerial  advisers  of  the  crown, 
in  both  houses  of  parliament.     In  the  House  of  Com- 
mons, on  the  twenty-second  day  of  February,  1782, 
General  Coniuay  rose  and  said,  "  that  words  which  had 
fallen  from  him  some  time  ago  had  been  the  means  of 
General     inducing  gentlemen  to  request  him  to  move  the  ques- 
un^eslts    tion  wliich  they  all  considered  to  be  essentially  neces- 
discontin-  g^j-y  {yy^  the  present  moment ;  when  they  saw,  notwith- 
standing  all   the   assurances   which    the   nation   had 
received,  that  measures  were  apparently  taking  for  the 
further  prosecution  of   the  American  War.     At  this 
day  it  would  be  idle  and  impertinent  in  him  to  try  to 
interest  the  passions  of  the  house,  by  a  description  of 
Character  this  unhappy  and  miserable  struggle.     Its  progress  had 
duct'of''    t)een  marked  in  the  best  blood  of  the  empire.     It  was 
the  war      to  be  traced  by  havock  and  desolation ;  by  the  rava- 
ging of  towns  and  the  murder  of  families ;  by  outrages 
in  every  corner  of  America ;  and  by  ruin  at  home.     It 
came  home  to  the  feelings  of  every  individual  in  the 
house,  and  he  doubted  not  but  they  had  so  much  of  it 
The  neces-  as  to  wish  sincerely  for  that  thing  which  could  alone 
pea  P^^*  ^  ^^°P  **^  further  calamities,  called  peace.     In  the 

present  moment,  when  there  were  certain  indications 
of  a  design  to  continue  that  war ;  when  a  new  general* 
was  appointed  ;  and  when,  as  he  had  been  credibly 
informed,  there  were  preparations  making  for  the  next 
active,  offensive  campaign  ;  at  that  moment  he  thought 
*  Sir  Guy  i^  ncccssary  to  ask,  what  was  the  design  of  government, 
Carlton,  ^q^  ^ff\w^  regard  to  particular  operations,  but  as  to  the 
general  system  ?     Were  we  to  go  on  in  the  same  man- 


THE   UNITED   STATES   OP   AMERICA.  787 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

ner  as  wc  had  begun,  and  continued  so  long,  in  the  ob-  Americaa 
stinate  rejection  of  all  advice  which  we  could  derive  l"*^*,*!? f i**^' 

'J  ency  in 

either  from  experience  or  disaster  ?    The  desire  of  our  ^^reat 
gracious  and  well-inclined  sovereign  must  be  for  peace.  1777-82. 
He  had  expressed  it  in  his  speech  from  the  throne ; 
and  it  would  therefore,  he  thought,  in  the  present  mo- Debate  oa 
ment,  become  that  house  to  approach  the  throne  with  HQu^jf^f 
an  humble,  earnest,  and  dutiful  solicitation,  that  he  Commons, 
would  be  graciously  pleased  to  follow  the  benevolent  ^  ' 
wishes  which  he  had  expressed,  to  put  an  end  to  that 
calamitous  war  with  our  fellow-brethren  in  America. 
He  concluded  with  moving', 

"  That  an  humble  address  be  presented  to  his  majesty.  Gen.  Con- 
earnestly  imploring  his  majesty,  that,  taking  into  his  J,j  ^^ddT^^ 
royal   consideration   the    many  and   great   calamities  to  the 
which  have  attended  the  present  unfortunate  war,  and  jisc^ntin- 
the  heavy  burthens  thereby  brought  on  his  loyal  and  ""^ '^^  ^^r. 
affectionate  people ;   he  will  be  pleased  graciously  to 
listen  to  the  humble  prayer  and  advice  of  his  faithful 
Commons ;  that  the  war  on  the  continent  of  North 
America  may  no  longer  be  pursued  for  the  impractica- 
ble purpose  of  reducing  the  inhabitants  of  that  coun- 
try to  obedience  by  force :   And  expressing  their  hope 
that  the  earnest  desire  and  diligent  exertion  to  restore 
the  public  tranquillity,  of  which  we  have  received  his 
majesty's  gracious  assurances,  may,  by  a  happy  recon- 
ciliation with  the  revolted  colonies,  be  forwarded  and 
made  effectual ;  to  which  great  end  his  majesty's  faith- 
ful Commons  will  be  ready  most  cheerfully  to  give  their 
utmost  assistance." 

Lord  John  Cavendish  seconded  the  motion,  and,  in  a  Lord  Car- 
very  warm  appeal  to  the  honest  and  upright  feelings  ^"^^'^^+1!^^* 
of  gentlemen,  "begged  and  conjured  them  to  take  up  motion, 
this  matter  with  seriousness  now,  which,  sooner  or 
later,  they  must  take  up.     The  present  motion,  he 
contended,  was  regular  and  parliamentary;  for  though 
they  might  not  presume  to  advise  his  majesty  what 
form  of  war  to  pursue,  they  might  surely  say  what 


788  THE   GOVERNMENTAL    HISTORY   OP 

Part  IV.  the  permanent  union 

American  ought  iiot  to  be  pursued.     The  war  with  America  not 
indcpeud-  ijavinsr   originated   in   laudable   ambition,   or   in   just 

ency  in  »  °  7  ^ 

Great        policy,  had  been  conducted  without  the  dignity  that 

I'r^Y-s^.    became  the  British  nation.     Narrow,  low,  and  selfish 

in   its  principle,  the  conduct   of  it  had  been  mean, 

Debate  on  miserable,  and  defective.     It  was  begun  and  carried 

the  war,  '  t  mi 

House  of    on  in  pique,  disgust,  rancour,  and  narrowness.     Ihese 
Feb'"i78*''  ^°^  passions  had  been  fed  by  disappointment.     Calam- 
ity, instead  of  making  us  wise,  which  was  its  common 
Origin,       effect,  had  made  us  foolish.     But  we  ought  to  consider 
and'^con- '  that  sooucr  or  later  we  must  come  to  peace.     We  were 
duct  of      already  poorer  by  seventy  millions,  than  at  the  outset, 
stated  by    If,  thcn,  pcacc  must  at  last  be  sought  for,  the  sooner 
endi'sh'^^"  ^^^^'^ly  the  better  ;  for  the  old  prejudices  and  predilec- 
tions of  the  Americans  towards  us  might  not  even  yet 
be  worn  away  from  the  bosom.     Their  trade  might  yet 
revert  to  its  old  channel.     But  if  the  period  was  de- 
layed, they  would  find  new  tracks,  where  they  must 
form  new  affections  and  new  habits,  to  the  extinction 
of  the  last  sparks  of  kindness  that  remained  in  the 
bosom. 
Mr.  Secro-       Mr.  Secretary  Ellis*  asked  the  indulgence  of  the 
^^^'■^j^^'^^^^  house,  saying,  that  "although  a  very  old  member  of 
tion  to  dis-  parliament,  he  certainly  was  a  very  young  minister, 
the  war!    ^^  to  the  American  war,  it  had  always  been  his  firm 
opinion  that  it  was  just  in  its  origin  ;  nor  could  the 
events  that  had  since  occurred  make  him  change  that 
opinion.     But  he  never  entertained  an  idea,  nor  did  he 
believe  that  any  man  in  that  house  ever  imagined,  that 
America  was  to  be  reduced  to  obedience  by  force.     If 
his  sentiments  were  not  now  the  same  as  they  ever  had 
been  respecting  the  practicability  of  the  war,  he  did 
not  feel  himself  so  much  under  the  influence  of  un- 
manly shame,  as  to  be  afraid  to  confess  that  a  revolu- 
tion had  taken  place  in  his  mind.     He  was  free  to  con- 
«  Eecentlylcss,  that  he  was  not  now  so  sanguine  in  his  hopes  of 
foi^  Anu  ri-  ^^^cccss  as  lic  had  been  some  time  ago.     Nor  did  he 
can  affairs,  think  that  the  concession  disgraced  him ;  for  he  held 


THE   UNITED   STATES   OF   AMERICA.  789 


UNDER   THE    CONFEDERATION.  PaRT    IV. 

it  to  be  the  duty  of  a  statesman  to  conform  to  the  ch*-  American 
cumstanccs  of  the  times,  and  not  blindly  and  obsti- "Jj*^.*^??^ **" 
natelv  adhere  to  opinions,  merely  because  ho  had  once  ^^^^"-^^ 

.        •,  1  .     1   X,  Britain, 

entertained  and  supported  them.  1778-82. 

"  He  could  endure  war  only  as  the  means  of  procur- 
ing a  lasting  and  safe  peace.     It  was  on  this  principle  Debate  on 
alone  that  war  could  be  justified;  and  being  governed ypy^jfof 
as  he  was  by  that  principle,  it  was  impossible  that  he  Commons, 
could  be  an  advocate  for  protracting  the  war  one  day 
beyond  that  time  when  a  permanent  and  honorable 
peace  may  be  established. 

"  But  gentlemen  did  not  seem  so  anxious  for  peace  Mr.  Secre- 
in  general,  as  to  put  an  end  to  the  American  war.  on^hc  mo- 
Seeing  things  in  the  light  in  which  he  saw  them,  and  ^'^n  for  a 

1        •  1  ii'iiiT/./.  discontm- 

having  the  grounds  which  he  had  for  forming  his  judg-  uance  of 
meiit,  he  could  not  call  the  war  in  America  the  Amer-^^°  ^''*''* 
ican  war,  its  true  name  was  the  French  war:     For  if 
he  was  not  greatly  mistaken,  and  he  believed  he  spoke 
from  very  good  authority,  the    army  under  General 
Washington  in  general,  and  the  whole  of  the  Amer- 
ican  continental  army,  tvas  fed,  clothed,  and  paid,  by 
France :  So  that  it  was  France,  not  the  congress,  that 
was  fighting  in  America:     It  was  not  mere  locality  *  This  was 
that  gave  name  to  a  war;  and  therefore,  from  what  he^'^°  ^i?^*^, 

.  and  fatal 

knew,  he  held  himself  to  be  authorized  in  calling  the  "dodge" 
war  in  America,  a  French  war*  Now  if  France  might  ministry 
be  fought  in  other  countries  as  well  as  in  France,  if  she 
was  fought  last  year  in  Germany,  he  could  not  see  any 
solid  oljjection  against  fighting  her  this  war  in  Amer- 
ica." After  a  few  remarks  further  on  the  wording  of 
the  motion,  Mr.  Ellis  concluded  by  saying,  "  he  had 
thought  it  his  duty  to  say  thus  much  by  way. of  confes- 
sion of  faith  \\\  his  new  situation,  and  to  gratify  the 
curiosity  of  the  house." 

Mr.  Burke  rose  next,  and  made  an  admirable  com-  Sir  Ed- 
mentary  on  the  speech  of  the  American  secretary,  Mr.  p^^j^*^  ^^ 
Ellis.     "  A  confession  of  faith,"  he  said  "  more  obscure,  tjie  mo- 
and  more  confused,  more  intricate  and  more  absurd, 


790  THE   GOVERNMENTAL    HISTORY   OF 

Part  IV.  the  permanent  union 

American  perhaps,  was  iiever  published  for  the  delusion  and  ca- 

encyin^    lamitj  of  mankind:     Like  confessions  of  faith  of  the 

Great        same  unintelligible  nature  it  could  only  be  supported 

1777-82.    by  miracles :     For  what  has  this  new  minister  said  ? 

What  satisfaction  has  he  given  to  this  house,  and  for 

Debate  on  what  had  the  new  arrangement  in  office  been  made,  to 

House  of   which  the  nation  had  looked  with  expectation,  and  con- 

S^,"""2!!^'  sidered  as  the  date  of  a  new  system,  founded  on  con- 
Feb.  1782.     .     .  J  ^ 

viction  of  past  errors,  in  which  this  fatal  and  ruinous 

war  was  to  be  given  up  ?    Not  one  thing  which  had  not 
been  said  a  hundred  times  by  the  last  American  secre- 
tary, and  which  had  been  said  for  the  delusion  of  the 
house  five  years  ago ;     The  American  war  was  to  be 
Sir  Ed-      continued  ;  the  same  system  was  to  prevail ;  the  king- 
mund        (Jom  was  again  to  be  drained  of  men  to  support  it ; 
the  motion  and  more  millions  were  to  be  lavished  and  lost  in  the 
^"nUn^-'^'    P^ii'suit  of  it;    for  to  all  this  expressly  did  the  con- 
uance  of    fessioii  of  faith  of  the  new  minister  go.     It  might  have 
been  expected  at  least,  that  when  a  new  minister  was 
appointed,  at  least  a  new  language  would  have  been 
held,  if  not  a  new  system  adopted  ;  but  even  in  this  we 
are  not  gratified :     Not  one  new  idea,  not  one  new  sen- 
tence, not  one  new  word ;  but  the  self-same,  old,  hack- 
nied,   stale,   and   common   language   as  ever.      Yes ! 
there  was  one  new  idea  started,  and  he  begged  gentle- 
men to  attend  to  it.     This  hopeful  contest,  though  it 
was  to  be  continued,  was  no  more  to  be  considered  as 
an  American  war.     Its  locality  was  nothing ;  its  being 
carried  on  in  the  colonies  was  nothing  ;  it  was  now 
converted  into  a  French  war ;  this  was  the  only  thing 
in  which  there  was  either  novelty  or  change.     And 
from  the  new  arrangement  in  office  this  was  all  that 
had  been  produced.     A  new  arrangement  had  been 
made  that  a  peerage  might  be  conferred  upon  a  man 
who  dismembered  his  country,  that  the  American  war 
might  be  converted  into  a  French  war,  and  that  an  old 
man  might  be  changed  into  a  new  minister.     He  defied 
all  the  world  to  find  another  benefit  from  this  alteration. 


the  war. 


THE  UNITED   STATES   OP   AMERICA.  791 

UNDER    THE    CONFEDERATION.  PaUT    IV. 

"The   American   war  was   to   be   considered   as   a  American 

French  war ;  and  we  were  to  go  on  persecuting  the  'Jjjcy^^ii*^' 

Americans,  not  for  the  purpose  of  reducing  the  Amer-  (^reat 

icans  to  obedience  by  force,  but  for  the  purpose  of  re- 1777_82. 

ducing  the  French.     What  was  the  absurdity,  or  ratlier 

what  Avas  the  wickedness  of  this  idea  ?     In  the  begin-  Debate  on 

ning  of  tlie  present  session  the  effect  which  the  loss  of  House^of 

Earl  Cornwallis'  army  produced,  forced  the  ministers  Commons, 

to  give  assurances  to  the  house  that  they  must  contract 

the  scale  of  the  war,  and  that  it  would  be  conducted 

in  future  on  a  very  different  plan  from  what  it  had 

been  :      Here  was  the    execution  of   this   ministerial 

assurance.     We  will  not  prosecute  the  American  war ;  sir  Ed- 

we  will  drop  that  entirely;  we  have  no  further  "^ten- g^^'^j^^  ^^^ 

tion  of  reducing  the  Americans  to  obedience  by  force ;  the  motion 

but — but — here  is  the  fine  ministerial  distinction,  andcontiu- 

the  new  plan  of  delusion,  but  we  must  prosecute  the  "^'^'^^  **^ 
_         ,  7-7  .       ,       ^   .  ,  A  the  war. 

rrencli  war  wliicli  now  rages  in  the  fields  of  America. 

Did  not  gentlemen  perceive  at  what  they  aimed  by  this 
new  argument  ?  Under  this  new  name  of  a  French 
war,  the  American  contest  was  to  be  persevered  in,  and 
from  tliis  new  minister  we  were  to  receive  exactly  the 
old  system. 

"  But,  say  the  gentlemen,  our  friends  in  America 
have  done  iis  all  this  mischief.  Every  calamity  of  the 
war  has  arisen  from  our  friends  ;  and  if  such  are  to 
be  our  friends  I  hope  to  God  that  we  may  hear  of 
tliem  no  more.  When  exhausted  and  famished  had 
our  friends  assisted  us  ?  Had  they  brought  us  a  single 
bullock,  a  single  bushel  of  Indian  corn  ?  Had  they 
assisted  us  in  any  one  shape  or  way  ?  No,  they  had 
drawn  us  in  the  north  to  Saratoga,  and  in  the  south  to 
York-Town.  What  does  the  honorable  gentleman 
mean  by  holding  out  the  delusion  of  more  friends? 
Did  he  recollect,  or  did  he  think  of,  the  tenth  article  of 
the  last  capitulation  ?  Or  did  he  mean  to  make  an- 
other tenth  article  for  the  purpose  of  giving  up  what 
few  friends  we  might  still  have  left  ? 


792  THE   GOVERNMENTAL    HISTORY   OF 

Part  IV.  the  permanent  union 


American       "  The  right  hoiiorablc  gentleman  also  has  hopes  of 
ont'^^^hi'^'  success.     After  all  our  calamities ;  after  having  found 
Great        bj  experience  that  when  we  had  only  America  to  op- 
1777-82.    pose,  we  were  unequal  to  the  reduction  ;  now  that  we 
had  fresh  accessions  of  enemies ;  nay,  that  we  had  the 
Debate  on  most  powerful  in  the  imiverse  to  oppose  ;  lie  has  reason 
iiouse^of    ^^  entertain  hopes  I     Miserable  hopes !     What  has  the 
Commons,  American  war   produced  ?      What   but   peerages  and 
'  calamities  ?     What  but  insults  and  titles  ?     Was  there 
anything  to  give  hope  ?     0  yes,  we  must  not  only  have 
hope,  but  confidence  in  ministers.     Confidence  !  could 
we  have  confidence  in  the  men  who  still  determined 
to  prosecute  this  mad  and  impolitic  war  ?     It  is  impos- 
sible." 
Lord  Shef-      Lord   Sheffield,  was  against  the  motion,  and  urged 
noUon  fo5  *^^^^  "  ^^  would  be  impolitic  to  withdraw  the  troops  from 
a  discon-    America,  as  the  Americans  then  might  destroij  the  West 
of  the  war.  India  Islands :     He  said  he  did  not  clearly  understand 
the  motion.     He  knew  not  how  they  could  separate  the 
war  with  America  from  the  war  with  France  ;  or  how 
they  could  talk  of  maintaining  a  war  of  posts  (as  it 
was  called)  without  intending  to  make  it  a  war  of  of- 
fence.    If  we  had  not  a  force  in  America  which  should 
be  able  to  act  as  occasion  might  require,  we  must  lose 
every  post  in  detail  from  the  river  St.  Lawrence  to  the 
cape  of  Florida.     We  must  either  fight  France  in  Amer- 
ica, or  we  must  fight  her  in  the  east,  or  at  home  in  the 
rich  fields  of  Britain. 
Mr.  Wii-        Mf-  Wilberforce  "  said  he  was  much  in  favor  of  the  mo- 
berforce     ^j^^^   ^^^  declared  his  opinion,  that  while  the  present 

on  the  mo-  '  r  7  1 

tion  for  a  ministry  existed,  there  were  no  prospects  ot  either  peace 
uance"of '  0^  happiness  to  this  kingdom.  The  motion  tended  to 
the  war.  i^old  out  wise  advice  and  direction  to  ministers  for  their 
future  conduct,  respecting  the  American  war :  Their 
career  hitherto  had  rather  resembled  the  career  of  furi- 
ous madmen  than  the  necessarily  vigorous  and  prudent 
exertions  of  able  statesmen.  He  declared,  from  a  part 
of  what  the  new  secretary  had  said,  he  began  to  sus- 


THE   UNITED    STATES   OP  AMERICA.  793 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

pect,  what  a  subsequent  part  of  his  speech  had  fully  con-  American 
firmed  in  his  mind,  viz.,  that  it  was  intended  to  P^^rsuc  "^'J.^'^?"'^' 
this  ruinous  war  in  the  former  cruel,  bloody,  impracti- threat 

,  ,  Britain, 

cable  manner.  1777-82. 

Mr.  T.  Townshend  spoke  very  strongly  in  favor  of 
the  motion  :  "  It  had  been  thrown  out  in  the  debate,"  J?^^''^*°  «" 

'     tlie  war. 

he  said,  "  that  it  was  not  now  an  American  war,  but  a  House  of 
French  war :      That  America  was  become  dependent  Feb!°i782. 
on  France,  that  France  had  conquered  America :  What,  Mr.  t. 
then,  could  be  inferred,  but  that  France  with  thirty-four  ^jl^^^^'^^^ 
hundred  men  in  America,  had  done  more  than  England  the  mo- 
with  seventy-three  thousand  ? 

3Ir.  C.  Turner,  said  "  that  the  people  of  England,  cspe-  Mr.  c.  Tur- 
cially  the  poorer  sort,  were  so  reduced  by  the  Amer-^^'"' 
ican  war,  that  the  farmers  in  the  country  were  glad  to 
sell  their  corn  as  fast  as  they  could  thrash  it,  merely  to 
support  themselves.  He  declared  that  he  differed  from 
those  who  looked  to  parliament  for  the  salvation  of  the 
nation:  He  had  trusted  to  them  too  long;  and  the 
only  salvation  now  lay  in  the  people,  whom  he  would 
join  on  the  first  occasion. 

Colonel  Barre,  moved,  before  they  proceeded  any  far- Colonel 
ther  on  a  subject  of  such  importance,  that  the  petition  ^fj^mo^tion 
from  the  city  of  Bristol,  lying  on  their  table,  might  beforadis- 
read  ;  which  being   complied  with,  he  rose  and  said  ;  ance  of' 
"  The  many  burdens  and  grievous  oppressions  which  it  '^^  ^^''* 
is  stated  that  great  trading  town  labored  under,  were 
not  peculiar  to  it ;  they  were  common   to  the  whole 
kingdom.     I  am  confident  that  the  city  of  London  holds 
similar  sentiments  with  regard  to  the  war ;  and  the  rea- 
son that  your  table  is  not  loaded  from  all  parts  with 
petitions  of  the  like  nature  with  that  just  read,  is,  that 
the  nation  did  not   look  up  to  parliament  with  that 
respect  which  they  were  formerly  wont  to  do  ;  we  have 
fallen  into  contempt  in  the  eyes  of  the  public  ;  and  that 
alone  is  the  cause   that  complaints  of  the  distresses, 
heavy  burdens,  and  intolerable  hardships,  which  the 
nation  endures,  do  not  pour  in  from  every  quarter. 


794  THE  GOVERNMENTAL  HISTORY  OF 

Part  IV.  the  permanent  union 

American  All  honorable  gentleman  has  said,  that  this  mode  of 
independ-  addressing  the  crown  was  unprecedented.     Good  God  ! 
Great        Sir,  the  situation  of  our  country  is   unprecedented. 
I'ZTT^sk    -^11^  is  tliis  ^  time,  when  the  nation  is  verging  on  abso- 
lute ruin,  to  search  for  precedents  to  warrant  tis  in 
Debate  on  those   measures   which   may   avert   that   destruction  ? 
House  of   From  what   has  fallen  from  the  new  secretary  of  state, 
Feb^°i782  C-^'*-   -^^^^^O    1   ^^^^  plainly  perceive   that   the   same 
wretched   argument    and   folly    which    had    hitherto 
promoted   and  carried  on  the  accursed  ivar  still  influ- 
enced  the   conduct   of    ministers.     It  is  said  we  have 
many  friends   in   America,  and  it  would   be  cruel  to 
abandon  them  to  the  merciless  hands  of  the  congress. 
It  is  an  entire  delusion,  we  have  no  friends  in  America; 
and  ministers  have  been  duped  into  the  idea  of  the  con- 
trary by  the  misrepresentations  and  falsehoods  told  by 
Col.  Barre  refugees  here.    From  their  erroneous  misrepresentation 
Son^forT"  ^^  might  chiefly  attribute  our  disasters  in  America. 
discontinu- To  coiitradict  their  lying  reports  to  government  we 
theVar.     need  only   refer  to  Lord  Cornwallis's  public   letters. 
In  them  he  tells  us  that  he  met  none  of  those  many 
loyalists  he   was   made  to  believe  he  should  meet  in 
North  Carolina,  a  province  in  which  he  stood  most  in 
need  of  them.     In  his  march  throughout  almost  the 
whole  province,  he  said  he  found  them  '  timid  friends 
and  inveterate  enemies.'     Did  this  language  denote  loy- 
alty ?     Were  these  the  numerous  friends  and  warm  ad- 
vocates for  this  country,  that  ministers  were  so  mighty 
tender  of   deserting?     However,  his  lordship  being 
necessitated,  through  want  of  provisions  and  other  cir- 
cumstances, to  march  to  Wilmington,  he  there  found  a 
number  of  Americans  assembling,  not  for  the  purpose 
of  arming  as  would  be  falsely  insinuated,  but  merely 
to  see  that  gallant  general  (^Lord  Cornwallis)  who  had 
so  repeatedly  beaten  General  Green!  and  as  soon  as 
the  sight  was  over,  and  they  paid  their  addresses  to  his 
lordship,  they  retired  with  as  great  expedition  out  of 
the  town  as  they  made  in  coming  in ;  and  I  have  it 


THE  UNITED   STATES  OP  AMERICA.  795 

UNDER   THE    CONFEDERATION.  PaKT    IV. 

from  very  good  authority,  such  as  cannot  be  doubted,  American 
that  Lord  Cornwallis  could  not,  with  any  persuasion  in  euj.v'rn°  ' 
his  power,  prevail  on  even  an  hundred  men  to  arm  (^reat 

,  ,  .      ,  .  -n  1  .  <>     ,      Britain, 

themselves  in  his  support,     irom  this  account  ot  the  1777-82, 
disposition   of  the   Americans,   must  not  every  man, 
endued  with  any  degree  of  reason,  see  the  impractica- J^^J"^*^^.^" 
bility  of  subduing  America  by  force  ?  House  of 

The  Secretary  of  War.,  (Mr.  Jaskinson,)  remarked,  Feb!"i782. 
"  that  if  an  end  to  the  American  war  was  what  gentlemen  The  Secre- 
desired,  the  withdrawing  our  forces  would  by  no  means  o^[^J|e  ^, 
have  that  effect ;  for  America  would  certainly  attack  tipn  for  a 
us  in  her  turn,  so  that  we  should  still  have  an  Ameri- ance  of  the 
can  war.     Besides,  her  ports  would  be  open,  and  would  ^^'*^' 
every  day  increase  in  wealth  and  power,  a  circumstance 
this  nation  should  use  their  utmost  endeavors  to  pre- 
vent.    Gentlemen  wished  to  be  informed  what  govern- 
ment meant  by  a  war  of  posts.     My  idea  is,  to  keep  no 
regular  army  in  the  field,  but  in  keeping  those  posts  we 
had,  to  add  others  to  them  whenever  they  should  be 
found  advantageous  to  us,  thus  affording  us  the  means 
of  attacking   the   enemy  if  an  opportunity  served  of 
doing  it   with   success.     The   address  now  moved  for 
is  not  explicit  enough,  the  terms  of  it  are  too  obscure, 
nor  can  I  see  any  possible  benefit  that  could  arise  from 
it ;  if  I  did,  it  should  have  my  warmest  support. 

Mr.  Fox,  exposed  the  duplicity  of  ministers,  and  Mr.  Fox 
argued  that  the  seats  in  the  house  were  so  filled  by  JJ' 
placemen  and  contractors  that  the  voice  of  the  people 
was  not  fully  represented  among  them.  He  said,  "  it  is 
now  evident  that  the  war  is  to  be  pursued  in  America 
in  the  same  mad  manner  in  which  it  had  been  hitherto 
conducted."  He  reviewed  the  conduct  of  administra- 
tion with  exceeding  severity. 

Lord  North  defended  the  administration  in  quite  a 
lengthened  argument. 

The  Hon.  Wm.  Pitt,  spoke  with  his  usual  eloquence  y^^  ym 
on  the  motion,  and  urged   the  necessity  of  putting  a^rgesan 
speedy  end  to  the  war.   "  It  had  been  remarked,"  he  said,  ^°ar.  *°  *  * 


on  the  mo- 
tion. 


796  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  permanent  union 

American  "  in  the  debate  by  the  new  secretary,  that '  to  make  peace 
ency'in  '  "^^^^^  the  Americans  you  must  make  them  feel  the 
Great  calamities  of  war.'  Surely  we  ought  to  pay  some  respect 
1777-81.    to  the  calamities  of  our  constituents  at  home.     They, 

I  will  be  bound  to  say,  felt  all  the  calamities  of  war." 

tife*  war^°      il^/*.  Rigbij  said,  "  he  undoubtingly  was  of  opinion  some 

House  of    time  back,  that  the  American  war  was  a  just  one  ;  he 

Feb.  1782.  ^tiH  Continued  to  think  so.     But  he  was  also  of  opinion 

that  the  complexion  of  the  times  had  altered,  and  that 

Mr.  Rigby.  jt  was  no  longer  practicable  to  pursue  it ;  yet  he  should 

vote  against  the  present  motion  (although  he  wished 

for  peace,)  as  it  interfered  with  the  executive  power, 

and  left  ministers   in  a   situation  not  knowing  what 

to  do." 

Gen.  Con-        General  Conway,  explained  the  nature  of  his  motion, 

plains        and  said,  "it  was  necessary  for  the  house  to  come  to  the 

his  motion,  pesolution  proposed,  as  a  basis  to  treat  upon,  as  it  would 

show  to  the  world  that  the  House  of  Commons  were  in 

earnest."     He  concluded  the  debate  by  reviewing  the 

Question    arguments  urged  against  the  motion.     At  two  o'clock 

tion  Fe'b^i^^  the  morning  the  house  divided  on  the  motion  ;  ayes 

22d.  I93j  noes  194 ;  giving  a  majority  of  one  for  continuing 

the  American  war. 


Unpopu-        It  is  evident  from  the  debate  on  this  motion,  and  from 
the  war  as  the  fuial  votc,  that  the  war  with  America  had  become 
disclosed    -unpopular  cvcn  among  the  former  adherents  to  adminis- 
debate.      tration,  and  that  the  power  of  ministry  was  on  the  wane. 
The  king  was  evidently  alarmed,  and  anxious  to  escape 
from  the  dilemma  into  which  he  had  been  drawn.     The 
difficulty  under  which  the  opposition  labored  seemed  to 
be,  how  to  separate  the  crown  from  the  condemnation 
of  his  ministers;  or  how  to  make  the  mediation  of  par- 
liament available,  without  infringing  upon  the  royal 
prerogatives. 
Petition  of      The  debate  on  this  subject  was  renewed  on  the  twen- 
London  ^^  ty-sevcnth  of  February,  when  "  the  sheriffs  of  London 
presented   at  the   bar  of  the  house  a  petition  of  the 


THE   UNITED    STATES   OP   AMERICA.  797 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

Lord   Mayor,  Aldermen  and  Commons  of  the  city  of  American 
London,  in  common  council  assembled;  setting  forth, [."'^.y^j?^ 
that   the   petitioners,   in   the   present  state  of  public  ^'""^'^t 

rr.  •  -.1  •  ,  •  1      Britain, 

affairs,  moved  by  every  sentiment  that  can  impress  the  1777-82. 
human   mind   with   regard  for  the  common  welfare  of 
this  kingdom  and  its  dependencies ;   are  impelled  to  the  war, 
implore  this  honorable  house  to  interfere  in  such  man- JJ""*^®  °*' 

'■  Commons, 

ner  as  to  their  wisdom  shall  seem  to  be  most  effectual,  Feb.  27th, 
for  preventing  the  continuance  of  this  unfortunate  war 
with  America."     This  petition  was  ordered  to  lie  on 
the  table. 

Mr.  Alderman  Neivnham  then  informed  the  house 
that  the  city  had  been  unanimous  in  this  petition,  as^|?'\*''~^ 
they  were  most  heartily  tired  of  the  American,  war ;  the  war. 
whereupon 

General  Conway  rose,  at  half  past  four  o'clock,  to  Gen.  Con- 
renew  his  attempt   to   bring  the   house  to  agree  with  ng^g'^his 
him,  "  that,  in  the  present  posture  of  affairs,  it  would  be  motion  for 
inexpedient  and  improper  any  longer  to  prosecute  the  tinuauce 
American  war.     He  desired  that  the  petitions  from  the  ^^  ^"^^  ^^^* 
cities  of  London  and  Bristol  might  be  read."     Which 
being  done,  he  declared  that  "  as  he  was  firm  in  his  opin- 
ion on  Friday  last  of  the  necessity  of  putting  an  end  to 
the  American  war,  he  had  this  day  been,  if  possible,  more 
confirmed  ;  for  the  first  trading  city  in  the  world,  had 
petitioned  against  the  war,  and  they  undoubtedly  were 
the  best  judges  of  its  effects.     He  had  several  induce- 
msnts  to  renew  his  motion.   He  would  do  it  from  a  princi- 
ple of  duty  to  his  country,  to  his  constituents,  and  to  him- 
self.    So  deep  was  the  impression  which  the  calamities 
and  disgraces  of  this  unnatural  and  cruel  war  had  made 
upon  him,  that  while  he  had  a  mind  to  think,  a  heart  to 
feel,  or  a  tongue  to  speak,  he  never  would  relax  in  his  en- 
deavors to  point  out  the  necessity  of  putting  an  end  to  it. 

"Another  inducement  was,  that  the  last  question 
which  he  had  the  honor  of  submitting  to  the  house  had 
been  lost,  or,  as  some  would  call  it,  carried,  by  so  very 
small  a  majority.      He   had   since   conversed  with  so 


798  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  permanent  union 

American  many  members  who  were  absent  when  that  question 
encTfa  '  "^^^  discussed,  and  who  had  assured  him  that,  if  they 
Great        i[;iad   been  present  when  it  was  proposed,  they  would 

Britain,  i\..  ii  t     • 

1777-82.    have  voted  ior  it ;  that  he  could  not  taring  himsclt  to 

think  that  the  sense  of  the  house  could  fairly  be  said 

the  war.     to  liave  been  taken  on  the  subject:     Members  had  fre- 

House  of    quently  made  light  of  their  attendance,  but  he  begged 

Comnious,    ^  •'  °  -.^     ■, 

Feb.  27th,  them  to  consider  and  to  reflect,  that  perhaps  all  the 

•^'^^^"        mischiefs  and  calamities  of  that  war  were  now  to  be 

attributed  to  the  absence  of  a  single  member.      But 

these  were   not   his   only  inducements;   he   had   still 

another,  from  which  he  expected   no   inconsiderable 

Generaf  °  advantage :     Two  members  of  great  weight,  and  deserv- 

Conway's    edly  of  great  weight  in  that  house,  (^Mr.  Righy  and 

discon-      tlf^f^  Lord  Advocate)  had   in   the  late  debate  on   the 

tinue  the    American  war,  fairly  confessed  that  they  were  tired  of 

war.  7  ^  ./ 

the  war:  They  had  declared  themselves  converts  to 
the  opinion  of  its  impracticability;  and  they  had  de- 
livered themselves  on  that  subject  in  a  very  manly  man- 
ner; all  he  regretted  was,  that  they  had  not  followed 
up  their  manly  declaration  with  a  manly  vote  for  the 
address.  They  were  now  avowed  converts.  The  light 
had  shone  upon  them;  they  were  thrown  down  from 
their  high  horse  of  starvation  and  unconditional  sub- 
mission; but,  unlike  Paul  after  his  conversion,  they 
had  not  become  the  champions  of  that  people  and  cause 
of  which  they  had  been  such  violent  persecutors." 

After  a  very  able  and  elaborate  argument  in  favor  of 
discontinuing  the  war,  and  a  very  severe  review  of  min- 
isterial inconsistency  and  obstinacy,  Mr.  Conway  con- 
cluded by  moving  the  following  resolution : 
General         ^^Rcsolved,  that  it  is  the  opinion  of  this  House,  that  the 

Conway's    farther  prosecution  of  offensive  war  on  the  continent 
resolution.  ^  „         ,  /.        i      •         .i 

of  North  America,  for  the  purpose  of  reducing   the 

revolted  colonies  to  obedience  by  force,  will  be  the 
means  of  weakening  the  efforts  of  this  country  against 
her  European  enemies;  tends,  under  the  present  cir- 
cumstances, dangerously  to  increase  the  mutual  enmity, 


THE   UNITED   STATES   OP   AMERICA.  799 

UNDER   THK    CONFEDERATION.  PaKT    IV. 

SO  fatal  to  the  interests  of  both  Great  Britain  and  American 
America;  and,  by  preventing  a  happy  reconciliation "^^.y"^!^  " 
with  that  country,  to  frustrate  the  earnest  desire  o-ra-^^reat 

1  /,       T  •  •  1,1-  JJiitain, 

ciously  expressed  by  his  majesty  to  restore  the  blessings  1777-82. 
of  public  tranquillity." 

Lord  Althorpe  "seconded  the  motion,  from  a  thor- l^^bate  oa 

the  war. 

ough  conviction,    he  said, "  that  it  was  just,  and  conform-  House  of 
able  to  the  Avishes  of  the  people  at  large,  who,  wherever  p^™" 7th' 
he  went,  Avcre  exclaiming  against  the  American  war.  1782. 
He  had  listened  with  great  attention  during  the  debate 
on  Friday,  (the  22d)  and  was  astonished  to  hear  it  said, 
'you  must  make  war  to  gain  peace;  you  must  make  Althorpe 

the  Americans  feel  the  calamities  of  war,  to  wish  for  seconds 

'  the  resolu- 

peace.'     Would  any  man  say  they  had  not  felt  the  tion. 

calamities  of  war?     Or  would  any  man  say  that  we, 

ourselves,  have  not  felt  the  calamities  of  war?     If  they 

did,  he  must  difiFer  widely  in  opinion  from  them;  for 

was  the  burning  of  towns  and  spreading  desolation 

wherever  we  went,  not  making  tlie  Americans  feel  the 

calamities  of  war  in  the  utmost  degree  ?     Certainly  it 

was;  and  the  vast  burthen  and  increase  of  our  taxes 

arc  felt  at  home :     Besides,  our  army  in  America  is  not 

only  an  useless  army,  but  is  a  means  of  our  navy  being 

neglected ;  for  the  men  who  were  raised  and  sent  to  be 

slaughtered  there,  would  have  been  of  infinite  service 

if  employed  as  marines,  or  by  becoming  sailors. 

Sir   Horace    Mann   said, — "from   principle   I   have  Sir  Horace 

supported  the  American  war,  under  the  idea  first,  that  Qeygj-a^ 

it  was  just;  and  next,  that  it  was  practicable:     Expe- Conway's 

riencc,  however,  has  convinced  me  that  the  object  we  to^discoa- 

had  set  out  with  was  unattainable  and  impracticable ;  tii^ue  the 

war. 

my  eyes  are  now  open,  and  1  see  that  it  would  be  mad- 
ness to  pursue  it  any  longer.  It  is  therefore  the  best 
thing  that  can  be  done,  in  our  present  situation,  to  put 
an  end  to  the  war  as  speedily  as  possible,  wliich,  if  not 
soon  terminated  will  put  an  end  to  our  political  exist- 
ence.    With  these  sentiments,  therefore,  I  must  pro- 


800  THE   GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  permanent  union 

American  claim  my  conversion,  and  seal  it  by  voting  for  the  motion 

indepcud-  ,     p  .i       i 

ency  in        ^^^"^  bclorC  the  hoilSC. 

Great  77^^  Attomeij  General,  (Mr.  Wallace,^  ffave  it  as  his 

Britain,  .    ,  ,  .         ,  • 

1777-82.    opinion,  "that  111  the  present  circumstances,  notlung 

but  a  peace  with  America  can  restore  this  country  to 

the  war.     its  former  state  of  splendor  and  respect:     But,  sir,  I 

House  of    (Jq  ^qi  think  the  motion  on  the  table  is  calculated  to 

Commons,  -,     -,      '      ^  -,  mi 

Feb.  27tb,  producc  that  happy  and  desirable  object;  Ihere  are 
^^^^"  many  obstacles  to  be  removed  before  it  would  be  possi- 
The  Attor-  ble  for  this  house  to  expect  to  bring  the  Americans  to 
ney  Gen-    ^j^gj^j.  ^j|.}j  ix^qt^^     The  restrictions  in  the  Prohibitory 

eral  is  in  •-' 

favor  of  a  Act  miist  first  be  removed,  &c.     He  was  in  favor  of  a 

truce  with  America. 
Mr.  Fox         Mr.  Fox  urged,  with  the  most  powerful  arguments, 
theresoiu-  "  *^^°  propriety  of  the  motion  made  by  the  hon.  General, 
tion.  (^  Conway^ :     He  deprecated  and  denounced  "  the  paltry 

stratagems  to  which  ministers  were  reduced,  in  the  last 

moment   perhaps  of  their   existence,  to   gain  a  short 

week,  or  a  day  of  breath," 
Mr.  Wai-        Here  "the  Attorney  General  (Wallace,^  moved  an 
to'^adj'iura!  adjournment,  and  after  a  short  debate  the  house  divided 

on  the  motion,  when  the  vote  stood  noes  234,  ayes  215. 
Lost.         The  majority  against  the  ministry  on  the  question  of 

adjournment  being  19. 
Theresoiu-     "The  original  question  upon  the  resolution  was  then 
tion  car-    p^^^.^  ^^^^  carried   without  a  division :     The   ministry 

being  thus  left  in  a  minority.  General  Conway  followed 

up  his  first  motion  with  another,  viz: 
Further  "  That  an  humble  address  be  presented  to  his  majesty, 

motion  of  ^^^^  ^^^  further  prosecution  of  offensive  war  on  the 

General  '  /»        i       • 

Conway,  continent  of  North  America  for  the  purpose  of  reducing 
the  revolted  colonies  to  obedience  by  force,  will  be  the 
means  of  weakening  the  efforts  of  the  country  against 
her  European  enemies,  tends,  under  the  present  cir- 
cumstances, dangerously  to  increase  the  mutual  enmity 
so  fatal  to  the  interests  of  both  Great  Britain  and 
America;  and  by  preventing  a  happy  reconciliation 
with  that  country,  to  frustrate  the  earnest  desire  gra- 


THE   UNITED   STATES   OP  AMERICA.  801 


UNDKR   THK    COXFEDERATION.  PaRT    IV. 

ciously  expressed  by  his  majesty  to  restore  the  blessings  American 
of  public  tranquillity."  encThi  " 

This  motion  was  agreed  to  without  a  division.     It^^'pat 
was  thereupon  ^'■Resolved  that  the  said  address  be  pre- 1777-82, 
sented  to  his  majesty  by  the  whole  house :     And  the  Motion 
members  of  his  council  present,  are  ordered  to  know  ''^sreed  to. 
his  majesty's  pleasure  when  he  would  be  attended  hy  up^n  "^'^"^ 
the  house." 

The  next  day,  almost  as  soon  as  the   Speaker  had 
taken  the  chair,  the  Attorney  General  (^Mr.  Wallace')  j^''-  "^a^- 
"  asked  leave  to  bring  in  a  bill  '  to  enable  his  majesty  to  leave  to 
conclude  a  peace  or  truce  with  the  revolted  colonies  of  bn^^r'^  ^ 
America.'     He  said  he  would  not  then  enter  into  any  peace  with 
detail  of  the  nature  of  the  bill,  but  would  reserve  him- 
self to  another  opportunity,  when  he  should   have  a 
fuller  house  to  speak  to." 

Mr.  T.  Townshend  "wished  his  lordship  would  even  Mr.  T. 
then,  thin  as  the  house  was,  enter  into  a  detail,  or  give  JJg^^^gJJ, 
some  explanation  of  the  particular  objects  of  his  pro- ^s  details, 
posed  bill. 

Mr.  Fox  said,  "  that  though  no  man  wished  more  Mr.  Fox 
ardently  for  peace  than  he  did,  still  he  did  not  see  the  Jhe^biU  ^in 
necessity  of  passing  any  bill  on  the  subject  in  the  very  limine. 
first  instance.    Ministers  might  enter  into  a  negotiation, 
and  apply  to  parliament  as  soon  as  their  assistance 
should  be  wanted.     Whoever  should  have  the  conclu- 
sion of  the  business,  whether  the  present  ministers  or 
others,  they  must  act   upon    entirely  new  principles; 
For  his  part,  he  thought  the  idea  of  sovereignty  over 
America  ought  to  be  totally  renounced;  but  still  he  hoped 
no  one  would  give  up  America,  without  obtaining  a 
substantial  connection  with  her. 

Mr.  Righy  "was  of  opinion  that  no  man  spoke  inMr. Rigby 
general  more  substantially  than  the  honorable  gentle- [^y"*^^*''' 
man  (^Mr.  Fox,)  but  still  he  must  confess  that  he  could 
not  reconcile  his  two  ideas  of  renouncing  the  sover- 
eignty of  America,  and  preserving  'a  substantial  con- 
nection '  with  her.  He  was  afraid  the  honorable  gentle- 
51 


802  THE   GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  permanent  union  • 

American  man  wauted  to  retain  under  one  name  what  he  was  so 
ency'in  ready  to  renounce  under  another:  For  his  own  part, 
Great        j^q  ^[^  j^gt  entertain  an  idea  of  preservinsr  the  sover- 

Bntain,  .  ^  •  tt  -f  -& 

177V-82.    eignty  over  America.     He  gave  that  up  for  the  same  rea- 
son that  he  gave  up  the  war,  because  he  could  not  help 
the  war.     '^^'     Hc  thought  the  bill  proposed  ought  not  to  be  de- 
House  of    layed.     He  was  not  in  the  secret  of  ministers;  but  who 

Commons,  ■>  -,  ■, 

Feb.  27th,  could  tell  that  some  progress  might  not  have  been 
^'^^'         already  made  in  a  negotiation,  and  that  the  bill  was 

necessary  to  the  conclusion  of  it? 

Mr.  Fox         Mr.  Fox  said  "  he  did  not  mean  by  substantial  con- 

explains,    uQction,  any  advantage  whatever  that  we  should  have 

a  right  to  enforce  :     He  meant  such  a  connection  as  we 

have  with  Portugal ;  such  as  we  had  with  Holland. 

The  Attor-      The  Attorney  General,  (Mr.  Wallace,')  said,  that "  after 

ney  Gener- 

ai  in  reply,  wliat  he  had  pledged  himself  to  last  night,  it  would 
desires  to  j^r^yQ  ^gen  unpardonable  in  him  not  to  take  the  very 

promote  _  ^         _  _   *' 

peace.  earliest  opportunity  to  promote  that  peace  which 
seemed  to  be  the  object  of  every  gentleman's  wish.  In 
a  former  bill  appointing  commissioners  to  treat  with 
America,  there  was  a  clause  empowering  them  to  sus- 
pend the  Prohibitory  Act,  which,  though  it  related  to 
the  trade  of  this  country,  did  not  pass  through  a  pre- 

See  post,    vious  committee.    However,  he  was  very  willing  to  send 

p.  809.  jjjg  proposition  to  a  previous  committee  of  the  whole 
house."  He  accordingly  made  a  motion  to  that  effect, 
which  was  carried  without  any  further  debate. 

Monday,  ^^Housc  of  Commons,  March  fourth,  1782.  The  Speak- 
4th.  ^j,  informed  the  house,  that,  pursuant  to  appointment 
of  his  majesty,  the  house  attended  his  majesty  on  Fri- 
day last  with  their  address  (of  the  27th  February,)  to 
which  his  majesty  was  pleased  to  return  this  most  gra- 
cious answer,  viz. : 

The  king's      "  Gentlemen  of  the  House  of  Commons : 

flDSWGr  to 

the  ad-  "  There  are  no  objects  nearer  to  my  heart  than  the 

^®^^-        ease,  happiness,  and  prosperity,  of  my  people :     You 

may  be  assured,  that,  in  pursuance  of  your  advice,  I 

shall  take  such  measures  as  shall  appear  to  me  to  be 


THE   UNITED   STATES   OF   AMERICA.  803 

UNDKR    THE    CONFEDERATION.  1'AKT    IV* 

most  conducive  to  the  restoration  of  harmony  between  American 
Great  Britain  and  the  revolted  colonies,  so  essential  to  "I'lj-y^ '^  ' 
the   prosperity  of  both  :     And  that  my  efforts  shall  be  ^^''^'^^t 

T  1    .         1  rr-  1  .  Britain, 

directed  in  the    most    euectual    manner   against  our  1777-82. 

European  enemies  ;  until  such  a  peace  can  be  obtained 

as  shall  consist  with  the  interests  and  permanent  wel-  J^o^se  of 

^  Commons, 

fare  of  my  kingdoms."  March  4th, 

1782. 

Immediately  after  the  reading  of  this  answer,  Gen-  Proceed- 
eral  Conway  rose  and  said  "  he  was  sorry  that  it  had  fall-  up^'ou. 
en  to  his  lot  to  trouble  the  house  so  often,  but  he 
hoped  they  would  excuse  him  on  account  of  the  import- 
ance of  the  subject,  on  which  he  had  so  often  taken 
the  liberty  to  solicit  their  attention.     Often  foiled  in 
the  course  of  the  present  war,  in  his  attempt  to  put  an  speech  of 
end  to  hostilities  with  America,  he  had  for  once  sue-  ^^n^^ral 

Couway. 

cceded  in  a  motion  from  which  great  expectation  might 
be  formed,  though  he   had  no  great  reason  to  flatter 
himself  or  the  house  very  much,  from  the  answer  that 
had  been  made  to  the  address,  which  had  followed  his  The  king's 
motion,  as  it  was  not  quite  so  explicit  as  he  could  have  sufficient." 
wished.     However,  he  thought  it  right  and  proper  to 
return  thanks  for  it  to  the  throne,  expressive  of  the  sat- 
isfaction of  the  house,  at  those  pacific  dispositions  which 
were  manifested  in  his  majesty's  answer.     But  he  trust- 
ed he  would  be  seconded  by  the  house  in  his  desire  to 
secure  themselves,  and  this  country,  against  the  possi- 
bility of  a  doubt  that  the  American  war  was  not  now 
completely  concluded.     Something,  perhaps,  might  yet 
bo  wanting  to  confirm  the  resolution  of  Wednesday  ;  General 
(the  27th  Feb.)     Something  by  which  ministers  would  j^^JJ^^J^.^^ 
be  so  expressly  bound,  that  however  desirous  of  eva- an  address 
sion,  they  Avould  not  have  it  in  their  power  to  evade  °o  the 
the  injunction  of  that  house  ;  but  now  he  would  move  "^"^S- 

"  That  an  humble  address  be  presented  to  his  majesty, 
to  return  his  majesty  the  thanks  of  this  House,  for  his 
most  gracious  answer  to  their  address,  presented  to  his 
majesty  on  Friday  last;  and  for  the  assurances  his  maj- 


804  THE   GOVERNMENTAL    HISTORY   OP 

PaKI    1  V  .  XHE    PERMANENT    UNION 


American  esty  has  most  graciouslj  been  pleased  to  give  them  of 
ency^in  "  ^^^^  intention,  'in  pursuance  of  the  advice  of  this  house ; 
Great        to  take  such  measures  as  shall  appear  most  conducive 

iJntain,  '^  '■ 

1777-82.    to  the  restoration   of  harmony  between  Great  Britain 

and  the  revolted  colonies  ;  and  that  his  efforts  shall  be 

House  of    directed  in   the   most   effectual   manner   against  our 

Commons,  .  -i  i  i         i       •        i 

March  4th,  -European  enemies,  until  such  a  peace  can  be  obtained 
^"^^^^         as  shall  consist  with  the  permanent  welfare  and  pros- 
perity of  his  kingdoms : '     This  house  being  convinced 
that  nothing  can,  in  the  present  circumstances  of  this 
country,  so  essentially  promote  those  great  objects  of 
his  majesty's  paternal  care  for  his  peoj^le,  as  the  meas- 
ures which  his  most  faithful  Commons  have  most  hum- 
bly, but  earnestly,  recommended  to  his  majesty." 
Lord  Al-        Lord  Althorpe  rose  to  second  the  motion,  and  said 
ond^Gen-' "  ^^^  should  Consider  himself  wanting  in  duty  to  his  sov- 

erai  Con-  ercign,  if  he  did  not,  in  the  present  instance,  rise  to  sec- 
way  s  mo-         T 

tion  of       ond  the  motion  for  the  address  of  thanks :     At  the  same 
thanks.      ^j^^-^^  j^^  ^^^^  ^^^^  wholly  and  perfectly  satisfied  with  the 
answer  that  had  been  given  to  their  late  address  :     And 
he  wished  that  the  honorable  member  would  take  some 
step  that  might  tend  to  enforce  the  spirit  of  that  ad- 
dress.    With  respect   to  the   motion  now  before  the 
house,  he  hoped  it  would  be  carried  unanimously,  as  a 
mark  of  that  respect  which  the  house  entertained  for 
his  majesty." 
Motion  of      The  Speaker  read  the  motion,  and  having  put  the 
passed       question,  it  was  carried  nemine  contradicente :     Where- 
upon 
General  General  Conioay  instantly  rose,  and  informed  the 

proposi-  House  that  "  he  had  another  proposition  to  make,  which 
tion  for      i^Q  thought  absolutely  necessary,  and  without  which  the 

peace  with  °  •'  •' 

America,  great  point  that  had  been  carried  on  Wednesday  last 
would  be  rendered  nugatory  and  ineffectual.  He  was 
really  ashamed  to  speak  so  often  to  the  house  on  the 
subject  of  the  American  war ;  but  he  trusted  this  would 
be  the  last  time  he  should  obtrude  himself  on  their 
patience.     His  habits  and  disposition  were  so  contrary 


THE   UNITED    STATES   OF   AMERICA.  805 


UNDER    THE    CONFEDERATION.  PaRT    IV. 


to  the  principles  of  this  war,  that  he  absolutely  had  a  American 
most  rooted  aversion  to  it :     And,  therefore,  though  he  ^^'^Jyla  ' 
was  convinced  that  he  had  spoken  too  often  on  the  sub-'!>tiit 
ject,  he  could  not  resist  the  impulse  he  leit  to  rivet,  it  1777-82. 
possible,  those  fetters  which  he  hoped  the  address  voted 
on   Wednesday   had    put    upon    the    American   war.  nouse  of 
There  were  several  strong  reasons  which  urged  him  to  JJ!J"cr4th 
persevere  in  making  use  of  every  means  in  his  power  1782. 
to  put  an  end  to  it :     He  had  every  reason  to  believe 
that  there  was  a  general  desire  in  the  Americans  to 
make  peace  with  Great  Britain.     There  were  persons  General^ 
at  no  great  distance*  authorized  to  treat  with  us  about  pj^^^p^gf/ 
peace  :     And  though  hitherto  the  Americans  had  not  t>on  for 

,  ,  .^  .  .  1     .  peace  with 

bound  themselves  to  any  specific  proposition  relative  to  America. 
the  West  Indies,  or  an  exclusive  trade  to  France,  which 
could  stand  in  the  way  of  a  separate  peace,  he  was 
given  to  understand  that  something  was  in  agitation,  or 
on  the  tapis,  with  the  court  of  France,  which  if  con- 
cluded, would  be  of  irreparable  disadvantage  to  this 
country  :     Our  readiness  to  treat  with  America  would, 
in  all  probability,  prevent   anything    definitive    from  '^^^  *^"®^^ 
being  concluded  between   the  congress   and  France. 
These  were  his  reasons  for  wishing  for  an  immediate 
cessation  of  hostilities  with  America,  and  recommend- 
ing to  government,  that,  without  loss  of  time,  they  • 
would  open  a  treaty  of  peace  with  America. 

"The  answer  delivered  to  the   address  on  Friday,  The  king's 
was  by  no  means  generally  understood.     It  was  con- 
veyed in  a  language  not  any  ways  satisfactory,  as  it  did 
not  say  his  majesty  would  put  an  end  to  the  American 
war,  but  that  he  would  take  such  measures  as  appeared 
to  him,  that  is,  to  his  ministers,  to  be  most  conducive  to 
harmony :     He  had  no  doubt  of  his  majesty's  gracious 
intention ;  yet  as  the  same  men  had  openly  declared  in 
this  house,  that '  to  make  peace  with  America  you  must  ^ 
make  them  feel  the  calamities  of  the  war,'  it  was  not  can  pieni- 
unnatural  to  think  that  they  would  still  advise  vigor-  fj^g'^at'^' 
ous  measures  to  be  pursued ;  especially  as  they  chose  Paris. 


806  THE   GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  perm4Xent   union 

American  Dot  to  understand  what  the  true  intent  and  meaning 
ency'h"  "  ^^  ^^^^  words  offensive  vmr  conveyed:  He  had  himself 
Great        bccn  bred  up  in  the  military  line,  and  nothing  could 

Britain,  ^  it 

17-77-82     appear  more  clear  than  the  words  offensive  and  defen- 
sive.    The  prayer  of  the  address  was  to  put  an  instant 
House  of    end  to  the  American  war  as  a  basis  for  peace  ;  and  as 

commons,      ,  ,  ,        .       ^ 

March  4th,  there  were  persons  near  at  hand  properly  authorized  to 
i<82.         treat  for  the   same,  imdoubtedly  it  meant  to  negotiate 
with  them,  as  the  most  speedy  measure  that  could  be 
General      adopted.     Now  was  the  time  for  the  blow  to  be  struck, 
proposf-^   before  it  was  too  late  ;  and,  as  from  the  present  answer 
tion  for      his  majcsty's  ministers  might  screen  themselves  from 
America,    tlic  public  by  saying  they  took  such  measures  as  ap- 
2)eared  to  them  most  conducive  to  putting  an  end  to  the 
war ;  they  might  think  that  a  war  of  posts,  which  had 
been  so  variously  described,  was  the  most  proper  meas- 
ure :     That  the  keeping  the  posts  we  had  already  got, 
or  the  abandoning  them  and  choosing  new  ones,  was 
the  best :     Or  they  might  think  the  recruiting  the  army 
lost  under  Lord  Cornwallis  was  a    proper  measure : 
Yet,  in  his  oi^inion,  none  of  those  heads  were  left  to 
Must  com-  their  choice,  for  they  were  bound  to  put  an  immediate 
sation^oT'^  5^ojo  to  the  uKir,  and  those  who  advised  his  majesty  to 
the  war.     the  contrary,  were  highly  criminal,  and  ought  to  be 
brought  to  justice.     He  would  therefore  move  a  reso- 
lution, which  would  make  the  sense  of  this  house  so 
clear  and  manifest,  that  his  majesty's  ministers  could 
not  possibly  mistake  it ;  and  by  which  the  house  and 
the  country  would  have  the  satisfaction  of  knowing 
that  this  mad  war  would  no  longer  be  pursued."     His 
motion  was 
Gen.  Con-       "  That,  after  the  solemn  declaration  of  the  opinion  of 
way  moves  ^^  •    jjg,^gg  \y^  their  humblc  address  presented  to  his 

a  resolu-  '  _      ^ 

tionagainst  majesty  Oil  Friday  last,  and  his  majesty's  assurance  of 

JJosexu!""'  liis  gracious  intention,  'in  pursuance  of  their  advice,  to 

tion  of  the  ^r^]^Q  g^^ch  measures  as  shall  appear  to  his  majesty  to  be 

most  conducive  to  the  restoration  of  harmony  between 

Great  Britain  and  the  revolted  colonies,  so  essential  to 


THE   UNITED   STATES  OF  AMERICA.  807 

UNDER   THE    CONFEDKRATION.  PaRT    IV. 

the  prosperity  of  both,'  this  House  will  consider  as  e«e- American 
mies  to  his  majesty  and  this  country ^  all  those  who  shall  ^''^^^pend- 
eiideavor  to   frustrate  his  majesty's  paternal  care  forOreat 
the  ease  and  happiness  of  his  people,  by  advising,  or  ^/l^-^lglj, 
by  any  means  attempting,  the  further  prosecution  of 
offensive  war  on  the  continent  of  North  America,  for  House  of 
the  purpose  of  reducing  the  revolted  colonies  to  obedi- j^j^^J^^^"^ 
ence  by  force."  i''82. 

Lord  Althorpe  seconded  the  motion,  saying,  "  he  coin-  Lord  Al- 
cided  entirely  with  the  right  honorable  general,  thatg^^^^^g 
this  was  wanting  to  finish  and  complete  the  business  themotion. 
of  the  week  before ;  and  this,  no  doubt,  would  give 
complete  satisfaction  to  every  man.     He  declared,  that 
one  great  inducement  to  him  to  second  this-  motion 
was,  because  he  felt  in  his  own  mind  a  want  of  confi-Haanocon- 
dence  in  the  present  administration,  which  their  con-jj^jj^?*^^^"^ 
tinned  series  of  ill-successes    was  alone    sufficient  to 
justify.    He  thought  therefore  the  house  could  not  be 
too  cautious  in  having  their  sense  and  wishes  as  ex- 
plicitly declared  as  possible.     The  line  of  conduct  this 
motion  (superadded  to  that  of  Wednesday,  Feb.  27th,) 
would  most  plainly  chalk  out,  he    flattered   himself, 
would  lead  to  peace  with  America ;  and  by  putting  an 
end  to  that  fatal  war,  which  had  caused  all  our  calam- 
ities, he  trusted  an  end  would  also  be  put  to  the  present 
administration. 

Lord  North  said,  "he  did  not  rise  to  give  any  opposi-l^ord North 
tion  to  the  motion,  but  he  would  observe,  at  the  same  motion  un- 
time,  that  he  could  not  by  any  means  agree  with  those  °^*^^^*''y' 
who  thought  it  necessary :   In  his  opinion  it  had  for  its 
object  only  to  strengthen  what  was  sufficiently  strong 
already.     He  declared  that  although  a  majority  of  the 
house  was,  in  parliamentary  language,  the  house  itself, 
it  could  never  make  him  change  a  single  opinion :  Yet 
he  bowed  to  that  opinion  which  was  sanctioned  by  the 
majority.     Though  he  might  not  be  a  convert  to  such 
opinion,  still  he  held  it  to  be  his  indispensable  duty  to 
obey  it,  and  never  ouce  to  lose  sight  of  it,  in  the  ad- 


808  THE   GOVERNMENTAL   HISTORY    OF 


Part  IV.  the  permanent  union 


American  vicc  which,  as  a  servant  of  the  crown,  he  should  have 
indepeud-  Qccasion  to  ffive  his  sovereign.     It  was   the  ri^ht  of 

ency  m  . 

Great  that  house  to  command ;  it  was  the  duty  of  a  minister 
1777-82.  to  obey  its  resolutions.  Parliament  had  already  ex- 
pressed its  desire,  or  its  orders,  and  as  it  was  scarcely 
House  of  possible  that  a  minister  should  be  found  hardy,  daring, 
Commons,  ji^famous  cnouffli,  to  advise  his  sovereign  to  differ  in 

March  4th,  .  . 

1782.         opinion  from  his  parliament,  so  he  could  not  think  that 
the  present  motion,  which  must  suppose  the  existence 
of  such  a  minister,  could  be  at  all  necessary. 
Mr.  Fox  on     Mr.  Fox  rose,  he  said,  "to  speak  but  a  few  words  on 
Gen.  Con-  ^|^^  motioii,  for  as  the  noble  lord  in  the  blue  ribband 
lution  lor    (^Lord  Nortli)  had  said  that  he  should  not  oppose  it, 
America!    there  was  no  occasion  for  him  to  enter  into  any  detail 
of  argument  in  defence  of  the  proposition.     He  was 
one  of  those  who  were  completely  and  totally  dissatis- 
fied with  the  answer  of  the  crown  to  the  address  of 
this  house.     When  he  spoke  in  this  manner,  he  would 
be  understood  to  mean,  that  he  was  dissatisfied  with 
the  answer  which  his  majesty's  ministers  had  advised 
Thinks  the  his  majesty  to  give.     It  was  the  answer  of  the  minis- 
thHrown  tcrs,  and  among  others,  of  that  minister,  who  had,  on 
a  device  of  tl^is  dav,  been  heard  to  declare,  that  he  disapproved 

ministry- 

of  the  resolution  of  this  house  on  which  the  address 
was  founded.  They  had  put  an  answer  in  the  mouth 
of  his  majesty,  which  he  could  not  approve  of,  because 
it  was  not  an  answer  sufficiently  clear  and  specific. 
For  what  did  it  say  ?  That  his  majesty  would  be  gra- 
ciously pleased  to  put  an  end  to  the  offensive  war  car- 
ried on  in  America  for  the  purpose  of  reducing  the 
Americans  to  obedience  by  force  ?  No.  But  that  his 
majesty  would  take  such  measures  as  shall  appear  to 
him,  (that  is,  as  should  appear  to  his  ministers,)  condu- 
cive to  the  restoration  of  harmony.  Could  this  be 
satisfactory  ?  Parliament  had  pointed  out  the  specific 
swer^of  the  i^sans  by  which  to  accomplish  the  object,  viz.,  by  put- 
king  and  ting  an  immediate  stop  to  offensive  war.  But  his 
istry.         majesty's  ministers,  instead  of  declaring  in  their  an- 


THE  UNITED   STATES   OP  AMERICA.  809 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

swer  that  they  would  guide  themselves  by  this  advice,  American 
make  his  majesty  declare,  that  they  will  take  such  steps^^^^^^^^^' 
as  appear  to  them  conducive  to  the  object.     He  was  not  ^'leat 
ill  the  house  when  the  motion  for  an  address  of  thanks  i777_82. 
was  agreed  to,  as  he  understood,  unanimously :    If  he 
had  been,  notwithstandinjj  what  he  had  just  said,  he  House  of 
should  have  voted  for  it,  for  he  was  careful  to  distin-  MarchTth 
'  guish   between   the   obligation    that   was   due    to   his  ^'^82. 
majesty  personally,  for  the  grace  of  his  answer ;  (and 
he  sincerely  believed  that  his  majesty  was,  in  his  royal 
mind,  most  graciously  disposed  to  restore  the  blessings 
of  peace  to  his  unhappy  people,)  and  those  ministers 
who  wished  to  make  the  crown  follow  a  plan  of  con- 
duct  directly   opposite  to  the  advice  of  his  faithful 
Commons,   were   not  friends    to   their   country,   and 
should  be  deemed  criminal. 

"This  answer  of  the  ministry,"  Mr.  Fox  continued, Mr. Fox  on 
*' coupled  with  their  language  in  this  house,  was  per- [j^^^ ''f^ °^'^" 
fectly  intelligible.     For  here  they  had  declared,  and  P^ace  with 
particularly  the  minister  of  the  American  department, 
tlie  best  way  to  conclude  a  peace  with  America  was  '  to 
make  them  feel  the  calamities  of  war.'     This  expres- 
sion the  new  Secretary  of  State  (Mr.  Ellis')  had  made 
use  of  but  a  few  days  ago.     His  majesty,  he  sincerely 
believed,  wished  to  conclude  a  peace  with  America,  as 
his  faithful  Commons  had  advised  him ;  but  his  minis- 
ters undoubtedly  meant  no  such  thing,  for  their  lan- 
guage was  different." 

After  some  further  debate  on  other  matters  con-Resoiu- 
nccted  with  the  war  generally,  the  motion  was  put  in  *'^°  P"* 
its  original  form,  and  agreed  to  without  a  division.        tied. 


On  the  fifth  of  March,  the  order  of  the  day  being  to  Mr.  Wal- 
consider  of  the  Attorney   General's  (Mr.    Wallace' s')^?-'^'''^^^^^ 

.  .  ^  for  peace 

proposition  for  bringing  in  "^A  bill  to  enable  his  maj- withAmer- 
esty  to  make  peace,  or  a  truce,  with  America,"  thCg^^'J;  ^^l^ 
House  being  in  committee  of  the  wliole,  the  Attorney  ^^^     g^j 
General  rose  to  make  his  proposition.     "  Peace  with 


810  THE  GOVEENMENTAL    HISTOBY  OP 

Part  IV.  the  permanent  union 

American  America,"  he  said,  "was  the  great  object  of  his  in- 
ency'fa  '  tended  bill :  And  to  such  a  bill  he  trusted  no  opposi- 
Great  tiou  whatever  could  be  made  from  any  quarter  of  the 
1111-82.    house.     Peace  was  the   general  wish  of  this  house, 

and  of  the  nation  at  large  ;  and  he  hoped  that  if  una- 
Houseof  nimity  ever  marked  the  progress  through  parliament 
March  5tli  of  any  bill,  the  bill  which  he  should  have  the  honor  to 
1782.         propose  would  be  unanimously  supported.     This  bill 

was  calculated  to  remove  certain  bars  and  impediments 

which  stood  in  the  way  of  peace,  viz. : 
Mr.  Wal-        "  By  an  act,  commonly  called  the  Prohibitory  Act, 
for  peace   ^^  commcrcc  whatever  was  cut  off  between  the  Colo- 
withAmer-j^jgg  ^nd  Great  Britain,  until  the  former  should  be 

ICflp. 

declared  to  be  in  the  king's  peace ;  that  is  to  say,  com- 
pletely and  fully  restored  to  their  allegiance  to  and 
Proposes    dependence  on  this  country  ;  a  period  which,  he  feared, 
the  Proiiib- was  at  SO  rcmoto  a  distance  that  to  wait  for  it  before 
itorj  Act.  ^j^g  prohibitory  law  should  be  repealed,  would  be  both 
absurd  and  ridiculous.     The  only  way  now  left,  in  his 
opinion,  to  restore  the  connection  between  the   two 
countries,  would  be  to  open  our  ports  to  them,  without 
which  no  truce  or  peace  could  be  advantageous  to  this 
.  country.     But  the  prohibitory  act  was  not  the  only  one 
that  ought  to  be  repealed :  In  the  year  1774  the  con- 
gress had  complained  of  certain  other  acts,  to  which 
Also  all     his  intended  bill  should  have  a  reference  :  And  in  gen- 
acts  reia-    qyqI.  to  all  acts  relative  to  commerce  with  America, 

tivetocom-  '  ^        ,       tt-    t 

merce  with  from  the  twelfth  Charles  11.  down  to  the  date  of  the 
America.  pj.gggj^j;  troubles  :  By  the  twelfth  of  Charles  II.  every- 
thing that  was  destined  for  the  consumption  or  use  of 
English  America  could  by  law  be  shipped  only  in  Eng- 
land ;  and  the  whole  produce  of  the  colonies  could  not 
be  carried  elsewhere  than  to  England:  This  act  of 
course  would  be  repealed,  as  well  as  many  others, 
which  it  would  be  tedious  to  enumerate. 

"These,"  the  Attorney  General  further  remarked, 
"were  the  outlines  of  the  bill,  and  having  said  thus  much 
he  would  move,  that  the  chair  be  directed  to  move  in  the 


THE  UNITED   STATES   OP   AMERICA.  811 

UNDKR    THE    CONFEDERATION.  PaRT    IV. 

house,  for  leave  to  bring  in  a  bill  to  enable  his  majesty  American 
to  conclude  a  truce,  or  peace,  with  the  revolted  colonies  g^*JyP°° 
in  America."  Great 

After  a  brief  but  unimportant  debate,  the  committee  1777-82. 
agreed  to  the  motion  without  a  division,  and  adjourned. 


This  proposition  is  no  otherwise  important,  in  this  Mr.  Wal- 
connection,  than  as  it  developes  the  designs  of  the  min- p'^^'s'^e j  bm' 
istry  in  opposition  to  the  independency  of  America,  and  for  peace 
the  miserable  shuffling  policy  to  which  they  were  driven  America. 
in  their  desperate  determination  to  prevent  its  recog- 
nition.    Whatever  plan  for  a  peace  was  contemplated 
by  the  attorney  general  it  was  evident  that  it  did  not 
include    a   renunciation  of  the  sovereignty  of   Great 
Britain  over  America.     Mr.  Fox  gave  to  it  all  the'  con-  Mr.  Fox'a 
sidtsration  and  all  the  weight  it  merited,  when,  imme- '"^^^  "^._*^® 
diately  after  the  proposition  was  submitted,  he  rose  and  tion. 
"  assured  the  committee  that  nothing  but  the  personal 
respect  he  bore  the  learned  gentleman,  had  prevented 
him  from  treating  the  proposition  before  them  just  as 
it  deserved  to  be  treated ;  and  that  was,  to  burst  out 
a-laughing^  when  he  heard  it,  and  then  walk  out  of  the  . 
house;  for  nothing,"  said  he,  "could  be  so  ridiculous 
and  farcical  as  to  hear  such  a  proposition  from  that  side 
of  the  house." 

But  the  crisis  had  now  arrived  when  the  sickened  The  crisis 
heart  of  the  nation  could  no  longer  endure  the  calami-  people, 
ties  which  had  so  long  oppressed  the  kingdom,  and  so 
seriously  threatened  the  utter  overthrow  of  the  empire 
of  Great  Britain.     Deliverance,  relief,  peace,  at  what- 
ever hazard,  at  whatever  sacrifice,  was  now  the  univer- 
sal cry  which  came  up  from  an  oppressed  and  overbur- Popular 
dened  constituency,  and  fell  on  the  ears  of  parliament  ^^^  ^^^ 
in  tones  which  could  not  be  mistaken  or  disregarded. 
In  the  language  of  Mr.  C.  Turner  of  the  House  of  Com- 
mons, "  the  people  had  now  joined  parliament,  and  were 
determined  to  be  no  longer  the  slaves  of  administra- 
tion."    The  king  himself  was  disturbed,  and  earnestly 


812  THE  GOVERNMENTAL   HISTORY  OP 

Part  IV.  the  permanent  union 

American  anxioiis  to  givG  securitj  to  his  crown,  by  restoring  tran- 
independ-  q^i|ii|;y  ai^(j  prosperity  to  his  kingdom. 
Great  Henceforth  the  question  became  not  so  much  one  of 

1777-82.    peace  with  America,  as  one  of  the  further  continuance 
in  power  of  the  present   confidential  advisers  of  the 
Common^s  crown,    although    the    one    necessarily   involved    the 
March  8th,  other.     The  war  itself  was  reduced  to  this  single  issue, 

1782 

and  the  real  seat  of  it  was  now  in  parliament.     On  the 

result,  the  prolongation  of  the  bloody  and  cruel  con- 

end^h^s^^'  ^^^^  ^^'  *^^®  establishment  of  peace,  the  further  fate  of 

resolutions  both  England   and  America  seemed  now  to  depend. 

of  CGHSlirC 

on  the  The  battle  was  commenced  on  the  eighth  day  of  March, 
ministry.  ^782,  by  a  motion  of  censure  on  his  majesty's  ministers, 
introduced  by  Lord  John  Cavendish,  and  based  upon 
the  following  resolutions : 
Cost  of  the  ^''Resolved,  That  it  appears  to  this  house,  that  since 
^'^''-  the  year  1775,  upwards  of  one  hundred  millions  of 

money  have  been  expended  on  the  army  and  navy  in  a 
fruitless  war." 
Its  results       ^^ Resolved,  That  it  appears  to  this  house,  that  dur- 
Briteir*^    ing  the  above  period  we  have  lost  thirteen  Colonies  of 
•  America,  which  anciently  belonged  to  the  crown  of  Great 
Britain,  (except  the  posts  of  New  York,  Charles-Town 
and  Savannah),  the  newly  acquired  colony  of  Florida, 
many  of    our  valuable  West  India,  and  other  Islands  ; 
and  those  few  that  remain  are  in  the  most  imminent 
danger." 
Present  ^^Resolved,  That  it  appears  to  this  house,  that  Great 

th^^'^'n-^    Britain  is  at  present  engaged  in  an  expensive  war  with 
test.  France,  Spain,  and  Holland,  without  a  single  ally." 

The  minis-     ^^Resolved,  That  it  appears  to  this  house,  the  chief 
try  at  fault,  cause  of  all  these  misfortunes  is  owing  to  want  of  fore- 
sight and  ability  in  his  majesty's  ministers." 

The  three  first  of  these  resolutions  contained  a  sim- 
ple statement  of  facts,  which  in  the  course  of  a  length- 
ened, heated,  fierce,  and  even  clamorous  debate,  were 
Iimv's        ^^^  denied  on  the  part  of  the  administration.     Even 
opinion.     Lord  Howe,  who  had  served  under  administration  in 


THE   UNITED   STATES   OP   AMERICA.  813 


UNDER  THE    CONFEDERATION.  PaRT    IV. 

America,  declared,  "  that  the  first  three  propositions  American 
were  so  evident  and  clear  to  any  man,  that  he  was  cer- '"*^':?f "*^' 

•I  '  L'licy  111 

tain  no   person  could   vote   against   them.     But,"  he  <""'f'it 
continued,  "  as  ministers  might  say,  the  want  of  sue- 1777-82. 
cess  was  owing,  in  a  great  measure,  to  his  majesty's 
officers,  he   could   not,  out  of  delicacy,  vote  for  the  (jo,"^^o°ys 
fourth  proposition,  though  that  to  him  was  perfectly  March  8th, 
clear  with  the  rest.     He  was  determined,  in  his  own 
mind,  that  want  of  foresight  and  ability  in  his  majesty's 
ministers   were   the    chief  causes  of  all  their  misfor- 
tunes," 

All  the  force  of  administration  was  rallied  and  pres-  Vote  on 
ent  in  the  house  when  these  resolutions  were  submitted,  JjJ'j^g'^^^j^f^  "' 
while  many  of  the  opposition  were  absent,  and  a  num- censure, 
ber  of  the  members  were  in  the  same  position  with 
hord  Hoive,  in  relation  to  the  ministry.     At  two  o'clock 
in  the  morning,  amidst  a  great  clamor  for  the  question, 
the  house  divided  on  the  motion,  and  the  vote  stood, 
ayes^  216  ;  noes,  226  ;  majority  in  favor  of  administra- 
tion, 10.     The  resolutions  were  lost. 

The  discussion  was  renewed  again  on  the  fifteenth  Sir  John 
of  March,  on  a  motion  made  by    Sir  John  Rous,  for^j^^^  "^ 
withdrawing  the  confidence  of  parliament  from  his  maj- against  the 
esty's  ministers,  which  he  based  on  a  resolution  which    ^^^  ^^' 
he  offered,  as  follows  : 

^^ Resolved,  That  this  house — taking  into  considera- Burdens 
tion  the  great  sums  voted,  and  debts  incurred,  for  the  of  GreaT^ 
service  of  the  army,  navy,  and  ordnance,  in  this  unfor- ^"tain. 
tunate  war,  to  the  amount  of  upwards  of  one  hundred 
millions ;  and  finding  that  the  nation  has,  notwithstand- 
ing these  extraordinary  exertions,  lost  thirteen  ancient 
Colonies  belonging  to  the  crown  of  Great  Britain,  the 
new-acquired  province  of  "West  Florida,  the  Islands  of 
Dominica,  St.  Vincent,  Grenada,  Tobago  and  Minorca, 
besides  several  valuable  commercial  fleets  of  the  utmost 
importance  to  the  wealth  of  this  country ;  and  that  we 
are  still  involved  in  war  with  three  powerful  nations  in 
Europe,  ivithout  one  single  ally — can  have  no  further 


814  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  permanent  union 


American  Confidence  in  the  ministers  who  have  the  direction  of 
independ-       i^jj^,  affairs." 

ency  in        ^ 

Great  His  lordship  prefaced  his  motion  by  declaring,  that 

17^77^^82     "  ^^  ^^^  ^^^^  descended  from  a  tory  family,  and  had  been 

bred   up   in   tory  principles,  this  circumstance   alone 

c°mm  ^ns  "^0^^^^  scrccn  him,  he  hoped,  from  any  imputation  of 

March       being  devoted  to  a  party  adverse  in  general  to  admin- 

'       ■  istration.     From  the  first  dawn  of  the  American  war, 

he  had  felt  the  injustice  and  impolicy  of  it ;  and  he 

came  into  the  house  its  declared  enemy  on  principle  ; 

Sir  John    jj^t  at  the  samo  time  that  he  was  an  enemy  to  the  war, 

tion  he  had  come  into  parliament  highly  prepossessed  in  favor 

against  the  ^f  ^|^q  ^^^^g  ^^^.^i  jj^  ^hc  bluc  ribband  (North')  ;  and  he 

ministry.  ^  ^  ' 

had  felt  such  a  respect  for  his  character  that  he  would 
have  gone  great  lengths  to  support  him.  But  when  he 
found  that  the  noble  lord  persevered  blindly  to  pursue 
measures,  which  had  already  reduced  the  country  from 
the  injus-  a  stato  of  glory  and  prosperity  to  calamity  and  disgrace, 
tice  and     Y\Q  should  dccm  liimsclf  an  enemy  to  his  country,  if  he 

impohcy  *'  •' 

of  the  war.  did  not  cxcrt  every  faculty  to  remove  him,  because  in 
his  continuance  in  office  he  could  see  nothing  but  ruin 
to  the  country  ;  by  his  removal,  that  ruin,  perhaps, 
might  be  prevented.  The  weight  of  public  calamity 
was  felt  everywhere ;  and  he  wished  to  know  if  there 
was  a  single  independent  member  in  the  house,  who 
could  lay  his  hand  upon  his  heart  and  say,  that  he  did 
not  believe  the  noble  lord  in  the  blue  ribband  (^Nortli) 
•to  be  the  author  of  the  calamity ;  the  author  of  the 
American  war,  and  of  the  long  train  of  evils  that  had 
already  attended  it?" 
Lord  G.  H.  Lord  George  Henry  Cavendish  seconded  the  motion, 
Cavendish  gayino-,  "  he  did  it  from  no  other  motive  whatever  than 

SGconds  ^ 

the  mo-  that  of  doing  his  duty  to  his  country ;  without  any  am- 
*'**"•  bition  to  urge  him,  or  resentment  to  gratify.  His  only 
object  was  to  contribute  everything  in  his  power  to 
save  a  sinking  state.  He  had  no  intercourse  with  min- 
isters ;  he  was  very  little  acquainted  with  them  ;  and 
therefore  the   step  he   now  took,  could  not  be  for  the 


THE   UNITED    STATES   OF   AMERICA.  815 

UNDER    THE    CONFKDKRATION.  PaRT    IV. 

purpose  of  distressing  men  who  had  never  injured  him.  American 
The  situation  of  the  country  was  such  that  he  feared  '"'^''Pp"^- 
its  aftairs  could  scarcely  be  retrieved  by  any  set  of  men  (^rcat 
in  the  kingdom;  but  if  they  could,  it  must  be  by  tak-i^^^lglj, 
ing  them  out  of  the  hands  of  those  ministers  who,  in  House  of 
his   opinion,   were    the    authors   of    all   our   present 9°'"'"°"3» 

.  March, 

calamities.  i6th,  i782. 

Mr.  George  Onshw,  on  the  part  of  administration  Mr.  George 
said,  "he  agreed  with  the  other  side  of  the  house  that  j"fp|^^, 
the  American  war  was  the  source,  origin,  and  cause,  adminis- 
of  all  their  present   misfortunes.     But   he  contended 
that  there  were  some  facts  relating  to  it  antecedent  to 
the  administration  of  the  noble  lord  in  the  blue  ribband 
(^Lord  North,')  for  which  he  was  not  responsible.  ,  The 
first  thing  that  occurred  to  him  was  the  Stamp  Act.  Refers 
lie  thanked  God  he  never  gave  a  vote  for  that  act;  for'^'l*'!*'"^'*'' 

.  1st,  to  the 

he  believed,  in  his  conscience,  and  upon  his  honor,  that  Stamp  Act. 
it  was  the  source  of  all  our  public  calamities.     The 
Americans  rose  up  against  it  as  one  man,  and  would 
have  plunged  into  a  war  if  it  had  not  been  repealed; 
but  wliat  followed  the  repeal  ?     The  next,  a  Declara-  2d,  To  the 
tory  Act,  which  gave  as  much  offence  to  the  Americans  l*eclarato- 

,  °  ,  .         .  ry  Act. 

as  the  stamp  act,  for  it  maintained  and  asserted  that 
right  of  sovereignty  which  the  stamp  act  was  calculated 
to  enforce.  Of  this  Declaratory  Act  the  congress  in 
their  manifesto  had  spoken  in  the  most  severe  terms, 
and  complained  of  as  the  greatest  grievance. 

"The  nation  at  large  upheld  the  idea  of  sovereignty  Sovereign- 
over  America.  All  that  was  great  in  England  had  sancti-  America, 
fied  the  idea  with  their  suffrage  and  authority:  Nay, 
even  the  great  Lord  Chatham  himself,  had  declared,  in 
full  parliament,  that  if  America  should  manufacture  a 
stocking,  or  so  much  as  forge  a  hob-nail,  he  would  make 
her  feel  the  whole  weight  of  the  power  of  this  country. 
Tlie  principle  of  the  war  therefore  had  been  held  by 
3Ir.  Grenville  in  his  Stamp  Act;  by  the  Marquis  of 
Rockingham  in  his  repeal  of  it;  and  by  the  great  Earl 


816  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  permanent  union 

American  of  Chatham  liimself,  in  his  speech  upon  the  Declaratory 

independ-     .     ,  „ 
ency  iu        -^'-'i" 

Great  jf;-.  Jq]iyi  TowYishend  said,  "  that  gentlemen  by  assent- 

iViY-sk  ing  to  the  present  motion,  would  do  an  essential  benefit, 
House  of  not  only  to  their  country,  but  to  their  king.  The  con- 
Mar  h°"^'  sequence  would  be  the  removal  of  those  ministers  who 
15th,  i'782.  have  reduced  this  country  from  the  highest  pinnacle  of 
Sir  John  glory,  to  the  meanest  and  most  contemptible  situation 
motion  that  Can  be  well  imagined :  At  a  time  when  we  should 
against  the  expect  ministers  addressing  this  house  to  be  filled  with 

ministry.  ^  .  .         ^         ,        ,.  ,        . 

penitence  and  contrition  for  the  disgrace  and  misery 
they  have,  through  ignorance  and  incapacity,  brought 
upon  this  country;  we  find  them  still  persevering  in 
that  obstinacy  and  those  principles,  which  have  been 
Towns-^'^    already  so  destructive  to  the  nation,  and  which  have 
hend  advo-  aliiiost  annihilated  us  as  a  people.     Can  any  gentleman, 
motion,      from  liis  conscience,  believe  that  the  present  administra- 
tion can  be  any  longer  confided  in,  who  have  so  con- 
stantly and  uniformly  deceived  this  house?     We  need 
only  look  into  his  majesty's  answer  to  the  address  of 
this  house,  dictated  by  his  ministers,  and  we  there  see 
the  same  evasion  and  duplicity  which  have  character- 
The  king's  J2;ed  the  coiiduct  of  administration  in  this  house.    There 

answer  to  .  •  /.     i  j»     i 

the  ad-  IS  nothing  explicit  or  expressive  oi  the  sense  ot  the 
^'^^^^'  nation  conveyed  in  the  answer  to  our  address  to  the 
throne  We  are  left  as  much  in  the  dark  with  respect 
to  the  real  intentions  of  the  crown,  as  if  we  never  had 
received  any  answer.  He  hoped  gentlemen  would,  to- 
night, show  how  sensibly  they  felt  the  many  calamities 
and  misfortunes  which  had  befallen  this  devoted  coun- 
try;  and  that  they  would  rescue  it,  if  possible,  from  the 
brink  of  ruin,  to  which  it  was  now  verging  with  hasty 
strides,  by  removing  the  cause  from  whence  all  our  evils 
had  sprung." 
Lord  The  debate  was  continued  by  Lord  North,  who  rose 

others '^^'^  with  considerable  emotion,  and  evidently  under  great 
embarrassment,  to  repel  the  imputations  so  lavislily 
bestowed  upon  him.     He  was  ably  answered  and  se- 


THE    UNITED    STATES    OF    AMERICA.  817 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

verely  dealt  with,  by  Mr.  Fooc.^  who  was  followed  by  American 
Sir  John  Cavendish,  and  Mr.  William  Pitt,  in  favor  of  j'J.t^fn^' 
the  motion;  and  the  Lord  Advocate  of  Scotland,  and^i'pat 
Mr.  Secretary  Ellis  and  others,  against  it:     After  which  1777-82. 
the  house  divided  on  the  question — ayes  227,  nays  236 ;  iiousc  of 
majority  against  it  9.  Marcr"'' 

When  the  ministry  were  in  the  lobby,  Mr.  Fox  said,  20th,  i782. 
"that  upon  consulting  with  the  gentlemen  near  him,i>i;t>ate  on. 
it  Avas  thought  right  that  a  motion  to  the  same  effect  ai  of  the 
should  be  proposed  on  Wednesday  next."  mmistry. 

Wednesday,  March  20th.      The    house    was    to-day 
more  crowded  with  members  than  it  had  been  since  the 
beginning  of  the  session,  or  during  the  existing  reign ; 
and  the  crowds  of  spectators  were  in  proportion  greater 
than  usual.     At  a  quarter  after  four  o'clock,  when  the 
house  was  ready  to  enter  upon  the  great  business  of 
the  day,  and  the  speaker  had  called  to  gentlemen  to 
take  their  places.  Lord  Surrey,  the  member  who  was  to 
have  made  the  motion,  as  suggested  by  Mr.  Fox,  stood 
up ;  just  at  the  same  moment  Lord  North  got  up.     Each  Lord  Sur- 
noble  lord  seemed  determined  not  to  give  way  to  the  Lcfrd"^^ 
other:     This  created  a  great  deal  of  confusion,  one  side  North 
of  the  house  crying  out  loudly  for  Lord  Surrey  to  speak  tii^  ^qqj.^ 
first;   the  other  side  as  loudly  crying  out  for   Lord 
North :     At  last, 

3L\  Baker  rose  to  speak  to  a  point  of  order.     "  He  Mr.  Baker 
thought  it  indecent  in  the  noble  lord  in  the  blue  rib-pojntof 
band  (^Lord  NorUi)  to  rise  at  a  time  when  he  kncAv  the  *^^^^'"- 
noble  Earl  had  a  motion  of  the  greatest  importance  to 
submit  to  the  house." 

Lord  North  said,  "  that  it  was  not  through  disrespect  Lord 
for  the  noble  lord  that  he  had  risen ;  but  merely  to  save  explains. 
him  the  trouble  of  making,  and  the  house  that  of  dis- 
cussing, a  question,  which,  at  present,  he  might  say, 
was  wholly  unnecessary." 

Mr.  Baker  again  called  the  noble  lord  to  order,  say-  Mr.  Baker 
ing,  "that  he  had  no  right  to  know  of  what  nature  orxorthto 
complexion  the  motion  was,  or  would   be,  wliich  his  o'"*^*^""* 
62 


818  THE   GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  permanent  union 

American  iioblc  friend  had  not  yet  made;  and  that  therefore  it 
ency'in  ^^^^  liig^^lj  unparliamentary  in  the  noble  lord  to  say 
Great        that  it  was  become  totally  unnecessary." 

Britain,  jTtT7--ii//i  •  t         ti. 

1777-82.        Lord  JSortli  insisted,  "  tliat  it  was  not  disorderly  in 
House  of    him  to  suppose  he  knew,  or  to  say  he  knew,  what  was 
ii^reh""^'  ^^^^  substance  of  the  motion  which  the  nol)lc  lord  was 
20th,  1782.  then  going  to  make ;  for  it  had  been  publicly  announced 
Debate  on  to  the  housc  some  days  ago,  by  an  honorable  member, 
ai  of  the     (Mr.  Fox,)  that  a  motion  would  be  made  on  this  day, 
ministry,    gjj^iiaj.  to  that  wliicli  had  been  rejected  on  Friday  last: 
And,  therefore,  having  all   the  information  which  he 
could  derive  from  such  a  notice,  it  was  perfectly  com- 
*  potent  for  him  to  rise,  if  he  pleased,  to  move  to  adjourn, 
in  order  to  prevent  the  discussion  of  a  question  which 
he  no  longer  thought  necessary.     His  reason  for  think- 
Lord         ^"g  it  ^^^  *^^  longer  necessary,  was,  that  as  the  object 
North  an-  of  the  iiiotioii  was  to  rcmove  his  majesty's  ministers, 
change  in  he  could  take  upon  him  to  say  that  his  majesty's  minis- 
the  minis-  ^^^.^  icere  no  more;  and  therefore  the  object  being  al- 
ready attained,  the  means   by  which   gentlemen   had 
intended  to  ol)tain  it,  could  no  longer  be  necessary." 
Excite-  The  other  side  of  the  house  now  called  out,  '■-Lord 

ment  and   Siirrey!  Lord  Surrey!''''  accompanying  it  with  the  words. 
Lord         " no  adjournment !  no  adjournment!"  when  Mr.  Hop- 
hurrey.       j,^^^  obtained  a  hearing,  and  said,  "  though  he  was  ready 
to  admit  the  noble  lord  in  the  blue  ribband  (^Lord 
Mr.  Hop-    North^  had  not  been  out  of  order  before,  he  had  been 
kins.         most  thoroughly  out  of  order  in  what  he  had  now  said. 
The  noble  lord  had  no  right  to  presume  what  was  the 
tendency  of  any  motion  intended  to  be  made,  before  it 
was  made :     Every  syllable,  therefore,  that  he  had  said 
relative  to  the  motion  to  be  expected  from  the  noble 
lord  near  him,  was  clearly  out  of  order." 
The  House      A  clamor  now  prevailed  in  consequence  of  an  infinite 
clamorous  number  of  members,  on  both  sides  of  the  house,  rising 
to  speak  at  once,  but  Mr.  Pitt  obtained  the  preference, 
after  Lord  North  had  said,  "I  did  not  put  a  question  of 
adjournment,  I  merely  informed  the  house  what  I  meant 


THE   UNITED    STATES   OP  AMERICA.  819 

ITNDKR    THE    CONFEDERATION.  PaRT    IV. 

to  have  done  had  I  been  heard  when  I  first  rose;"  to  American 
which  Sir  Fletcher  Norton,  in  the  chair,  assented.  onc^^n*^" 

Mr.  William  Pitt  then  said,  "  he  was  sorry  to  see  that  '''^'^'^\ 
the  noble  lord  in  the  blue  ribband  had  attempted  to  1777-82. 
excite  the  attention  of  the  house,  before  a  matter  of  House  of 
such  universal  expectation  as  the  motion,  which  it  was  jj*?^™'j|°"^' 
known  for  some  days  past  would  be  made  by  the  noble  i^oth,  1782. 
lord  near  him,  was  heard ;  and  more  so  that  this  had 
given  rise  to  so  much  heat,  eagerness,  and  disorder. 
He  should  have  conceived  the  regular  mode  for  the 
noble  lord  in  the  blue  ribband  to  have  proceeded,  would  ,¥''■  ^j'" 

^  '  ham  Pitt 

have  been  to  have  waited  till  the  other  noble  lord  had  obtains  the 
made  his  motion,  and  then,  if  he  had  thought  it  right  °°'^' 
or  proper,  to  have  moved  his  question  of  adjournment, 
and  upon  that  to  state  in  his  speech  his  reasons  for 
urging  such  adjournment.  By  so  doing,  the  house 
would  have  seen  their  way  clearly  and  distinctly,  and 
would  have  been  able  to  have  formed  a  judgment  fitted 
to  the  occasion,  without  showing  any  of  that  heat  and 
eagerness,  which  was  in  no  case  proper,  but  least  of  all 
in  a  moment  like  the  present." 

Mr.  Fox  finding  that  the  house  was  in  very  great  Mr.  Fox 
confusion,  thought  that  the  best  way  to  produce  order  cong^^^eQ  ^ 
was,  by  moving  that  Lord  Surrey  be  heard  to  make  his  in  Lord 
motion  :     "  He  thought  this  the  more  necessary,  as  the  sertion. 
house  could  not  place  any  confidence  in  the  word  of 
the  minister ;  and  therefore  ought  not  to  believe,  upon 
that  word,  that  the  king's  ministers  were  no  more. 
The  house  ought  to  take  care,  and  it  had  it  in  its  power 
efi'ectually  to  take  care,  that  the  ministers  should  be  no 
more :     A  vote  of  that  house  would  suffice,  and  while 
thcv  had  it  in  their  power  to  pass  such  a  vote,  thcv*'^'^'^^*^^* 

"1  ,         ,    i  -^    -^  TT  11.,  ,.  ,  Lord  Sur- 

ought  not  to  omit  it :      He  would  therefore  conclude  rcy  be 

with  moving,  that  the  Earl  of  Surrey  do  now  speak.^'     ^^^'^'''^' 

This  motion  being  read  from  the  chair.  Lord  JNorth  i^o^d 

at  once  sprung  to  his  feet,  and  said,  "  I  have  now  a  Si'the 

right  to  speak  to  the  question  : "     And  after  a  few  *!°°^'  ^" 

■,  ^  "I's  mo- 

prefatory  remarks  in  reply  to  Mr.    William  Pitt,  he  tion. 


820  THE   GOVERNMENTAL    HISTORY   OP 


Part  IV.  the  permanent  union 

American  wGiit  Oil  to  say,  "  the  liouse  will  remember  that  in  the 
indepond-  (jgij^tes  which  had  taken  place  repeatedly  within  these 
Great  walls,  in  the  course  of  the  past  three  weeks,  it  had 
i7"'7-8'2.  been  again  and  again  declared  that  the  country  was  in 
House  of  a  state  of  distraction  and  confusion  :  That  there  was 
MarcT"^'  1^0  administration,  that  everything  was  at  a  stand, 
2otli,  1782.  ai^(j  that  he  was  the  obstacle  to  good  government  and 
Debate  on  „qq^^  order  being  restored.     He  had  come  down  this 

lUG  rcnio\-  o  *-' 

alof  the     clay,  therefore,  to   assure  the  house  that  he  was  no 
inib  ty.    i^^^^^  ^j^^  obstacle  he  had  been  described  to  be.     He 
would  not  mention  names,  but  he  could  with  authority 
assure  the  house  that  he  was  no  longer  the  obstacle  he 
had  been  described  to  be.      He  would  not  mention 
Lord         names,  but  he  could  with  authority  assure  the  house, 
North  re-   ^hat  liis  majesty  had  come  to  a  full  determination  to 
ministry  at  change  his  ministers.     This  intelligence  he  had  con- 
an  end.      ceivcd  would  have  been  sufficient  to  have  induced  the 
house  to  be  of  opinion,  that  it  would  be  altogether  un- 
necessary to  debate  a  question  which  had  for  its  object 
a  removal  already  effected  ;  and  with  that  view  it  was 
that  he  had  offered  himself  so  early  to  the  notice  of  the 
chair.     He  could  pledge  himself  to  that  house  that  his 
majesty^s  ministry  was  at  an  end.     The  crown  had  re- 
solved to  choose  new  ministers ;  and  he  hoped  to  God, 
whoever  those  ministers  were,  they  would  take  such 
measures  as  should  tend  effectually  to  extricate  the 
country  from  its  present  difficulties ;  and  to  render  us 
happy  and  prosperous  at  home,  successful  and  secure 
abroad.     Having  said  thus  much,  his  lordship  declared 
that  unless  the  motion  of  the  noble  lord  Q&urrey}  was 
not  what  he  supposed  it  to  be,  that  it  did  not  go  to  any 
new  point,  nor  aim  at  more  than  the  bare  removal  of 
ministers,  he  saw  no  reason  for  putting  it  then." 

After  thanking  the  house  in  a  very  handsome  and 
feeling  manner  "for  their  partiality  to  him  on  all, 
and — he  would  use  the  phrase — for  their  forbearance 
on  many  occasions,  and  their  general  support  of  him 
during  the  previous  years  of  his  administration ;  and 


THE   UNITED    STATES   OF   AMERICA.  821 

UNDER   THE    CONFEDERATION.  *    PaRT    IV- 

assuriiiei;  the  house  that  he  would  on  no  account  avoid  American 

.,,,,,  .  ,  iiidepend- 

any  inquiry  that  miglit  be  thouglit  necessary  with  re- ency  ia 
gard  to  him,  he  conckided  by  moving  the  question  of  j!|.|^";-jj 
adjournment."  1777-82. 

3Ir.  Fox  said,  "  that  it  did  not  seem  to  be  a  matter  Jfo"««  ^^ 

'  Commons, 

of  any  great   importance  whether  the  motion  of  his  March  20, 

177  2 

noble  friend,  the  Earl  of  Surrey,  should  be  put,  or  they 
should  trust  to  the   solemn   declaration  made  by  the  Mr.  Fox  on 
noble  lord  {North.}     He  could  have  wished,  perhaps,  ^^^o/Xe^" 
that  the  motion  were  put  and  carried  ;  because  it  would  miuistry. 
then  manifestly  appear  to  the  nation  at  large,  that  the 
ministers  of  the  crown  did  not  retire  either  from  the  ca- 
price of  this  or  that  minister,  or  from  their  wishing  to 
go  out,  or  from  their  being  tired  of  their  situations,  or 
for  any  of  the  common  reasons  which  ordinarily  occa-  inclines  to 
sion  the  resignation  of  ministers ;  but  because  it  was  xorth's  as- 
the  sense  of  parliament  that  they  should  retire ;  be-  surance. 
cause  this  house  had  expressly  called  upon  the  crown 
for  their  dismission  ;  and  because  the  good  of  the  coun- 
try made  it  absolutely  necessary  !     These  were  the  rea- 
sons which  impelled  him  to  wish  the  motion  put  and 
carried.     On  the  other  hand  he  considered,  from  the 
recent  action  of  this  house,  the  great  end  of  carrying 
the  motion  of  his  noble  friend  was  already,  in  his  mind, 
and,  he  believed,  in  the  consideration  of  all  Europe, 
effectually  answered :     And  he  hoped  whoever  should 
be  called  upon  by  their  sovereign  to  form  the  new 
administration,  they  might  ever  hold  it  in  their  minds  Thinks  the 
that  his  majesty's  late  ministers  were  dismissed  because  [iie°iu*otion 
parliament  disapproved  of  the  system  of  their  govern-  gained. 
ment :     And  it  was  evident  from  parliament's  having 
gone  so  far  to  effect  a  removal  of  ministers,  that  it 
would  be  expected  tliat  their  successors  should  aot  upon 
different  principles,  and  in  a  manner  totally  opposite." 

Mr.   Fox  concluded  by  advising  his  noble  friend,  Ad%'ises 
(the  Earl  of  Surrey,')  not  to  make  his  intended  motion  i-cy  to  re- 
tliat  day,  (Wednesday,)  but  to  reserve  it  to  be  made  ^'^''\'' ^^^ 

•^  '   ^  •'  '^  motion, 

on  Monday,  in  case  th.e  noble  lord's  declaration  on 


822  THE   GOVERNMENTAL    HISTORY   OP 

Part  IV.  the  permanent  union 

American  Moiidav  sliould  fall  sliort  of  its  expected  completion. 

independ-  .it           i.                          •            iti 

ency  in  -tlc  also  agreed  to  Withdraw  his  own  motion,  that  Lord 

Great 
Britain, 


Surrey  be  now  heard. 


1777-S2.         Tlie  Earl  of  Surrey  said,  "  that  he  was  not  fully  con- 
House  of    YJiiced  that  his  motion  oui?ht  not  to  be  put.     On  the 

Commons,  °  ^ 

March  2o,  Contrary,  the  whole  weighed  in  his  mind  as  an  addi- 

'  "'         tional  argument  for  its  being  made  :     He  was  not,  how- 
Debate  on  „     -,     .  „  .         .  ,       , 
the  remov-  cver,  at  all  desirous  of  pressing  it  upon  the  house, 


miuistr  -     should  it  be  the  general  opinion  that  it  would  be  better 


al  of  the 

not  to  put  it.     What  had  fallen  from  his  honorable 
„.    p        friend,  who  had  just  sat  down,  certainly  weighed  a 
of  Surrey,  good  deal  Oil  liis  mind :     He  should  therefore  listen  to 
what  might  fall  from  gentlemen  of  all   parties,  and 
reserve  to  himself  a  right  to  put  his  motion  if  he  felt 
his  own  opinion  supported  by  that  of  the  house." 
Mr,  Kigby       Mr.  Pdgby  "  declai'cd,  for  his  part,  he  could  not  see 
motion  un- tliG  least  occasiou  for  such  a  motion  as  that  which  had 
necessary,  been  expected,  after  what  had  fallen  from  the  noble 
lord  in  the  blue  ribband.     He  had  no  idea  that  the 
noble  lord's  declaration  was  not  sincere,  and  that  every 
word  that  had  dropped  from  him  was  not  to  be  depend- 
ed upon.     Indeed  should  any  minister  venture  to  come 
down  to  this  house,  and  make  such  a  declaration  as 
that  which  the  house  had  heard  from  the  noble  lord  in 
He  con-     the  blue  ribband,  merely  for  the  purpose  of  deluding 
Lord"^      parliament,  he  knew  not  words  of  sufficient  import  to 
North's  as-  describe  the  infamy  of  that  sort  of  conduct :     He  was 
persuaded  the  noble  lord  had  no  fallacious  intentiou 
whatever ;  and  if  it  should  hereafter  turn  out  that  the 
smallest  deceit  was  at  the  bottom  of  what  had  passed 
this  day,  he  pledged  himself  to  the  noble  lord  behind 
him  (  Surrey,^  not  only  to  support  his  motion  next  Mon- 
day, or  whenever  he  should  be  pleased  to  make  it,  but 
further,  to  join  with  him  in  a  motion  of  censure  as 
strong  as  parliamentary  precedent  would  allow. 
Advised         "  With  regard  to  the  noble  lord  who  had  declared 
Nor?h  to    *^^^*  ^^  ^^'^^  ^'^^  longer  a  minister,  he  ever  had  enter- 
withdraw,  tained,  and  he  still  entertained,  the  highest  respect  for 


THE   UNITED    STATES   OF   AMERICA.  823 


UNDER    THE    CONFEDERATION.  PaRT    IV. 


him.     The  noble  lord,  in  his  mind,  was  perfectly  justi-  American 
fied  in  retiring,  after  such  a  division  as  that  of  Friday  '°*^epeud- 
last.     He  had  advised  him  to  retire ;     A  majority  of  Great 
nine  was  nothing;  and  it  appeared  to  him  that  there  lyy^ls-j. 
was  no  standing  against  so  respectable  a  minority  as 
two  hundred  and  twenty-seven  men  of  great  abilities  House  of 
and  high  character.     That  minority  growing  out  of  the  MarchTo' 
feelings  of  the  country,  in  consequence  of  the  distress-  ^''^^• 
es  of  the  war,  must  outweigh  any  minister,  let  him 
possess  abilities  even  greater  than  those  of  the  noble  Mr.  Rigby 
lord  in  the  blue  ribband.     Indeed,  such   a  minoritv,^'"^!^^  ^^'"^ 

.  .  •'  '  sentiment 

on  a  motion  for  withdrawing  confidence    from  min- against 
isters,  was  a  hint  too   broad  to  be  misconceived  or°""'^^^3 
trifled  with.     As  to  the  new  ministers,  be  they  whoering. 
they  might,  he  hoped  they  would  form  an  administra- 
tion on  a  bold,  solid,  sound  basis,  and  would  prove 
equal  to  the  task  of  extricating  the  country  from  its  Pledges 
present  diflSculties.     They  should  have  his  support  at  ^uppoJ-t  a^ 
least,  and  he  should  rejoice  most  heartily  to  find  their  new  minis- 
endeavors  to  save  their  country  prosperous."  ^^' 

Mr.  Poicis  said,  after  stating  the  question  before  the  Mr.  Powis 
house:  "Having  heard  the  declaration  of  the  noble  ^eferThe" 
lord  in  the  blue  ribband,  which  he  was  inclined  to™o'io°  for 
believe,  he  should  advise  his  noble  friend  (^Siirrei/^  to  of  the 
give  up  the  idea   of   making   the   motion   which   hei^nistry. 
intended,  for  the  present.     But  if  on  Monday  next  it 
did  not  appear  that  every  atom  of  the  present  adminis- 
tration, those  that  were  ministers  behind  the  curtain, 
as  well  as  the  ostensible  ministers,  the  invisible  as  well 
as  the  visible  agents  that  had  governed  the  country  so 
long,  and  precipitated  it  to  the  verge  of  ruin,  were 
removed,  then  he  should  wish  his  honorable  friend  to 
bring  forward  his  motion,  and  take  the  sense  of  the 
house  upon  it." 

After  further  debate  on  the  subject,  which  was  par- 
ticipated in  by  3Tr.  Fox,  Mr.  Burke,  Lord  North,  and  Lord  Sur- 
others,  Lord  Surrey  rose  and  said,  "that  his  private  ""'^-^ '■^', . 

.  '^  serves  hia 

opinion  was  that  his  motion  ought  still  to  be  put,  for  motion. 


824  THE   GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  permanent  union 

Amoricnn  all  that  had  been  said  by  the  noble  lord  was  no  argu- 
enty  hi' '  mcut  against  it ;  but  the  house  being  of  another  opin- 
Great  ion,  he  was  ready  to  submit:  But  he  must  now  say, 
1778-82.    ■tliat  as  a  right  honorable  gentleman  (Afr.  Rig  by}  had 

pledged  himself  to  support  him  on  Monday,  in  case 
House  of  any  deception  should  be  practiced,  he  gave  notice, 
March  20,'  that  sliould  that  appear  to  be  the  case,  and  any  part 
1782.  of  i]^Q  present  administration  remain,  he  would,  on 
Debate  on  Monday,  come  forward  with  a  motion,  not  the  same 
ai'o/ihe^'^^  he  intended  to  have  moved,  which  was  in  substance 
miuistry.    to  complaiii  of  administration,  and  to  resolve  on  an 

address  for  a  change,  but  a  very,  veri/  different  motion 

indeed!  " 

This  declaration  was  supported  by  cries  of  "Hear 

him  !  hear  him  ! "  from  every  side  of  the  house. 
SirR.  Sir  Robert   Smith  said,  "that  he  had  intended  to 

tended' to  sccond  the  motioii  which  was  to  have  come  before  the 
second  the  housc  this  day  ;  and  feeling  a  similar  resentment  if  he 

should  be  deceived,  he  would  certainly  second   any 

motion  which  spoke  the  anger  of  this  house." 
Mr.  c.  Mr.  Charles  Turner  rose  to  deliver  his  sentiments, 

Turner.      |^^^|.  ^^^^  clamor  was  so  great,  and  his  voice  being  weak, 

he  could  not  be  heard. 
Mr.  Fox  ]\Xr.  Fox  now  withdrew  his  motion,  "that  the  Earl 

his  motion,  of  Surrey  do  now  be  heard;"  and  Lord  North  witli- 
Lord  drew  his  first  question  of  adjournment,  and  moved  the 
withdraws  houso  to  adjoum  to  Monday  morning  next,  which  was 
his  ques-    immediately  complied  with,  and  the  house  rose  at  six 

o'clock.     Adjourned  to  Monday,  March  25th. 
Monday,         Monday,  March  25th,  1782.     The  house  was  very 
arch  25.  gj,gg^^.jy  crowded,  as  a  rumor  prevailed  that  at  twelve 

o'clock  the  negotiation   for  a  new  ministry  was  not 

concluded:  As  soon  as  the  private  business  was  over, 
Mr.  Dun-        Mr.  Dunning-  rose   and  said,  "it  was  with  peculiar 

ningan-  satisfaction  he  found  himself  enabled,  through  some 
nounces  a 

change  of   communication  he  had  had  this  day  with  a  most  rc- 
muustry.     pp(3g|-f^]j|Q  member  of  the  upper  house,  to  inform  gen- 
tlemen that  arrangements  were  now  making  for  form- 


THE   UNITED    STATES   OP   AMERICA.  825 

CNDKR    THE    CONKKDKRATION.  I'aRT    IV. 

iiig    a  new  administration,  which  he   trusted   would  American 
meet  the  wishes  of  the  house,  and  of  the  nation  at  |!,','J.''7ii^'^' 
large.     In  order,  .therefore,  to  give  time  for  the  final  ('"'^iit 
adjustment  of  those  arrangements,  he  would  move  an  1777-82. 
adjournment  of  the  house  till  Wednesday. 

Lord  Surrey  expressed  "  his  satisfaction  at  hearing  jjouse  of 
that  such  arrangements  were  likely  to  take  place  as  ^o'""'<^°'^. 
would  render  it  unnecessary   lor  him  to  trouble  the  1782. 
house  with  his  intended  motion.     He  cautioned  gen- Lord  Sur- 
tlemen,  however,  to  beware  of    thinking  that    their  "^^  ®^' 

'  '  "  presses 

work  was  complete:   A  new  administration,  he  said,satisiac- 
was  not  their  sole  object ;  it  was  desirable  only  inas- announce-*' 
much  as  it  would  contribute  to  save  the  state  :  But  the  '"'^"^• 
ship  was  not  yet  in  port,  and  he  was  afraid  that  the 
united  efforts  of  the  greatest  abilities  of  their  states- 
men, and  the  greatest  exertions  of  their  officers,  would 
be  barely  able  to  save  her. 

On  the  question  being  put,  the  house  adjourned  to  The  house 
Wednesday,  March  twenty-seventh,  inst.  adjourns. 


In   the    House   of    Lords,   the    Earl  of    Shelburne  House  of 
stated,  "  that  he   had  on  this  day  intended   to  have  jj^'j,^'^'  22 
made  a  motion  for  the  removal  of  his  majesty's  min- 1'?82. 
isters :    He  trusted  that  their  lordships  would  agree 
with   him  that  there  were  the   most  just   and   solid  The  Earl 
grounds  for  such  a  motion,  and  consequently  that  he  blirnroa 
had  not  for  slight  or  frivolous  reasons,  caused  their  the  re- 
lordships  to  be  summoned  this  day.     The  deplorable  the  min- 
state  into  which  the  army  had  sunk ;  the  wretched  '^^""y* 
condition  of  the  navy,  once  the  pride  and  bulwark  of 
the  nation,  and  the  terror  of  our  enemies ;    the  dis- 
tracted state  of   our  finances,  which  are  nearly  ex- 
hausted ;    the  glory   and  reputation    of   the   country 
sullied  and  almost  destroyed ;  were  subjects  that  af- 
forded an  ample  field  for  melancholy  reflection,  and  condition 
fully  justified  the  trouble  he  had  given  their  lordships  ^f  the 
to  attend  this  day.     But,  above  all,  the  state  in  Avhicli 
the  country  had  been  for  the  last  three  weeks,  strongly 


826 


THE  GOVERNMENTAL   HISTORY   OF 


Part  IV. 


TUE    PERMANENT   UNION 


American 
independ- 
ency iu 
Great 
Britain, 
1111-82. 


House  of 
Lords, 
March  22, 
1782 


The  Earl 
of  Shel- 
burne  on 
the  re- 
moval of 
the  min- 
istry 


Lord 

North's 
declara- 
tion ques- 
tioned. 


argued  the  propriety  of  the  motion,  which,  when  he 
moved  their  lordships  miglit  be  summoned,  he  had  it 
in  contemplation  to  make. 

"His  majesty's  first  minister  hath  declared,  that  he 
held  himself  bound  to  obey  the  order  which  the  House 
of  Commons  had,  in  its  wisdom,  made  relative  to  the 
war  in  America ;  and  yet  the  same  minister  had  repeat- 
edly professed  that  he  did  not  understand  that  order. 
Sorry  am  I  that  the  alarming  situation  of  public  affairs 
has  made  it  necessary,  either  that  the  country  should 
be  completely  ruined,  or  that  the  legislative  should 
interfere  with  the  executive  power,  and  direct  it  how 
to  act :  But  still  more  sorry  am  I,  that,  after  such  a 
disagreeable  step  had  been  made  necessary,  and  taken, 
the  administration  of  affairs  should  remain  in  the 
hands  of  those  who  pretended  not  to  understand  the 
meaning  of  the  House  of  Commons :  It  was,  therefore, 
to  remove  such  men  from  his  majesty's  councils,  that  I 
had  resolved  to  make  the  motion  which  it  was  my  in- 
tention to  have  submitted  this  day  to  the  consideration 
of  your  lordships.  But  as  I  understand  that  the  object 
of  the  motion  is  already  answered,  it  rests  with  this 
house  to  determine  whether  it  would  be  more  proper 
to  make  it,  or  to  suppress  it.  For  my  own  part,  I  am 
free  to  say,  that  I  no  longer  think  it  necessary.  A 
noble  lord*  in  the  other  house  has  said,  (and  at  the 
same  time  he  informed  that  house  that  he  spoke  from 
the  highest  authority,)  that  his  majesty's  ministers 
were  no  more  in  office ;  or,  if  in  ofiice,  that  they 
remained  only  to  transact  official  business.  I  do  not 
doubt  the  truth  of  the  assertion ;  but  when  I  reflect 
that  the  noble  lord  (North')  to  whom  I  allude  has  so 
completely  rooted  out  of  the  minds  of  the  people 
every  degree  of  confidence  in  his  word,  it  is  not  sur- 
prising that  there  should  exist,  as  there  certainly  does 
exist,  men  who  cannot  bring  themselves  to  believe  that 
administration  is  at  an  end,  or  that  what  that  noble 
lord  has  said  might  be  relied  on:  I  confess,  at  the 


THE   UNITED    STATES   OP  AMERICA.  827 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

same  time,  that  I  admit  the  propriety  of  their  diffidence  Americaa 
in  that  minister's  word.     I  myself  do  not  entertain  a  cntT^l'n  ^' 
doubt  but  the  declaration  he  has  made  to  the  other  ^^reat 
house  is  founded  in  truth :  Because  I  think  that  to  1777-82. 
attempt  to  deceive  parliament  by  such  a  declaration, 
is  so  scandalous,  so  hazardous,  and  so    dangerous    a  Lords 
measure,  that  I  believe  not  one  of  his  majesty's  minis-  M^^rdi  22, 
tors  can  be  found  so  hardy  as  to  resort  to  it.     If  I 
should  be  mistaken  in  this  opinion,  which  I  trust  I  am 
not,  I  would  go  as  far  as  the  power  of  parliament 
would  permit  me,  to  punish  their  audacity. 

"  Taking-  it  then  for  granted,  that  the  object  of  the  The  Earl 
motion  is  already  attained,  I  think  it  would  be  i^^x- j^^j.^^'^''^^ 
pedient  to  press  it  upon  your  lordships ;  and  that  it  tiie  remov- 
would  be  proper  to  wait  until  the  wisdom  of  his  maj-  ministry, 
esty  shall  form  such  an  administration  as  may  carry 
with  tlicm  the  confidence  of  the  people,  save  the  em- 
pire from  destruction,  and  rescue  the  character  of  the 
nation  from  contempt.     When  such  an  administration  pj^^^ 
shall  be  formed,  I  pledge  myself  to  give  them  my  most  himself  to 
firm  and  cordial  support  as  long  as  they  shall  act  in  of^all^ht- 
conformity  with  those  principles  which   I  have   uni- ™i"!^'^'^ 

.  ramxstry, 

formly  maintained  in  this  house  :  I  have  in  my  politi- 
cal character  acted  always  upon  principle,  and  upon 
principle  I  shall  continue  to  act  to  the  last  moment  of 
pay  life.  I  will  not  say  more  ;  this  is  not  a  time  for 
professions :  The  times  are  critical  and  dangerous : 
Men  must  soon  be  known  by  their  acts,  and  not  by 
their  professions." 

The  motion  was  suppressed  for  the  present  by  his  -vvairea  \m 
lordship,  and  the  House  of  Lords  adjourned  to  the  motion, 
twenty-fifth  inst.*    In  the  interim  a  new  Cabinet  was 
announced.f 

f  The  new  Cabinet  was  as  follows,  viz. : 

Marquia  of  Rockingham — First  Lord  of  the  Treasury.  »  t  r> 

Earl  of  Shelburne,  )  j  j^^^  Secretaries  of  State.  bretf  s  Par- 

*^'"-  Fo'^'  S  lianientary 

Lord  John  Cavendish — Chancellor  of  the  Exchequer.  Register, 

Admiral  Keppel,  created  a  Viscount — Pirst  Lord  of  the  Admiralty.  1782. 


828  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  permanent  union 

American       Thus  terminated  the  war  of  the  nation  against  the 
encvTu"^"  government,  of  the  parliament  against  Lord  North's 
Great        administration  ;  and  with  it  terminated  the  more  dis- 
1777-82.    astrous  conflict  of  arms  which  had  so  well  nigh  over- 
thrown the  empire  of  Great  Britain.     Peace  had  long 
adiniu^s^    been  the  desire,  and  was   now  the  earnest  hope  and 
tratiou,      craving  of  the  people.     But  it  had  become  evident  to 
1782.  '       all  thoughtful   and   reflecthig  men  of  ali  parties,  that 
there  could  be  no  peace  short  of  a  relinquishment  of  all 
The  basis   claim  of  sovereignty  over  America.     This  was  the  basis 
Btruc^tion."'  ^^^  whicli  the  new  administration  was  inaugurated  and 
came  into  power.     And   although  there  seemed  to  be 
differences  of  opinion  in  the  new  cabinet,  as  to  the  ap- 
petency of  recognizing  the  independence  of  the  United 
States  of  America,  whether  before  or  after   opening 
negotiations  for  peace  ;  still  it  was  seen  and  felt  by  all, 
that  the  question  itself  could  not  be  avoided,  or  set 
aside,  or  long  postponed  with  safety.     It  was  a  matter 
of  self-preservation  of  much  greater  moment  to  the 
kingdom  and  people  of  Great  Britain  than  it  was  to  the 
people  of  America. 
Embar-  But  under  the  new  order  of  things  the  Marquis  of 

in  the  new  Rockingham  suddenly  deceased.     Mr.  Fox,  one  of  the 
cabinet,     j^^-^  Secretaries  of  State,  and  Lord  John  Cavendish,  the 
new  Chancellor  of  the  Exchequer,  as  suddenly  with- 
drew from  the  appointment.    The  whole  nation  was  now 
distressed  with  anxiety  on  account  of  the  reputed  divis- 
ions in  the  new  cabinet  of  which  these  resignations 
seemed  to  be  the  bitter  fruit.     Vast  numbers  of  spec- 
House  of    tators  therefore  crowded  into  the  House  of  Commons 
July  9th. '  on  the  ninth  day  of  July,  when,  it  was  rumored,  the 
reasons  for  these  withdrawals  would  be  given. 

Duke  of  Grafton — Lord  Privy  Seal. 
Lord  Camden — President  of  the  Council. 
Duke  of  Richmond — Master-General  of  the  Ordnance. 
Lord  Thurloe — to  continue  Chancellor. 
General  Conway — Commander-in-Chief  of  the  Forces. 
Mr.  Dunning — Chancellor  of  the  Duchy  of  Lancaster,   and  created 
'  Baron  Ashburton. 


THE   UNITED   STATES   OP   AMERICA.  829 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

Mr.  Fox,  in  the  course  of  a  debate  upon  another  mat- American 
ter  then  before  the  house,  alluded  to  his  having  been  c°'J.'^?^n  ^' 
recently  one  among  his  majesty's  new  confidential  ad-<^'r'at 
visers  ;  and  avowed,  "  that  the  first  grand  principle  with  i^'j^-8-2. 
"which   the   new   administration  set  ont  was,  that  the?/ ^,    ^ 

'  '^  Mr.  Fox 

should  offer  to  America  unlimited,  unconditional,  inde-  explains 
pendence,  as  the  basis  of  a  negotiation  for  peace,  and  drawal. ' 
finding  a  difference  of  opinion  existing  on  this  subject 
in  the  new  cabinet,  he  felt  bound  in  all  consistency  to 
withdraw,  and  did  withdraw." 

The  Earl  of  Shelburne,  joint  Secretary  of  State  with  The  Earl 
Mr.  Fox,  was  promoted  to  the  vacancy  created  by  the  ^  ^^^\ 
death  of  the  Marquis  of  Rockingham  ;*  and  although  promotion. 
he  had  always  been  opposed  to  American  independency, 
yet  on  being  elevated  to  that  responsible  position,  at  a  is  in  fa- 
crisis  like  the  present,  he  recognized  the  necessity  of  ^mg^4an 
somewhat  modifying  his  own  opinions  in  respect  to  the  independ- 
mode  of  accomplishing  the  desired  peace.     It  was  before  ^^^^' 
the  Earl's  elevation  to  the  position  of  the  first  lord  of  the 
treasury  was  announced,  that  Mr.  Fox  withdrew  from 
the  cabinet.     It  was  after  it  that  he  (Mr.  Fox)  made  Gen.  Con- 
the  above  avowal  in  the  house;  inreply  to  which,  <?^w-p]^^ggfj't^g 
eral  Conway  declared  "that  it  was  the  opinion  of  thepoii^'yof 
cabinet  to  give  full,  unconditional,  and  unlimited  inde- cabinet, 
pendence  to  America." 

Mr.  Fox,  in  reply,  said,  "that  he  could  not  under- Mr.  Fox, 
take  to  say  what  was  now  the  opinion  of  the  cabinet.  ^^  ^^^  ^' 
He  never  heard  it  from  the  Earl  of  Shelburne  in  the 
cabinet,  but  he  could  assure  the  house  that  it  was  not        ' 
the  opinion  of  the  cabinet  when  he  made  the   deter- 
mination to  resign.     But  if  it  was  now  the  opinion  of 
the  cabinet,  he  congratulated  his  country  on  the  conse- 

*  In  the  new  arrangement  of  the  cabinet,  the  Earl  of  Shelburne  to  be 
first  Lord  of  the  Treasury,  vice  the  Marquis  of  Rockingham,  deceased. 

Lord  Grantham,  )  Principal  Secretaries  of  State, 

T.  Townshond,     )  vice  the  Earl  of  Shclburno  and  Mr.  Fox. 

Honorable  \Vm.  Pitt,  Chaucellor  of  the  Exchequer,  vice  Lord  Caven- 
dish. 


830  THE   GOVERNMENTAL   HISTORY   OP 


Part  IV.  the  permanent  union 


American  quences  of  his  resignation  ;  for  he  (Mr.  Fox)  had  been 
indepeud-  ^^^^  ^^  ^^  ^^^^.^  towards  the  deliverance  of  his  country 
by  resigning  his  post,  than  ho  was  able  to  effect  with 
House  of  Jj  ^i^g  |«Qj,gQ  Qf  argument  when  he  remained  in."  ' 
July  9th, '  General  Conway  reiterated  the  assurance,  tliat  inde- 
^'^^^'  pendence  to  the  thirteen  states  of  North  America  was 
way'reit-  to  be  the  basis  of  all  their  negotiations  with  them  ;  that 
erates  his  ^-^^y,  ^gj.g  ^q  jg  treated  as  independent  in  the  very  mode 
tion.  of  carrying  on  these  negotiations. 

Mr.  Fox,        Mr.  Fox  replied  again,  that  it  was  now  a  week  since 
"1  reply,    -^^q  had  the  honor  to  be  one  of  their  number.     A  gen- 
eral conversion   might   have  been   lately  wrought  on 
them.     They  were  not,  he  repeated,  agreed  on  any  such 
system  when  he  knew  them. 

Mr.  Fox  continued  to  defend  himself  for  so  hastily 
leaving  the  cabinet,  and  attributed  to  the  Earl  of  Shel- 
Seep.  '784.burne,  a  change  of  sentiment,  in  view  of  his  recent  ele- 
vation, which  amounted  to  an  inconsistency,  or  want 
of  principle,  which  he  himself  was  incapable  of.     He 
was  evidently  chagrined  with  the  thought,  that  if  he  had 
remained  in  the  cabinet  he  might  have  been  the  subject 
of  that  promotion  which  had  fallen  to  the  lot  of  the 
noble  Earl. 
Gen.  Con-       General  Conway  replied   briefly,  saying,  "  he  must 
fends  the    beg  the  honorable  gentleman's  (^Mr.  Fox's)  pardon  for 
new  cabi-  ^^jg^^yij^g^  ^j^at  in  mentioning  Lord  Shelburne's  merit, 
in  respect  of  his  advice  and  its  effect  upon  his  majesty, 
he  was  certainly  not  a  little  mistaken ;  for  he  would 
please   to   observe   that   the    independence   of   North 
America  had  never  been  made  a  question  in  this  house. 
It  was  on  this  account   the    more  necessary  to  discuss 
the  question  with  his  majesty ;  which  having  been  done 
The  king    repeatedly  by  the  first  lord  of  the  treasury,  (  Shelburne,') 
orthr""^  he  had  been  able  to  convince  his  royal  master,  that  a 
necessity    declaration  of  American  independence  was,  from  the 
niz/ng"^'    situation  of  this  country,  and  the  necessity  of  the  case, 
American  ^^q  ^lyigest  and  most  expedient   meastire   that    govern- 

independ-  '■  . 

ence.         ment,  from  the  pressure  of  present  circumstances,  could 


THE   UNITED    STATES    OP  AMERICA.  831 

UNDER    THE    CONFEDERATIOX.  PaRT    IV. 

possibly  adopt.     He  must  think  it  greatly  to  his  lord-  American 
ship's  honor,  who  had,  in  this  instance,  done  more  than  "nijy^l^a 
all  his  predecessors  could  do  before  him :  Therefore  it  ^'pat 

.   n  •      1  •  -11  1  •        Britian, 

was  a  satislactory  reason  m  his  own  mind  that  notlnng  1777-82. 
less  than  such  a  measure  in  its  utmost  latitude  was  cer- 
tainly meant  by  the  cabinet."*  horlt 
The  policy  of  the  now  administration  was  further  set'^"*y  ^^^"^t 

.  -^  1782. 

forth  in  the  House  of  Lords,  on  the  tenth  day  of  July, 
1782.  Upon  a  motion  to  adjourn,  made  after  the  trans- 
action of  private  business. 

The  Duke  of  Richniond,  immediately  arose,  and  said.  Policy  of 

tliG  new 

that   as   Ke  considered   this  was  the  last  day  of  their  adminis- 
mcetiii":  previous  to  the  prorogation,  he  could  not  con- *''''^'"^"' 

^   '■  _  .  .  .  stated  by 

sent  to  the  question   for    adjourning,  until  he  should  the  duke 
have  said  a  few  words  to   their  lordships  on  the.  late  j^qq^ 
revolution  which  had  taken  place  in  his  majesty's  coun- 
cils.    He    commenced   by  eulogizing  the  late  3Iarqvis  Explains 
of  Rocking-ham,  attrihutin^  to  his  decease  the  dissolu-lJ^g  ;^'jJjq 
tion  of  the  unanimity  in  the  new  cabinet.     He  then  cabinet, 
alluded  to  the  resignations  of  Mr.  Fox  and  Lord  John 
Cavendisli,  and  continued  to  say,  "  it  was  now  proper 
for  him  to  give  his  reasons  for   not  having  followed 
the  example  of  these   two   very  respectable   persons. 
There  had"  been   laid  down  certain  principles   which 
he  conceived  to  have  been  the  basis  of  the  administra- 
tion that  was  formed  on  the  ruins  of  that  which  had 
been  overturned,  in  a  great  measure,  by  the  great  pow- 
ers  of  one    of  the  two  characters  (Mr.  Fox)  he  had 
alluded  to.     He  had  not  hitherto  observed,  and  he  had 
been  watchful  on  that  head,  the  least  deviation  from 
any  one   of   these    fundamental   principles.     As   long 
therefore  as  he  should  find  that  by  these  principles  the 
noble  lord  near  him,  (the  Earl  of  Shelburne,')  now  at 
the  head  of  the  treasury,  should  conduct  the  measures 
of  his  administration ;  so  long  he  should  conceive  it  to 
be  his  duty  to   give   him   every  support  in  his  power :  i,rctt'sPar- 
But  the  moment  he   should  discover  in  him  an  inten- ''"'"\'""^*''y 

RejTister 

tion  to  abandon  those  principles,  from  that  moment  lie  1732. 


832  THE   GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  permanknt  union 

American  would  stand  foremost  in  the  most  determined  opposi- 
independ-  ^^^j^  ^^  |-,jg  government.     These  principles  were, 
Great  "  1.  The  independence  of  America. 

im-82.        "  2-  That  a  plan  of  reform  should  be  adopted  in  all 

the  departments  under  the  crown. 
House  of        a  3_  Tj^^t  the  influence  of  the  crown  in  parliament 
July  10th,  -was  to  be  diminished. 

Policy  of  "  "^^^^  ^^^*  °^  these   great   principles,  was  the  inde- 

the  new  pendeuce  of  America.     The   new   administration  had 

traUon  '  comc  in  ou  this  express  ground,  that  peace  with  America 

stated  by  -was  to  bc  obtained  at  any  rate.      That  is  to  say,  in  plain 

tlie  duke  •/  ^        r 

of  Rich-    English,  that  the  independence  of  America  should  not 

^^^^-        stand  in  the  way  of  so  desiral)le  an  object  as  peace  with 

that  country.     It  was   not    intended  that  this  country 

The  great  should  submit  to  any  humiliating  terms ;  but  peace  was 

principle,  ,       ',       •        i  -n  n  •  •       •    i      i       i       -i 

one  of  to  be  obtained  at  any  rate,  i-irom  this  principle  he  had 
peace  with  j^Q^  yet  perceived  the  least  deviation,  and  consequently 
American  he  saw  110  rcason  why  he  should  withdraw  himself  from 
independ-  couucils,  which,  lie   conccived,  were  governed  by  the 

ency  not  to  '  '  . 

hinder  it.  letter  and  spirit  of  the  original  stipulation  of  the  cabi- 
net with  the  king.  And  here  he  felt  it  incumbent  on 
him  to  declare,  that  his  majesty  had  performed  with  a 
religious  scrupulosity  all  that  he  had  promised  ;  and 
had  not  once  manifested  the  least  symptom  of  a  desire 
to  deviate  from  his  stipulations.  He  was  thoroughly 
satisfied  that  no  change  was  intended  by  his  majesty  to 
be  made  in  the  cabinet  fo.imed  at  the  downfall  of  the 
late  ministry ;  and  he  verily  believed  that  no  change 
would  have  been  made,  if  the  fatal  event  to  which  he 
had  already  alluded  had  not  made  it  necessary.  Peace 
with  America  was  certainly  the  most  pressing  object  at 
present,  and  he  firmly  believed  it  to  be  the  object  near- 
est the  hearts  of  all  his  majesty's  ministers.  Various 
might  be  the  means  of  obtaining  this  great  point ;  but 
though  there  might  be  a  difference  of  opinion  as  to  the 
means,  he  was  satisfied  that  they  were  all  united  as  to 
the  end.  The  session  was  now  drawn  to  its  conclusion, 
and  nothing  of  course  could  bc  now  done  by  parlia- 


THE   UNITED   STATES   OP   AMERICA.  833 

UNDKR    THE    CONFEDERATION.  PaRT    IV. 

mciit  relative  to  America  ;  but  this  much  he  must  do-  American 
clarc,  that  it  was  his  firm  OY>^mo\\ ^  that  this  country  could  ^^^^^^J'l^  ' 
nut  be  safe  if  before  the  end  of  the  7iext  session  an  act^^'^^^*' 

111  A  ■        •     1  1  Britain, 

should  not  pass  to  declare  America  independent.  1777-82. 

The  Earl  of  Shelburne  rose  next,  and  after  thanking 
the  noble   duke  for  his  good  opinion  of  him,  and  re- Lords, 
markin<2;  on  his  position  in  the  new  cabinet,  proceeded '^'^^y  ^'^*^» 

f^  I  '  i  1782. 

to  say  "  it  had  been  insinuated,  that  he  had  changed 

his  o})inion  relative  to  the  independence  of  America.  Policy  of 

But  this  was  not  the  fact:     His  opinion  on  that  sub-^di 


linims- 


icct  was  still  the  same  that  it  had  ever  been :  He  had  ti'^tio", 

•^  .  .  stated  by 

declared  it  often,  and  he  would  repeat  it  now  in  the  tiie  Earl  of 
most  public  and  explicit  manner.     It  had  ever  been  his  ^'^'^^""'■"*5' 
opinion  that  the  independence  of  America  would  be  a 
dreadful  blow  to  the  greatness  of  this  country ;  and  that 
when  it  should   be    established,  the   sun  of  England 
mii^ht  be  said  to  have  set:     He  had  always  therefore  Compelled 
laboured  to  prevent  so  fatal  a  misfortune  from  befalling  ^'y  necessi- 
his  country :     He  had  used  every  effort  in  public  and  cede  inde- 
in  private,  in  England  and  out  of  it,  to  guard  it  from P*^"^*^^^*^^' 
so  dreadful  a  disaster:     But  now  the  fatal  necessity  of  784.^^^°^ 
seeing  it  fall  upon  us  appeared  in  full  view ;  and  to 
necessity  he  might  be    obliged  to   give  way,  but  to 
nothing  short  of  necessity  would  he  give  way  on  that 
head :     And  when  he  should  have  done  it,  he  would 
confess  that  the  greatest  misfortune  had  arrived  that  had 
ever  befallen  Great  Britain.      But  while   he  felt  the 
necessity  of  giving  way  to  unavoidable  misfortunes,  he 
was  free  to  say,  that  it  was  his  firm  opinion  the  melan- 
choly event  had  been  hastened  by  the  rash  and  precip-Tbis 
itato  advice  that  had  been  so  frequently  given  bv  some ''^^■^'^•^' ^^ 

,  .  T  I     -,  tencd  hv 

people,  some  years  ago ;  to  acknowledge  an  independ- former 
once  which  then  might  have  been  destroyed  in  the  bud 
It  had  been  insinuated  elsewhere,  that  had  his  princi- 
ples been  known  relative  to  American  independence, 
the  people  of  America  would  be  backward  to  treat  with 
hiin  for  peace  ;  but  he  had  learned  sufficient  by  the 
information  he  received  during  the  last  two  months 
63 


ne- 

as- 


conccs- 


834  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  permanknt  union 

American  that  lie  was  Secretary  of  State,  and  since,  that  there 
eucy^^n  "  ^^^  ^^^  ^^^^^  ^^^^^  whom  the  Americans  would  more 
Great        willingly  treat  than  himself.     As  to  the  steps  that  had 

Britain,        i  i         i  i  i 

1777-82.  been  already  taken  towards  a  peace  with  America,  his 
lordship  entreated  their  lordships  would  give  him  credit 
House  of  when  he  assured  them,  that  the  principle  laid  down 
jiTy  %th  ''^^^^^^'^  ^^  peace  with  America  at  any  rate,  and  which 
1782.  '  had  been  so  correctly  stated  by  the  noble  duke,  had 
not  in  the  smallest  degree  been  departed  from.  The 
Policy  of  despatches  on  that  subject  must  remain  secret  for  the 
admhiiT-  present,  but  the  day  would  come  when  the  publication 
TfTb  ^^  ^^^^^  could  not  be  attended  with  any  injury  to  the 
the  Earl  of  public.  To  that  day  he  looked  with  an  earnest  anx- 
.Sheiburne.  -^^^^ .  jj^  trustcd  it  was  uot  far  distant :  He  hoped  he 
Resolved  Avould  be  able  to  lay  them  upon  the  table  of  both 
to  have      bouses  of  parliament  early  in  the  ensuing  session  when, 

peace  with  ^  . 

America  at  he  was  coiivinccd,  their  lordships  and  the  public  would 
any  ra  e.    -^^  satisfied  that  tlic  insinuations  thrown  out,  relative 
to  a  change  of  system  in  America,  were  totally  without 
foundation. 

"  The  language  of  despondency  which  had  been  so 
often  held,  had  never,  in  his  opinion,  been  productive 
of  any  good.      He  would  have  the  world  know,  that 
though  this  country  should  have  received  a  fatal  blow 
by  the  independence  of  America,  still  there  was  a  deter- 
mination to  improve   every  opportunity,  and  to  make 
the  most  vigorous  exertions  to  prevent  the  court  of 
France  from  being  in  a  situation  to  dictate  the  terms 
of  peace :      The  sun  of  England  would  set  ivith  the  loss 
of  America,  but  it  was  his  resolution  to  improve  the 
twilight,  and  to  prepare  for  the  rising  of  England's  sun 
again,  and  he  hoped  she  would  see  many,  many  more 
happy  days. 
The  Duke        The  Duke  of  Richmond  rose  again,  and  said,  "  as  to 
mondtn    ^^^^  independence  of  America  ;  he  thought  it,  as  well 
indcpcnd-  as  the  noble  lord  near  him,  a  very  great  misfortune  to 
the  wlr.*/   the  kingdom  ;  but  he  thought  it  would,  be  a  still  greater 
misfortune   to    attempt   to    keep   America    dependent 


THE   UNITED    STATES   OF   AMERICA.  835 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

against  her  own  will :     And  he  thought  the  most  absurd  American 
and  extravagant  way  that  could  possibly  enter  the  head  ^^.^^^^  ' 
of  a  madman,  was,  to  endeavor  to  bring  America  to  a  (''tat 
dependence  upon  this  country  by  putting  the  people  1777-82. 
of   it  out  of  the  protection  of   the  laws ;  for  where  House  of 
there  was  no  protection  there  could  be  no  allegiance,     juiy  10th. 

T/ie  Earl  of  Shelburne  again  rose,  and  said — "  as  to  ^'^^^• 
the  American  war,  he  had  ever  been  as  great  an  enemy 
to  it  as  the  noble  Duke :     He  had  always  contended, 
that  it  was  unjust  in  its  principle,  because  it  militated 
against  that  great  maxim  of  our  constitution  which 
declares,  that  English  subjects  in  whatsoever  quarter  The  Earl 
of  the  globe,  had  a  right  to  the  benefit  of  the  British  ^[,^00^0^ 
constitution,  the  most  boasted  and  peculiar  franchise  the  war. 
of  which  was,  to  be  governed  by  those  laivs  only  which 
they  themselves  had  enacted  either  in  person,  or  by  their 
representatives.      That  war  was  now  at  an  end :     No 
minister  could,  if  he  were  mad  enough  to  desire  it, 
prosecute  it  any  longer :     The  resolutions  of  parlia- 
ment, and  the  general  sense  of  the  nation,  were  against 
it :     And  here  he  thought  it  proper  to  declare,  in  order 
to  quiet  the  alarms  that  had  been  industriously  raised 
in  the  minds  of  men,  that  nothing  was  further  from  his  Declares 
intention  than  to  renew  the  war  in  America.      The^g^^^J 
sword  was  sheathed,  never  to  be  drawn  there  again."  ated. 
The  House  now  adjourned. 

On  the  next  day,  July  eleventh,  his  majesty  pro-Proroga- 
rogued  both  houses  of  parliament,  and  in  his  speech  *'°".*'^ 
said, — "  The  extensive  powers  with  whicli  I  find  myself  mcnt,  July 
invested  to  treat  for  reconciliation  and  amity  with  the  kjuo-'g      ^ 
colonies  which  have  taken  arms  in  North  America,  I  speech, 
shall  continue  to  employ  in  the  manner  most  condu- 
cive to  the  attainment  of  those  objects,  and  with  an 
earnestness  suitable  to  their  importance." 


Thus  the  exigent  necessities  of  the  kingdom  of  Great  Tlie  issue 
Britain  compelled  the  resolution  for  peace  with  Aracr-^""'^  ' 
lea  at  any  rate ;     The  crown  craved  it ;  the  cabinet 


836  THE   GOVERNMENTAL    HISTORY   OP 


Part  I\ .  the  permanent  union 


American  coiirted  it ;  tlie  lords  spiritual  and  temporal  implored 
encj^fu  '  i^  '■>  while  the  commons  clamored,  and  the  people  raved, 
Great        for  peace  ivith  America  at  any  rate. 

Britain,  rrn       i        i  i       i  • 

1777-82.  -I  he  banker,  by  his  profitless  coffers  and  diminished 
dividends;  the  broker,  bj  his  scanty  exchanges  and 
depreciated  bills ;  tlie  merchant,  by  his  accumulated 
and  wasting  importations ;  the  shipper,  by  his  un- 
freighted  vessels  and  vacant  wharves ;  the  manufac- 
turer, by  his  unsold  wares  and  silent  spindles  and 
looms ;  the  mechanic  and  the  artisan,  by  the  destitu- 
tion of  their  homes  :  The  operative  and  the  laborer, 
thrown  out  of  employment  and  into  beggary  or  starva- 
tion in  the  streets :     The  peasant  and  the  farmer  im- 

The urgent poverished  and  famishing  in  the  fields:     The  judges 

necessity  ^j^  ^]^q  bcncli,  the  advocatos  at  the  bar,  and  the  attor- 
01  peace.  _  '  ' 

neys  at  their  desks :  The  inquisitions  and  present- 
ments of  jurors:  Mayors  and  commonalties  of  cities: 
Priests  and  ministers  of  religion ;  patrons  of  science 
and  the  arts ;  professors  and  students  of  the  universi- 
ties ;  teachers  and  pupils  of  colleges,  academies  and 
schools :  In  fine,  all  classes,  grades,  and  conditions  of 
men,  from  one  end  of  the  empire  to  the  other,  sent  up 
one  united,  earnest,  wailing  prayer,  for  peace  ivith 
America  at  any  rate. 

The  like  was  never  before  known  in  the  political 
annals  of  any  nation.  Tlie  plague  which  years  before 
had  stricken  so  much  terror  into  the  heart  of  England 
produced  no  more  agonizing  anxiety  in  the  minds  of 
men  ;  and  no  pestilence  ever  generated  a  wilder  scene 
of  desperation,  than  now  marked  the  retribution  which 
her  unjust  and  cruel  war  with  America  had  brought 
upon  Great  Britain.  Indeed,  the  world  has  never  yet 
been  told  how  direful  and  appalling  was  the  necessity 
which  compelled  its  cessation,  and  forced  the  recogni- 
tion of  American  independence.  In  the  archives  of 
the  nation  it  stands  confessed  in  the  brief  but  com- 
prehcnt-ivc  resolution  for  peace  vnth  America  at  any 
rate. 


THE   UNITED    STATES   OF   AMERICA.  837 


UNDER    THE    CONFEDERATION.  PaRT   IV. 


Peace  with  America,  for  that  alone  was  peace  with  American 
France.     Peace  with  America,  for  that  alone  was  peace  ",f.^?|^"*^' 
with  Spain.     Peace  with  America,  for  that  alone  was  <'i'yat 
peace  with  Holland.     Peace  witli  America,  for   that  1777-82. 
alone  was  peace  with  Europe.     Peace  with  America  at 
any  rate,  for  by  that  alone  could  England  be  at  peace 
within  herself.     Hence  the  new  administration  waited 
not  for  opportunity,  but  hastened  to  open  a  corres- 
pondence with  the  ministers  plenipotentiary  of  Amer- 
ica in  their  vicinity.     They  stayed  not  upon  forms  or 
ceremonies,   but   solicited   a    negotiation    for    peace. 
They  stood  not  upon  punctilios  or  terms,  but  offered 
independence  as  a  basis  for  the  negotiation. 

It  is  a  remarkable  and  striking  fact  connected  with  The  issue 
this  part  of  our  governmental  history,  that  not  one  of  dosed. 
all  the  eminent  and  gifted  statesmen  of  England  had  indcpend- 
the  sao-ucity  to  foresee,  how  much  her  future  greatness  ^"^'-^  *"' 

■-         -^  '  o  uniphant, 

and  riches  would  be  promoted  by  the  independence  of  July,  1782. 
the  United  States  of  America.  The  bare  idea  of  relin- 
quishing the  sovereignty  over  them  broke  the  heart  of 
the  illustrious  Earl  of  Chatham,  and  he  could  not 
survive  the  prospect  even  of  such  a  dismemberment  of 
so  splendid  an  empire.  The  gifted  Earl  of  Shelburne, 
now  the  premier  of  England,  while  he  summoned  all 
his  energies,  and  plied  all  his  accomplishments  and  his 
eloquence,  to  rally  the  nation  from  its  deep  despond- 
ency, still  gave  utterance  to  tlie  doleful  lamentation 
that  the  sun  of  England  would  set  in  obscurity  behind 
the  dark  cloud  of  American  independency ;  whereas,  it 
but  marked  her  jcntrance  upon  a  career  of  prosperity, 
glory,  and  greatness,  far  above  and  beyond  anything 
she  had  ever  before  known.  And  all  this  was  the 
labor  and  the  reward  of  those  faithful  and  far-seeino* 
patriots,  who,  in  the  revolutionary  congress  of  the  Uni- 
ted Colonies,  purposed  and  wrought  out  the  great 
scheme  of  our  independence.  Neither  America,  or 
mankind,  have  yet  ])aid  a  competent  tribute  of  ac- 
knowledgment for  the  debt  they  owe.  to  the  Fathers 


838  THE   GOVERNMENTAL   HISTORY   OP 


Part  IV.  tuk  pkkmanknt  union 


of  our  Revolution;  because  neither  the  historian  or 
the  philosopher  has  ever  fully  disclosed  to  them  its 
intricate  achievement,  its  comprehensive  relations,  or 
its  beneficent  influences  upon  the  welfare  of  the 
world. 


Provisionary  Articles  of  Peace. 

Provision-  The  way  being  thus  auspiciously  prepared,  and  act- 
desfoVa  ^^^  negotiations  set  on  foot,  Provisionary  Articles  of 
treaty  of  Peace  were  "  agreed  upon  and  executed  at  Paris,  on 
tweenEng-the  thirtieth  day  of  November,  1782,  between  Richard 
land  and     Qswald.  Esq..  the  commissioner  of  his  Britannic  Mai- 

Amenca,  t         i  i  j 

Nov.,  1782.  esty,  for  treating  of  peace  with  the  commissioners  of 
the  United  States  of  America,  in  behalf  of  his  said 
majesty,  on  the  one  part :  and  John  Adams,  Benjamin 
Franklin,  John  Jay,  and  Henry  Lavrens,  four  of  the 
commissioners  of  the  said  States,  for  treating  of  peace 
with  the  commissioners  of  his  said  Majesty,  on  their 
behalf,  on  the  other  part :  To  be  inserted  in  and  to 
*  See  the  Constitute  the  Treaty  of  Peace*  proposed  to  be  con- 
Definitive  cludcd  between  the  Crown  of  Great  Britain  and  the 

Treaty, 

post,  page  said  United  States  ;  but  which  treaty  is  not  to  be  con- 
^■*'*"  chidcd  until  terms  of  a  peace  shall  be  agreed  upon 

between  Great  Britain  and  France ;  and  his  Britannic 
Majesty  shall  be  ready  to  conclude  such  treaty  accord- 
ingly." 
Preiimina-  -pj^^  provisionary  articles  of  peace  with  America 
of  peace  were  followed  by  "Preliminary  Articles  of  Peace  be- 
England  twccu  liis  Britaunic  Majesty  and  the  Most  Christian 
and  King"  of  France;  which  were  signed  by  the  plenipo- 

Jan^Toth,  tentiaries  of  the  respective  powers,  at  Versailles,  the 
1783.  twentieth  day  of  January,  1783  ;  "  re-establishing  sin- 
cere friendship  between  his  Britannic  Majesty  and  his 
Most  Christian  Majesty,  their  kingdoms,  states,  and 
subjects,  by  sea  and  by  land,  in  all  parts  of  the 
world." 


THE   UNITED   STATES   OP   AMERICA.  839 


UNDER    THE    CONFEDERATION.  PaRT    IV. 

Like  "  Preliminary  Articles  of  Peace  "  were  in  like  Preiimina- 
manncr  executed,  at  the  same  time  and  place,  "  be- ^^  ^J'^^g®* 
tween  his  Britannic  Majesty  and   the  Most  Catholic  i^«twceii 
King"  of   Spain,    "re-establishing  sincere   friendship ^^1  Spain. 
between  his  Britannic  Majesty  and  his  Most  Catholic 
Majesty,  their  kingdoms,  states,  and  subjects,  by  sea 
and  by  land,  in  all  parts  of  the  world." 

The  preliminary  articles  between  Great  Britain  and  Ratifica- 
France  were  ratified  and  exchanged  on  the  third,  and^'^°^^^^^ 
those  with  Spain  on  the  ninth  day  of  February,  in  the 
same  year.      Accordingly   his  Britannic  Majesty  was 
ready  to   conclude   a  definitive  treaty  of  peace  with 
America,  further  preliminary  to  which  an  agreement  Cessation 
was  entered  into  between  the  ministers  plenipotentiary  ^/J^^^^^g'*, 
of   the   United  States  of  America   and   the   minister  upon,  Jan. 

20th   I'TSS 

plenipotentiary  of  his  Britannic  Majesty,  at  Paris,  on       ' 
the  twentieth  of  January,  1783,  for  a  cessation  of  hos- 
tilities. 


Meanwhile,  and  until  the  provisionary  articles  andproceed- 
ao-reement  for  a  cessation  of  hostilities  reached  Amer- t"°o '°.  *^® 
ica,  the  Congress  and  the  officers  of  the  army  were 
very  busily  engaged  in  directing  preparations  for  an-p^     j.^^, 
other  campaign.     It  does  not  appear  that  they  at  alltionsfor 
anticipated  so  ready  or  so  early  a  desire  on  the  part  campaifTi. 
of  Great  Britain  to  terminate  the  war  ;  much  less  to 
concede  its  fruitlessness  by  proffers  of  peace,  or  by 
offering  to  recognize  the   independence   of  the   new 
Confederacy.     The  information  was  conveyed  to  them 
in  a  letter  and  accompanying  documents,  transmitted 
from  Paris  by  Dr.  Franklin,  in  January,  1783.    These 
papers  were  referred  to  the  secretary  for  foreign  affairs, 
(an  office  created  under  the  Confederation,)  who,  on 
the  eleventh  day  of  April,  1783,  reported  the  draft  of 
a  proclamation,  which  was  agreed  to  by  the  Congress,  See  next 
as  follows,  viz. :  ^*^*' 


840  THE   GOVERNMENTAL   HISTORY   OP 

Fart  IV.  the  permanent  union 


tion'b^ ' the      "  -^^  ^^^  United  States  of  America,  in  Congress 

congress  ASSEJIBLED — A  PROCLAMATION, 

of  a  cessa- 

arms^Apr  "-J^^c/anwg-  the  Cessation  of  arms,  as  well  by  sea  as  by 
1783!       '     land,  agreed   upon  between  the    United   States  of 

America  and  his  Britannic  Majesty ;  and  enjoining 

the  observance  thereof: 
Prellmina-      "  Whereas,  Provisional  Articles  were  signed  at  Paris, 
riesbe-      q^  i\^q  thirtieth  day  of  November  last,  between  the 

tween  Eng-  •'  ' 

laud  and    ministers    plenipotentiary    of  the    United    States  of 
merica.    j^^^^pj^^g^  f^P  treating  of  peace,  and  the  minister  ple- 
nipotentiary of  his  Britannic  Majesty,  to  be  inserted 
and  to  constitute  the  treaty  of  peace  proposed  to  be 
concluded  between  the  United  States  of  America  and 
his  Britannic  Majesty  when  terms  of  peace  should  be 
agreed  upon  between  their  most  Christian  and  Britan- 
Betwcen     nic  Majesties :  And  whereas,  preliminaries  for  restor- 
a'nd  ^"       i^^S  peace  between  their  Most  Christian  and  Britannic 
France.      Majesties  were  signed  at  Versailles,  on  the  twentieth 
day  of  January  last,  by  the  ministers  of  their  Most 
Christian  and  Britannic  Majesties :  And  whereas,  pre- 
Between     limiiiaries  for  restoring  peace  between  the  said  King  of 
and  Spain,  Great  Britain  and  the  King  of  Spain  were  also  signed 
at  Versailles,  on  the  same  twentieth  day  of  January 
last:  By  which  preliminary  articles  it  has  been  agreed^ 
Stipuia-         "That  as  soon  as  the  same  were  ratified,  hostilities 
tionsfor  a^^g^^ggj^  i\^q  g^j^j  Kings,  their  kingdoms,  states,  and 

cessation 

of  hostiii-  subjects,  should  cease  in  all  parts  of  the  world :  And  it 
*^^^'  was  further  agreed,  that  all  vessels   and  effects  that 

might  be  taken  in  the  Channel  and  in  the  North  seas, 
after  the  space  of  twelve  days  from  the  ratification  of 
the  said  preliminary  articles,  should  be  restored:  That 
the  term  should  be  one  month  from  the  Channel  and 
North  seas,  as  far  as  the  Canary  Islands  inclusively, 
whether  in  the  ocean  or  the  Mediterranean ;  two 
months  from  the  said  Canary  Islands  as  far  as  the 
equinoctial  line  or  equator;    and  lastly,  five  months 


THE   UNITED    STATES   OP  AMERICA.  841 

UNDER   THE    CONFEDERATION.  TaRT    IV. 

ill  all  other  parts  of  the  world,  without  any  exception  Prociama- 
or  more  particular  description  of  time  or  j)lacc.  con"n^ss 

"And  WHEREAS  it  ivas  declared  by  the  minister  pie  ni-^^'  a  cessa- 
potentiary  of  the  king  of  Great  Britain;  in  the  name  arms,  Apr., 
and  by  the  express  order  of  the  king  his  master,  on  the  ^'^^'^' 
said  twentieth  day  of  January  last;  that  the  said  Uni- 
ted States  of  America,  their  subjects  and  their  posses- 
sions, shall  be  comprised  in  the  above-mentioned  sus- 
pension of  arms,  at  tlie  same  epochs,  and  in  the  same  Condition  • 

1         ,  ,  •  T      1     •  1     <'f  the  sus- 

manner  as  the  three  crowns  above  mentioned,  their  sub-  pension  of 
jects  and  possessions  respectively ;  vpon  condition,  that  ^hostilities, 
on  the  part  of  the  United  States  of  America,  a  similar 
declaration  shall  be  delivered,  expressly  declaring  their 
assent  to  the  said  suspension  of  arms,  and  containing 
an  assurance  of  the  most  perfect  reciprocity  on  their 
part  : 

"  And  WHEREAS  the  ministers  plenipotentiary  of  these  Accept- 
Uiiitcd  States,  did,  on  the  same  twentieth  day  of  Janu- ^g|;|!^^jj^iQjj 
arv,  in  the  name  and  by  the  authority  of  the  said  Uni-bythemin- 

",    ^  ,  ■  -,    1      ^  •  Til  .1      istry  ot  the 

ted  States,  accept  the  said  declaration ;  and  declare  the  u.  g.  a. 
said  states  should  cause  all  hostilities  to  cease  against  his 
Britannic  majesty,  his  subjects  and  his  possessions,  at  the 
terms  and  epoclis  agreed  upon  between  his  said  majesty 
the  king  of  Great  Britain,  his  majesty  the  king  of 
France,  and  his  majesty  the  king  of  Spain,  so  and  in 
tlie  same  manner  as  had  been  agreed  upon  between 
those  three  crowns,  and  to  produce  the  same  effects : 

"  And  WHEREAS  the  ratifications  of  the  said  prelitninary  Exchange 
articles,  between   their  most  Christian  and  Britannic  ["j^J^g^'j^g.^" 
majesties,  were  exchanged   by  their  ministers  on  the  tween  the 
third  day  of  February  last;  and  between  his  Britannic  powers. 
majesty  and  the  king  of  Spain  on  the  ninth  day  of  Feb- 
ruary last: 

"  And  whereas  it  is  our  luill  and  pleasure,  that  the  All  acts  of 
cessasion  of  hostilities  between  the  United   States  of  prohibited. 
America  and  his  Britannic  majesty,  should  be  conform- 
able to  the  epochs  fixed  between  their  Most  Christian 
and  Britannic  majesties;  we  have  thought  fit  to  make 


842 


THE   GOVERNMENTAL   HISTORY   OF 


Part  IV 


THE    PERMANENT    UNION 


Proclama- 
tion by  the 
congress, 
of  a  cessa- 
tion of 
arms,  April 
11th,  1*783. 


The  Gov- 
ernors to 
make  it 
public  in 
the  re- 
spective 
Btates. 


known  the  same  to  the  citizens  of  these  states ;  and  we 
hereby  strictly  charge  and  command  all  our  officers, 
both  by  sea  and  land,  and  other  subjects  of  these  Uni- 
ted States,  to  forbear  all  acts  of  hostility,  either  by  sea 
or  by  land,  against  his  Britannic  majesty  or  his  subjects, 
from  and  after  the  respective  times  agreed  upon  between 
their  Most  Christian  and  Britannic  majesties  as  afore- 
said. And  ive  do  further  require  all  governors  and  oth- 
ers; the  executive  powers  of  these  United  States  re- 
spectively, to  cause  this  our  proclamation  to  be  made 
public,  to  the  end  that  the  same  may  be  duly  observed 
within  their  several  jurisdictions. 
'■'■Done  in  Congress,  <fec." 


Hostilities  having  thus  ceased,  and  there  being  no 
longer  any  call  for  active  service  in  the  field,  the  congress 
felt  that  the  genius,  the  wisdom,  aUd  the  virtue,  which 
had  so  successfully  planned  and  directed  the  operations 
of  the  war,  might  well  be  called  to  illumine  and  to 
guide  the  councils  of  the  state  in  peace.     The  opinions 
and  suggestions  of  Washington  had  always  been  re- 
ceived by  the  congress  and  throughout  America  with 
the  greatest  deference  and   respect,  and  were  always 
sought  for  in  times  of  difficulty  and   embarrassment. 
He  probably  influenced  and  guided  the  destinies  of  this 
country,  by  his  correspondence  with  leading  men  in 
congress,  and   in   the  different  colonial  or   provincial 
assemblies,  quite  as  much  as  he  did  in  his  command  of 
Washing-   the  officers  and  army  in  the  conduct  of  the  war.     He 
to'an\iudi'^  was  therefore  now  invited  to  visit  the  national  legisla- 
encc  with  turc.      On  Monday,  August  twenty-fifth,  1783,  being 
gress,        informed  of  his  arrival  in  the  neighborhood  of  Prince- 
Aug.' 26th.  ton,  the  Congress 

"  Ordered,  That  he  have  an  audience  in  congress  to- 
morrow, at  twelve  o'clock." 

The  next  day,  according  to  the  order,  General  Wash- 
ington attended,  and  being  introduced  by  a  committee 


THE   UNITED    STATES    OF   AMERICA.  843 

UNDKR    TIIK    CONFEDERATION.  PaRT    IV. 

of  two  members,  the  president  addressed  him  as  fol- Washing- 
audience 
"Sir: — Congress  feel   particular  pleasure  in  seeing  before  the 

your  excellency  and  congratulating  you  on  the  success  a^uj^' 26th, 
of  the  war,  in  which  you  have  acted  so  conspicuous  a  ^^'*^* 
part. 

"It  has  been  the  singular  happiness  of  the  United ^'^•^''^^a of 
States,  that  during  a  war  so  long,  so  dangerous,  and  so  dent'ortiie 
important.  Providence  has  been  graciously  pleased  to '^°'l^/"'^^,^ 
preserve  the  life  of  a  General,  who  has  merited  andingtou. 
possessed  the  uninterrupted  confidence  and  affection  of 
his  fellow  citizens.     In  other  nations  many  have  per- 
formed services  for  which  they  have  deserved  and  re- 
ceived the   thanks  of  the  public.     But,  to  you.  Sir, 
peculiar  praise  is  due :     Your  services  have  been  essen- 
tial in  acquiring  and  establishing  the  freedom  and  inde- 
pendence of  your  country.     They  deserve  the  grateful 
acknowledgments  of  a  free  and  independent  nation. 
Those  acknowledgments,  congress  have  the  satisfaction 
of  expressing  to  your  excellency. 

"  Hostilities  have  now  ceased,  but  your  country  still 
needs  your  services.  She  wishes  to  avail  herself  of 
your  talents  in  forming  the  arrangements  which  will  be 
necessary  for  her  in  the  time  of  peace.  For  this  reason 
your  attendance  at  congress  has  been  requested.  A 
committee  is  appointed  to  confer  with  your  excellency, 
and  to  receive  your  assistance  in  preparing  and  digest- 
ing plans  relative  to  those  important  objects." 

To  which  General  Washington  replied: 

"M/-.  President, — I  am  too  sensible  of  the  honorable  Washing<- 
reception  I  have  now  experienced,  not  to  be  penetrated  ^^"'f  ""^P'^ 
with  the  deepest  feelings  of  gratitude.     Notwithstand- president 
ing  congress  appear  to  estimate  the  value  of  my  life  Lggg*^  ^**'^* 
beyond  any  services  I   have  been  able  to  render  the 
United  States,  yet  I  must  be  permitted  to  consider  tho 
wisdom  and  unanimity  of  our  national  councils,  the 
firmness  of  our  citizens,  and  the  patience  and  bravery 
of  our  troops,  which  have  produced  so  happy  a  tcrmi- 


844  THE   GOVERNMENTAL    HISTORY   OF 


I'AKT    IV.  THE    PERMANENT    UNION 


Washing-  nation  of  the  war,  as  the  most  conspicuous  effect  of  the 
ludionce    Divine  interposition,  and  the  surest  presage  of    our 


before  the  future  happiness. 

Aug.  26th,  "Higlilj  gratified  by  the  favorable  sentiments  which 
1783.  congress  are  pleased  to  express  of  my  past  conduct,  and 
amply  rewarded  by  the  confidence  and  affection  of  my 
to  the^ad-  fcllow-citizcns ;  I  cannot  hesitate  to  contribute  my  best 
iiro,ssofthegj^^jQjjyQj,g  towards   tlic  establishment  of  the  national 

prcsiueut. 

security  in  whatever  manner  the  sovereign  power  may 

think  proper  to   direct,  until  the  ratification   of   the 

definitive  treaty  of  peace,  or  the  final  evacuation  of  our 

Proposes    couiitry  1)}^  the  British  forces:     After  either  of  which 

to  retire     evciits,  I  shall  ask  permission  to  retire  to  the  peaceful 
to  private  '  /  '■ 

life.  shades  of  private  life. 

"Perhaps,  Sir,  no  occasion  may  offer  more  suitable 

than  the  present,  to  express  my  humble  thanks  to  God, 

and  my  grateful  acknowledgments  to  my  country,  for 

the  great  and  uniform  support  I  have  received  in  every 

vicissitude  of  fortune,  and  for  the  many  distinguished 

honors  which  congress  have  been  pleased  to  confer  upon 

me  in  the  course  of  the  war." 


The  Definitive  Treaty  was  executed  at  Paris  in  Sep- 
tember, 1783,  as  follows,  viz. : 

Definitive    DEFINITIVE    TREATY    BETWEEN    GrEAT    BRITAIN    AND    THE 

i^^^^y  United  States  op  America. 

between 

Great  u  j^  fj^g  fiame  of  the  Most  Holy  and  undivided  Trinity. 

the  u.  s.  A.  It  having  pleased  the  Divine  Providence  to  dispose  the 

Sept.,1783.  i^earts  of  the  most  serene  and  most  potent  prince  George 
the  third,  by  the  Grace  of  God,  king  of  Great  Britain, 
France  and  Ireland,  defender  of  the  faith,  Duke  of 
Brunswick  and  Lunenburg,  arch-treasurer  and  prince 

Preamble,  elector  of  the  holy  Roman  Empire,  &c.;  and  of  the 
United  States  of  America ;  to  forget  all  past  misunder- 
standings and  differences,  that  have  unhappily  inter- 
rupted the  good  correspondence  and  friendship  which 
they  mutually  wish  to  restore ;  and  to  establish  such  a 


THE  UNITED    STATES   OP   AMERICA.  845 

UNDER   THE    CONFEDERATION.  PaRT    IV. 

beneficial  and  satisfactory  intercourse  between  the  two  Definitive 
countries,  upon  the  ground  of  reciprocal  advantages  [[^^j^^.^pq 
and  mutual  convenience,  as  may  promote  and  secure  to  ^'''C'^t 

11  1    1        •  f>      Britain 

both  perpetual  peace  and  harmony ;  and  having,  for  and  the 
this  desirable  end,  already  laid  the  foundation  of  peace  g^|^-  ^-^ 
and  reconciliation,  by  the  provisional  articles  signed 
at  Paris,  on  tlie  thirtieth  of  November,  1782,  by  the  preamble, 
commissioners  empowered  on  each  part,  which  articles 
were  agreed  to  be  inserted  in,  and  to  constitute  the 
treaty  of  peace  proposed  to  be  concluded  between  the 
crown  of  Great  Britain  and  the  said  United  States,  but 
which  treaty  was  not  to  be  concluded  until  terms  of 
peace  should  be  agreed  upon  between  Great  Britain  and 
France,  and  his  Britannic  majesty  should  be  ready  to 
conclude  such  treaty  accordingly;  and  the  treaty  be- 
tween Great  Britain  and  France  having  since  been  con- 
cluded ;  His  Britannic  majesty  and  the  United  States 
of  America,  in  order  to  carry  into  full  effect  the  pro- 
visional articles  above  mentioned,  according  to  the  tenor 
thereof,  have  constituted  and  appointed  —  that  is  to  say 
— his  Britannic  majesty  on  his  part,  David  Hartley,  Names  of 
Esq.,  member  of  the  Parliament  of  Great  Britain;  and! 
the  said  United  States  on  their  part,  John  Adams,  Esq., 
late  a  commissioner  of  the  United  States  of  America, 
at  the  court  of  Versailles,  late  delegate  in  congress 
from  the  state  of  Massachusetts,  and  Chief  Justice  of 
the  said  state,  and  Minister  Plenipotentiary  of  the  said 
United  States  to  their  High  mightinesses  the  States- 
General  of  the  United  Netherlands — Benjamin  Frank- 
lin, Esq.,  late  delegate  in  congress  from  the  state  of 
Pennsylvania,  president  of  the  convention  of  the  said 
state,  and  Minister  Plenipotentiary  from  the  United 
S^tcs  of  America  at  the  court  of  Versailles ;  and  John 
Jay,  Esq.,  late  president  of  congress.  Chief  Justice  of 
the  state  of  New  York,  and  Minister  Plenipotentiary 
from  tlie  said  United  States  at  the  court  of  Madrid;  to 
be  the  Plenipotentiaries  for  concluding  aiul  signing  the 
present  Definitive  Treaty;  who,  after  having  recipro- 


comnns- 


846 


THE   GOVERNMENTAL    HISTORY   OP 


Part  IV. 


THE    PERMANENT    UNION 


Definitive 
treaty 
between 
Great 
Britain 
and  the 
U.  S.  A., 
Sept.,1783. 


Independ- 
ence of  the 
U.  S.  A. 
conceded. 


Precincts 
of  the 
U.  S.  A. 


cally  communicated  their  respective  full  powers,  have 
agreed  upon  and  confirmed  the  following  articles  : 

Article  I.  His  Britannic  Majesty  acknowledges  the 
said  United  States,  viz.,  New  Hampshire,  Massachu- 
setts Bay,  Rhode  Island  and  Providence  Plantations, 
Connecticut,  New  York,  New  Jersey,  Pennsylvania, 
Delaware,  Maryland,  Virginia,  North  Carolina, 
South  Carolina,  and  Georgia,  to  be  free,  sovereign, 
and  independent  states ;  that  he  treats  with  them  as 
such,  and  for  himself,  his  heirs  and  successors,  relin- 
quishes all  claims  to  the  government,  propriety,  and 
territorial  rights,  of  the  same,  and  every  part  thereof. 

Article  II.  And  that  all  disputes,  which  might  arise 
in  future,  on  the  subject  of  the  boundaries  of  the  said 
United  States,  may  be  prevented,  it  is  hereby  agreed 
and  declared,  that  the  following  are  and  shall  be  their 
boundaries,  viz.,  from  the  north-west  angle  of  Nova- 
Scotia,  viz.,  that  angle  which  is  formed  by  a  line 
drawn  due  north  from  the  source  of  St.  Croix  river  to 
the  highlands,  along  the  said  highlands,  which  divide 
those  rivers  which  empty  themselves  into  the  River  St. 
Lawrence  from  those  which  fall  into  the  Atlantic  Ocean, 
to  the  north-westernmost  head  of  Connecticut  River — 
thence  down  along  the  middle  of  that  river  to  the  forty- 
fifth  degree  of  north  latitude — from  thence  by  a  line 
due  west  on  said  latitude,  until  it  strikes  the  river  Iro- 
quois or  Cataraguy — thence  along  the  middle  of  the 
said  river  into  Lake  Ontario,  through  the  middle  of 
said  Lake  until  it  strikes  the  communication  by  water 
between  that  Lake  and  Lake  Erie — thence  along  the 
middle  of  said  communication  into  Lake  Eric,  through 
the  middle  of  said  Lake  until  it  arrives  at  the  water 
communication  between  that  Lake  and  Lake  Huron — 
thence  along  the  middle  of  said  water  communication — 
thence  through  the  middle  of  said  Lake  to  the  water 
communication  between  that  Lake  and  Lake  Supe- 
riour — thence  through  Lake  Superiour  northward  of 
the  Isles  Royal  and  Philipeaux  to  the  Long  Lake ;  thence 


THE   UNITED    STATES   OF   AMERICA.  847 


UNDER    THE    CONFEDKRATION.  PaRT    IV. 

through  the  middle  of  said  Long  Lake,  and  the  water  com-  Definitive 
munication  between  it  and  the  Lake  of  the  Woods  to  the  *[(fa^cJ,^^f. 
said  Lake  of  the  Woods — thence  througli  th§  said  Lake  tween 
to  the    most    north-western   point   thereof,  and   from  Britain 
thence  in  a  due  west  course  to  the  river  Mississippi —  t"*1*'^ 
thence  by  a  line  to  be  drawn  along  the  middle  of  the  Sept.  1783. 
said  river  Mississippi  until  it  shall  intersect  the  north- 
ernmost part  of  the  thirty-first  degree  of  north  lati- 
tude.    South,  by  a  line  to  be  drawn  due  east  from  the 
determination  of  the  line  last  mentioned  in  the  lati- 
tude of  thirty-one  degrees  north  of  the  equator,  to  the 
middle   of    the    river   Apalachicola   or   Catahouche — 
thence  along  the  middle  thereof  to  its  junction  with 
the  Flint  river — thence   straight  to  the  head  of   St. 
Mary's  river,  and  thence  down  along  the  middle  of  St. 
Mary's  river  to  the  Atlantic  Ocean.     East,  by  a  line  to 
be  drawn  along  the  middle  of  the  river  St.  Croix,  from 
its  mouth  in  the  Bay  of  Fundy,  to  its  source,  and  from 
its  source  directly  north  to    the  aforesaid  highlands, 
which  divide  the  rivers  that  fall  into  the  Atlantic  Ocean, 
from  those  which  fall  into  the  river  St.  Lawrence,  com- 
prehending all  islands  within  twenty  leagues  of  any 
part  of  the  shores  of  the  United  States,  and  lying  be- 
tween lines  to  be  drawn  due  east  from  the  points  where 
the  aforesaid  boundaries  between  Nova  Scotia  on  the 
one  part,  and  East  Florida  on  the  other,  shall  respect- 
ively touch  the  Bay  of  Fundy,  and  the  Atlantic  Ocean, 
excepting  such  islands  as  now  are,  or  heretofore  have 
been,  within  the  limits  of  the  said  Province  of  Nova 
Scotia. 

Article  III.  It  is  agreed,  that  the  people  of  the  Fisheries. 
United  States  shall  continue  to  enjoy,  unmolested,  the 
right  to  take  fish  of  every  kind  on  the  Grand  Bank, 
and  on  all  other  Banks  of  Newfoundland,  also  in  the 
Gulph  of  St.  Lawrence,  and  at  all  other  places  in  the 
sea,  where  the  inhabitants  of  both  countries  iised  at 
any  time  heretofore  to  fish.  And  also,  that  the  inhab- 
itants of  the  United  States  shall  have  liberty  to  take 


848  THE   GOVERNMENTAL    HISTORY   OF 

Part  IV.  the-  permanent  union 

Definitive  fisli  of  any  kiiid  upon  such  part  of  the  coast  of  New- 
*eTcJbl>-   foundland,  as  British  fishermen  shall  use   (but  not  to 
tween        dry  or  cure^the  same  on  that  Island),  and  also  on  the 
Britain       coasts,  bays,  and  creeks,  of  all  other  of  his  Britannic 
and  tiie      Majesty's  Dominions  in  America ;"  and  that  the  Amer- 
Sept.  1763.  lean  fishermen  shall  have  liberty  to  dry  and  cure  fish 
in  any  of  the  unsettled  bays,  harbours,  and  creeks  of 
Nova  Scotia,  Magdalen  Islands,  and  Labrador,  so  long 
as  the  same  shall  remain  unsettled  ;  but  so  soon  as  the. 
same  or  either  of  them  shall  be  settled,  it  shall  not  be 
lawful  for  the  said  fishermen  to  dry  or  cure  fish  at  such 
settlement,  without  a  previous  agreement  for  that  pur- 
pose with  the  inhabitants,  proprietors,  or  possessors  of 
the  ground. 
Collection       ARTICLE  lY.  It  IS  agreed,  that  the  creditors  on  either 
of  debts,    g.^g  ^-^^^^Yi  meet  with  no  lawful  impediment  to  the  recov- 
ery of  the  full  value,  in  sterling  money,  of  all  bona- 
fide  debts  heretofore  contracted. 
Restitution     ARTICLE  V.  It  IS  agreed,  that  congress  shall  earnestly 
cated    "'   recommend  it  to  the  legislatures  of  the  respective  states, 
estates.      ^q  provide  for  the  restitution  of  all  estates,  rights  and 
properties,  which  have  been  confiscated,  belonging  to 
real  British  subjects ;  and  also  of  the  estates,  rights, 
and  properties  of  persons  resident  in  districts  in  pos- 
session of  his  majesty's  arms,  and  who  have  not  borne 
arms  against  the  United  States ;  and  that  persons  of 
any  other  description  shall  have  free  liberty  to  go  to  any 
part  or  parts  of  the  Thirteen  United  States,  and  therein  to 
remain  twelve  months  unmolested,  in  their  endeavours 
to  obtain  the  restitution  of  such  of  their  estates,  rights, 
and  properties,  as  may  have  been  confiscated  :    And  that 
congress  shall  also  earnestly  recommend  to  the  several 
states,  a  reconsideration   and  revision   of  all  acts  or 
laws  respecting  the  premises,  so  as  to  render  the  said 
acts  or  laws  perfectly  consistent,  not  only  with  justice 
and  equity,  but  with  that  spirit  of  conciliation,  which 
on  the  return  of  the  blessings  of  peace,  should  univer- 
sally prevail :    And  that  congress  shall  also  earnestly 


THE   UNITED    STATES   OF   AMERICA.  849 

UNDER   THK    CONFEDERATION.  PaRT    IV. 

recommend  to  the  several  states,  that  the  estates,  Definitive 
rights,  and  properties,  of  such  last  mentioned  persons,  pg^fj!^,^^. 
shall  be  restored  to  them,  they  refunding  to  any  person  tween 

1        •  •  1        1  ^  1  •         Great 

who  may  now  be  in  possession,  the  bona-iide  price,  Britain 
(where  any  has  been  given,)  which  such  persons  may'^'^^^ 
have  paid,  on  purchasing  any  of  the  said  lands,  rights,  Sept.  1783. 
or  properties,  since  the  confiscation.     And  it  is  agreed, 
that  all  persons,  who  may  have  any  interest  in  confis- 
cated lands,  either  by  debts,  marriage  settlements,  or 
otherwise,  shall  meet  with  no  lawful  impediment  in  the 
prosecution  of  their  just  rights. 

Article  VI.   That  there  shall  he  no  future  canftsca-^^'^^^^^ 

.        tions  and 

tions  made,  nor  any  prosecutions  commenced,  against  confisca- 
any  person  or  persons,  for,  or  by  reason  of,  the  part  ^^^^^' 
which  he  or  they  may  have  taken  in  the  present  war ; 
and  that  no  person  shall,  on  that  account,  suifer  any 
further  loss  or  damage,  either  in  his  person,  liberty,  or 
property ;  and  that  those  who  may  be  in  confinement 
on  such  charges,  at  the  time  of  tlie  ratification  of  the 
treaty  in  America,  shall  be  immediately  set  at  liberty, 
and  the  prosecution  so  commenced,  be  discontinued. 

Article  VII.    T/iere  shall  be  a  firm  and  perpetual  FeTipetnal 
peace  between  his  Britannic  majesty  and  the  said  states,  P*^'^^'^* 
and  between  the  subjects  of  the  one  and  the  citizens  of 
the  other :  AVherefore  all  hostilities,  both  by  sea  and 
land,  shall  from  henceforth  cease  ;  all  prisoners  on  both 
sides  shall  be  set  at  liberty  ;  and  his  Britannic  majesty  Withdraw- 
shall,  with  all  convenient  speed,  and  without  causing  gj.j°jgj^^^ 
any  destruction,  or  carrying  away  any  negroes,  or  other  forces, 
property,  of  the  American  inhabitants,  withdraw  all  his 
armies,   garrisons,  and   fleets,   from   the  said   United 
States,  and  from  every  post,  place  and  harbour,  within 
the  same,  leaving  in  all  fortifications  the  American  artil- 
lery that  maybe  therein:    And  shall  also  order  and^'^^tora- 
cause  all  archives,  records,  deeds  and  papers,  belonging  records, 
to  any  of  the  said  states,  or  their  citizens,  which,  in  ^^^*^'  ^^^' 
the   course    of    the    war,   may   have   fallen    into   the 
hands  of  his  officers,  to  be  forthwith  restored,  and  de- 
54 


850  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the   permanent  union 

Definitive  livered  to  the  proper  states  and  persons  to  whom  they 

tween  ARTICLE  VIII.    TIte  navigation  of  the  river  Mississip- 

Britain  pi,  from  its  source  to  the  ocean,  shall  forever  remain  free 
^^^J^l  ^^d  open  to  the  subjects  of  Great  Britain  and  the  citi- 
Sept!  1783.  zens  of  the  United  States. 

Restora-         ARTICLE  IX.   In  casc  it  should  so  happen  that  any 
pia'ce^^cap-  V^^^^  ^^  territory  belonging  to  Great  Britain,  or  to  the 
tured  after  United  States,  should  have  been  conquered  by  the  arms 
of  either  from  the  other,  before  the  arrival  of  the  said 
jn'ovisional  articles  in  America,  it  is  agreed,  that  the 
same  shall  be  restored  without  difficulty,  and  without 
requiring  compensation. 
Ratifica-         ARTICLE  X.   The  solemn  ratification  of  the  present 
exchange,  treaty,  expedited  in  good  and  due  form,  shall  be  ex- 
changed between  the  contracting  parties  in  the  space 
of  six  months,  or  sooner,  if  possible,  to  be  computed 
from  the  day  of  the  signature  of  the  present  treaty. 
Seeratifi-       In  witness  whereof,  we,  the  undersigned,  their  Minis- 
p^857'       *^^"^  Plenipotentiary,  have,  in  their  name,  and  in  virtue 
post.         of  our  full  powers,  signed  with  our  hands  the  present 
Definitive  Treaty,  and  caused  the  seals  of  our  arms 
to  be  affixed  thereto.     Done  at  Paris,  September  3d, 
1783. 


L.  S. 

David  Hartley, 

L.  S. 

John  Adams, 

L.  S. 

B.  Franklin, 

L.  S. 

John  Jay. 

Thejubilee  Tlic  British  troops  evacuated  November  25th,  1783, 
can  i'nde-"  ^^^^  \^Q^^Q  and  thus  terminated  the  American  Revolution, 
pendence,      Thus  was  consummated  the  great  work  of  our  national 

1783 

conception  and  deliverance.  It  was  the  trium])h  of  rea- 
son over  passion ;  of  justice  over  prejudice ;  of  humanity 
over  oppression,  cruelty,  and  wrong ;  and  of  religion 
over  all.  It  introduced  the  brightest,  and,  save  one 
yet  to  come,  the  most  important  epoch  in  our  govern- 
mental history.     It  established  the  United  States  of 


THE   UNITED   STATES   OF   AMERICA.  851 


UNDER    THE    CONFEDEKATION.  PaRT    IV. 


America  upon  as  solid  a  basis  of  sovereignty  as  that  The  jubilee 
which  sustained  any  of   the   monarchies  of  Europe.  ^^  4'"'^"" 

•'  i       can  inde- 

1  he  event  was  hailed  with  jubilant  exultation  by  mill-  pendence, 
ions  of  rejoicing  hearts  on  both  sides  of  the  Atlantic.  ^'^^' 
It  elevated  the  hopes  of  humanity  everywhere,  ener- 
gized desponding  nations,  and  gave  assurances  to 
mankind  of  years  of  freedom,  prosperity,  happiness, 
and  plenty,  such  as  the  world  had  never  before  known. 
The  morning  stars  again  sang  together,  and  all  the 
intelligent  universe  of  God  shouted  for  joy,  to  see  the 
new-born  Confederacy  take  its  place  in  the  great  family 
of  nations,  a  recognized,  distinctive,  independent  and 
sovereign  Power  on  Earth. 

It  was  fitting,  as  well  as  characteristic,  that  those 
great  and  good  men  of  the  Congress,  whose  work  it 
was,  with  the  venerated  Commander-in-chief  of  their 
armies  in  consultation,  should,  in  this  the  very  flush  of 
their  triumph,  publicly  avow  their  faith  in  that  religion 
whose  elements  of  freedom  were  the  basis  of  their 
liberty  and  their  independence. 

In  October,  1783,  Mr.  Duane,  Mr.  S.  Hunting-ton,  committee 
and  Mr.  Holten,  were  appointed  a  committee  "to  pre- on  a  proc- 
pare  a  proclamation  for  a  day  of  thanksgiving."  They  for  a  gene- 
reported  a  draft  on  the  eighteenth,  which  was  read '''^^^^^°'^^* 

^  '  giving. 

before  the  congress,  and  agreed  to,  as  follows : 

"  By  THE  United  States  in  Congress  assembled, 

A  Proclamation. 
""Whereas,  it  hath  pleased  the  Supreme  Ruler  of  allProckma- 
human  events,  to  dispose  the  hearts  of  the  late  bcllig- 1'°"^^^  * 
ercnt  powers  to  put  a  period  to  the  effusion  of  human  thanksgiv- 
blood,  by  proclaiming  a  cessation  of  all  hostilities  bycong/ess,^ 
sea  and  land;  and  these  United  States  are  not  onlvPi'h^®*^' 

•'     1  (  00. 

happily  rescued  from  the  dangers  and  calamities  to 
which  they  have  been  so  long  exposed ;  but  their  free-  Rccogni- 
dom,  sovereignty,   and    independence   ultimately   ac- Jpedaf  i?-^ 
knowlcdgcd  :  And  avhereas,  in  tlie  progress  of  a  con-t"?''vcntion 
test  on  which  the  most  essential  rights  of  human  na-  jence. 


852 


THE  GOVERNMENTAL    HISTORY  OP 


Part  IV. 


THE    PERMANENT    UNION 


Proclama-  ture  depended,  the  interposition  of  Divine  Providence 
*^^eneral  "^  ^^^^'  favor  liatli  been  most  abundantly  and  most  gra- 
thanksgiv-  cioiislj  manifested,  and  the  citizens  of  these  United 
con^TCss*^  States  have  every  reason  for  praise  and  gratitude  to 
Oct.  18th,  ii^Q  Qq(J  of  their  salvation:  Impressed  therefore  with  an 
exalted  sense  of  the  blessings  by  which  we  are  sur- 
rounded, and  of  our  entire  dependence  on  that  Al- 
mighty Being  from  whose  goodness  and  bounty  they 
are  derived,  The  United  States  in  Congress  assembled, 
do  recommend  it  to  the  several  states,  to  set  apart  the 
second  Thursday  in  December  next  as  a  day  of  Public 
Thanksgiving ;  that  all  the  people  may  then  assemble 
to  celebrate  with  grateful  hearts  and  united  voices,  the 
praises  of  their  Supreme  and  All-bountiful  Benefactor, 
for  His  numberless  favors  and  mercies.  That  He  hath 
been  pleased  to  conduct  us  in  safety  through  all  the 
perils  and  vicissitudes  of  the  war ;  that  He  hath  given 
us  unanimity  and  resolution  to  adhere  to  our  just 
rights ;  that  He  hath  raised  up  a  powerful  ally  to  assist 
us  in  supporting  them,  and  hath  so  far  crowned  our 
united  efforts  with  success,  that  in  the  course  of  the 
present  year  hostilities  have  ceased,  and  we  are  left  in 
the  undisputed  possession  of  our  liberty  and  independ- 
ence, and  of  the  fruits  of  our  land,  and  in  the  free  par- 
ticipation of  the  treasures  of  the  sea;  that  He  hath 
prospered  the  labour  of  our  husbandmen  with  plentiful 
Recogni-    harvests  ;  and  above  all,  that  He  hath  been  pleased  to 


Their  na- 
tional 
blessings. 


Protectant  Continue  to  us  the  light  of  the  blessed  Gospel,  and  se- 
Christian-  cured  to  US  in  the  fullest  extent  the  rights  of  conscience 

in  faith  and  worship. 
Appeal  for     ^^ And  ivliile  our  hearts  overflow  with  gratitude,  and 
protection  ^ur  lips  set  forth  the  praises  of  our  great  Creator,  that 
and  guid-   we  also  offer  up  fervent  supplications,  that  it  may  please 
*''°'^'         Him  to  pardon  all  our  offences,  to  give  wisdom  and 
unanimity  to  our  public  councils,  to  cement  the  hearts 
of  all  our  citizens  in  the  bonds  of  affection,  and  to  in- 
spire them  with  an  earnest  regard  for  the  national 
honor  and  interest;  to  enable  them  to  improve  the 


THE   UxMTED    STATES  OF  AMERICA.  853 

UNDER    THE    CONFEDERATION.  PaRT  IV. 

days  of  prosperity  by  every  good  work,  and  to  be  lov- piodama- 
ers  of  peace  and  tranquillity;  that  He  may  be  pleased ^'^^jj^,,^^ *® 
to  bless  us  iu  our  husbandry,  our  commerce  and  navi- tii^bauding 
gation ;  to  smile  upon  our  seminaries  and  means  of  oct.  i8th 
education ;  to  cause  pure  religion  and  virtue  to  flour-  ^'^^S- 
ish,  to  give  peace  to  all  nations,  and  to  fill  the  world 
with  Ilis  glory. 

"Done  bi/  the  United  States  in  Congress  assembled. 
Witness  His  Excellency  Elias  Boudinot,  our  President, 
this  eighteenth  day  of  October,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  eighty-three,  and  of 
the  sovereignty  and  independence  of  the  United  States 
of  America,  the  eift-hth." 


"By  the  United  States  in  Congress  assembled, 
A  Proclamation. 

"  Whereas,  in  the  progress  of  an  arduous  and  diffi- Patriotism 

of  the 
armies. 


cult  war,  the  armies  of  the  United  States  of  America^  *  ® 


have  eminently  displayed  every  military  and  patriotic 
virtue,  and  are  not  less  to  be  applauded  for  their  forti- 
tude and  magnanimity  in  the  most  trying  scenes  of 
distress,  than  for  a  series  of  heroic  and  illustrious 
achievements,  which  exalt  them  to  a  high  rank  among 
the  most  zealous  and  successful  defenders  of  the  rights 
and  liberties  of  mankind  ;  And  whereas,  b?/  the  blessing-  Recogni- 
of  Divine  Providence  on  our  cause  and  our  arms,  the^'^^^^^ 

...  Provi- 

glorious  period  is  arrived  when  our  national  independ- dence. 
encc  and  sovereignty  are  established,  and  we  enjoy  the 
prospect  of  a  permanent  and   honorable   peace :    "We 
therefore,  the  United   States   in  Congress   assembled, 
thus  impressed  with  a  lively  sense  of  the  distinguished 
merit  and  good  conduct  of  the  said  armies,  do  give  Thanks  to 
them  the  thanks  of  their  country,  for  their  long,  emi-  army! 
nent,  and  faithful   services :    And   it   is  our  will  and 
pleasure,  that  such  part  of  the  federal  armies  as  stands 
engaged  to  serve  during  the  war,  and  as  by  our  acts 
of  the  twenty-sixth  day  of  May,  the  eleventh  day  of 
June,  the  ninth  day  of  August,  and  the  twenty-sixth 


854  THE  GOVERNMENTAL   HISTORY  OP 

Part  IV.  the  permanent  union 

Proclama-  day  of  September  last,  were  furloughed,  shall,  from 
tionbythe  1^  after  the  third  day  of  November  next,  be  abso- 
disbanding  lately  discharged,  by  virtue  of  this  our  proclamation, 
Oct.^i8tb,  fi'om  the  said  service. 

1783.  ^^And  we  do  also  declare,  that  the  further  services  in 

Officers      the  field,  of  the  officers  who  are  deranged  and  on  fur- 

f^*^"^fur    ^ough,  in  consequence  of  our  aforesaid  acts,  can  now 

ther  serv-  he  dispensed  with ;  and  they  have  our  full  permission 

to  retire  from  service  without  being  longer  liable,  from 

their  present  engagements,  to  be  called  into  command. 

And  of  such  discharge  and  permission  to  retire  from 

service  respectively,  all  our  officers,  civil  and  military, 

and  all  others  whom  it  may  concern,  are  required  to 

take  notice,  and  to  govern  themselves  accordingly. 

"  Given  under  the  seal  of  the  United  States,  in  Con- 
gress assembled.  Witness  his  Excellency,  Elias  Bou- 
dinot,  our  President,  in  Congress,  this  eighteenth  day 
of  October,  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  eighty-three,  and  of  the  sovereignty 
and  independence  of  the  United  States  of  America, 
the  eighth." 


Washing-       Among  the  crowd  of  distinguished  and  great  men 
ton  sur-     ^]^Q  floured  so  conspicuously  in  these  closing  scenes  in 

renders  his  °  „  V»         i      •  i  •  i 

commis-  the  tragedy  of  our  Revolution,  there  is  no  one  whose 
congress'"  ^^^^  ^^^^  utterances  so  much  interest  our  attention  and 
Dec,  1V83.  elicit  our  admiration,  as  those  of  George  Washington. 
There  is  something  so  peculiarly  symmetrical  and  sub- 
lime in  the  character  and  career  of  this  most  wonder- 
ful of  men,  that  everything  he  does  compels  veneration, 
and  everything  he  says  seems  to  carry  with  it  the  influ- 
ence and  the  force  of  inspiration.  The  war  being  now 
entirely  over,  hostilities  having  utterly  ceased,  the  for- 
ces of  Great  Britain  being  withdrawn,  and  the  Ameri- 
can army  disbanded,  he  repairs  to  Annapolis  to  sur- 
render back  to  the  Congress  the  commission  which 
clothed  him  with  military  power.  Young  America! 
behold  the  man,  and  emulate  his  great  example. 


THE   UNITED    STATES   OF   AMERICA.  855 

UNDER    THE    COXFKDERATION.  PaRT    IV. 

He  does  not  abruptly  send  in  his  commission  and  his  Character- 
resignation,  to  the  congress,  as  if  he  had  a  right  to 'j'^'^j^  ^^^ "'' 
tender  and  they  were  bound  to  accept  them ;  but,  in  ti>e  sur- 
modest  and  respectful  mien,  he  stands  afar  off,  and  in- 
forms them  of  his  "  arrival  in  the  city,  with  the  inten- 
tion of  askbig  leave  to  resign  the  commission  he  has 
the  honor  of  holding  in  their  service."     He  does  not 
consult  his  own  will,  or  pleasure,  or  convenience,  as  to 
the  manner  of  doing  it ;  but  "  desires  to  know  their 
pleasure,  in  what  manner  it  will  be  most  proper  to 
offer  his  resignation ;   whether   in  writing,  or  at  an 
audience  ?" 

On  receipt  of  the  letter,  after  it  was  read,  the  Congress  Saturday, 

'"'■Resolved,  That  his  excellency,  the  commander-in- ^^^' ^^''^ 
chief,  be  admitted  to  a  public  audience,  on  Tuesday 
next,  at  twelve  o'clock ;  and,  that  a  public  entertain- 
ment be  given  to  the  commander-in-chief,  on  Monday 
next." 

On  Tuesday,  December  twenty-third,  according  to  is  admit- 
order,  his  excellency  was  admitted  to  a  public  audience  ^^^^{^^  ^u- 
in  congress  ;  and  being  seated,  the  president,  after  a  dience  in 
pause,  informed  him  that  the  United  States  in  Congress  ^ec? 23d'. 
assembled,  were  prepared  to  receive  his  communica- 
tions ;  whereupon  he  arose  and  addressed  the  congress, 
as  follows,  viz. : 

"  Mr.  President  : 

"  The  great  events  on  which  my  resignation  depended  His  ad- 
having  at  length  taken  place,  I  have  now  the  honor  of  con^reas 
offering  my  sincere  congratulations  to  congress,  and  of  on  the  oc- 
presenting  myself  before  them,  to  surrender  into  their 
hands  the  trust  committed  to  me,  and  to  claim  the  indul- 
gence of  retiring   from   the   service    of   my  country. 
Happy  in  the  confirmation  of  our  independence  and 
sovereignty,  and  pleased  with  the  opportunity  afforded 
the  United  States,  of  becoming  a  respectable  nation,  I 
resign  with   satisfaction,  the  appointment   I   accepted 
with  diffidence  ;  a  diffidence  in  my  abilities  to  accom- 
plish so  arduous  a  task ;  which,  however,  was  super- 


85'6 


THE   GOVERNMENTAL   HISTORY   OF 


Part  IV. 


THE    PERMANENT    UNION 


WaSilii;g- 

ton  sur- 
rtrnders  his 
commis- 
sion to  con- 
gress, Dec. 
23d,  1783. 


His  ad- 
dress on 
the  occa- 
sion. 


The  presi- 
dent's an- 
swer to 
Washing- 
ton's 
iiddress. 


seded  by  a  confidence  in  the  rectitude  of  our  cause, 
the  support  of  the  supreme  power  of  the  union,  and 
the  patronage  of  Heaven. 

"  The  successful  termination  of  the  war  has  verified 
the  most  sanguine  expectations ;  and  my  gratitude  for 
the  interposition  of  Providence,  and  the  assistance  I 
have  received  from  my  countrymen,  increases  with 
every  review  of  the  momentous  contest. 

"  Wliile  I  repeat  my  obhgations  to  the  army  in  gen- 
eral, I  should  do  injustice  to  my  own  feelings  not  to  ac- 
knowledge, in  this  place,  the  peculiar  services  and  dis- 
tinguished merits  of  the  gentlemen  who  have  been 
attached  to  my  person  during  the  war.  It  was  impos- 
sible the  choice  of  confidential  officers  to  compose  my 
family  should  have  been  more  fortunate.  Permit  me, 
sir,  to  recommend  in  particular,  those  who  have  con- 
tinued in  the  service  to  the  present  moment,  as  worthy 
of  the  favoi'able  notice  and  patronage  of  congress. 

"  I  consider  it  an  indispensable  duty  to  close  this  last 
act  of  my  official  life,  by  commending  the  interests  of 
our  dearest  country  to  the  protection  of  Almighty  God  ; 
and  those  who  have  the  superintendence  of  them  to 
His  holy  keeping. 

"  Having  now  finished  the  work  assigned  me,  I  retire 
from  the  great  theatre  of  action,  and  bidding  an  affec- 
tionate farewell  to  this  august  body,  under  whose  orders 
I  have  so  long  acted,  I  here  offer  my  commission  and 
take  my  leave  of  all  the  employments  of  public  life." 

He  then  advanced  and  delivered  to  the  president  his 
commission  with  a  copy  of  his  address,  and  having 
resumed  his  place,  the  president  returned  him  the  fol- 
lowing answer : 

"Sir: 

"!Z7ie  United  States  in  congress  assembled  receive, 
with  emotions  too  affecting  for  utterance,  the  solemn 
resignation  of  the  authorities  under  which  you  have 
led  their  troops  with  success  through  a  perilous  and  a 
doubtful  war.     Called  upon  by  your  country  to  defend 


THE    UNITED    STATES   OP    AMERICA.  857 

XTNUKR   THE    CONFEDERATION.  PaRT   IY. 

its  invaded   rights,   you   accepted   the   sacred  charge  Washing- 
bcforc  it  had  formed  alliances,  and  whilst  it  was  with-  ]?'^  ''"!'''c'i- 

'  deiri  hig 

out  funds,  or  a  government,  to  support  you.     You  have  tomiuis- 
conducted  the  great  military  contest  with  wisdom  and  „,.cgs  ^ec' 
fortitude,  invariably  regarding  the  rights  of  the  civil  -^^'  i'^^^- 
power  through   all  disasters  and  changes.     You  have 
by  the   love   and  confidence   of   your   fellow-citizens, 
enabled  them  to  display  their  martial  genius,  and  trans- 
mit their  fame  to  posterity.     You  Have  persevered,  till 
these  United  States,  aided  by  a  magnanimous  king  and 
nation,  have  been  enabled,  under  a  just  Providence,  to 
close  the  war  in  freedom,  safety,  and  independence  ;  on 
which  happy  event  we  sincerely  join  you  in  congratu- 
lations. 

"  Having  defended   the  standard  of  liberty  in  this 
New  World  ;  having  taught  a  lesson  useful  to  those  The  presi- 
who  inflict  and  to  those  who  feel  oppression,  you  retire  j,^^."j.^jj^"" 
from  the  great  theatre  of  action  with  the  blessings  of  Washing- 
your  fellow-citizens  ;  but  the  glory  of  your  virtues  will  dress. 
not  terminate  with  your  military  command,  it  will  con- 
tinue to  animate  remotest  ages. 

"  We  feel,  with  you,  our  obligations  to  the  army  in 
general,  and  will  particularly  charge  ourselves  with  the 
interests  of  those  confidential  officers  who  have  attended 
your  person  to  this  affecting  moment. 

"  We  join  you  in  commending  the  interests  of  our 
dearest  country  to  the  protection  of  Almighty  God, 
beseeching  Him  to  dispose  the  hearts  and  minds  of  its 
citizens  to  improve  the  opportunity  afibrded  them  of 
becoming  a  happy  and  respectable  nation  :  And,  for 
you,  we  address  to  Him  our  earnest  prayers,  that  a  life 
so  beloved  may  be  fostered  with  all  His  care  ;  that  your 
days  may  be  happy  as  they  have  been  illustrious  ;  and 
that  He  will  finally  give  you  that  reward  which  this 
world  cannot  give." 


Ratiftcation  op  the  Definitive  Treaty. 
On  the  fourteenth  day  of  January,  1784,  the  Congress 


858 


THE   GOVERNMENTAL   HISTORY   OF 


Part  IV. 


THE    PERMANENT    UNION 


Form  of 
ratifica- 
tion. 


Ratifica-  took  up  the  Consideration  of  the  report  of  the  commit- 
Definltive*^  tee— Consisting  of  Mr.  Jefferson,  Mr.  Gerry,  Mr.  Ellery, 
Treaty  Mr.  Read,  and  Mr.  Hawkins — to  whom  were  referred 
Britain^ljy  ^hc  Definitive  Treaty  of  peace  between  the  United  States 
the  con-  of  America  and  his  Britannic  Majesty,  and  the  joint  let- 
i4th,'i'?8'i.  ter  of  the  tenth  of  September,  from  Mr.  Adams,  Mr. 
Frankhn,  and  Mr.  Jay,  and 

"  Resolved  unanimously,  nine  states  being  present, 
that  tlie  said  Definitive  Treaty  be,  and  the  same  is 
hereby,  ratified  by  the  United  States  in  Congress  as- 
sembled, in  the  form  following,  to  wit : 

"  The  United  States  in  Congress  asseimbled  : 

"  To  all  persons  to  whom  these  presents  shall  come, 
greeting;:  Whereas  definitive,  articles  of  peace  and 
friendship  between  the  United  States  of  America  and 
his  Britannic  Majesty,  were  concluded  and  signed  at 
Paris,  on  the  third  day  of  September,  1783,  by  the 
Plenipotentiaries  of  the  said  United  States,  and  of  his 
said  Britannic  Majesty,  duly  and  respectively  authorized 
for  that  purpose  ;  which  definitive  articles  are  in  the 
w^ords  follo'wdng  (articles  inserted  at  length).* 

"  Now  know  ye,  that  we  the  United  States  in  con- 
gress assembled,  having  seen  and  considered  the  defini- 
tive articles  aforesaid,  have  approved,  ratified  and  con- 
firmed, and  by  these  presents  do  approve,  ratify  and  con- 
firm, the  said  articles,  and  every  part  and  clause  thereof, 
engaging  and  promising,  that  we  will  sincerely  and 
faithfully  perform  and  observe  the  same,  and  never  suf- 
fer them  to  be  violated  by  any  one,  or  transgressed  in 
any  manner,  as  far  as  lies  in  our  power. 

"/Ai  testimony  ivhereof,  we  have  caused  the  seal  of  the 
United  States  to  be  hereunto  affixed. 

u  "W'itness  His  Excellency  Thomas  Mifflin,  President, 
this  fourteenth  day  of  January,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  eighty-four ;  and  in 
the  eighth  year  of  the  sovereignty  and  independence  of 
the  United  States  of  America." 


♦Seethe 
articles, 
ante, 
p.  844. 


TOE   UNITED   STATES   OF   AMERICA.  859 

UNDER    THE    CONFEDERATION.  PaKT    IV. 

"Resolved,  That  the  said  ratification  be  transmitted  Resoiu- 
with  all  possible  dispatch,  under  the  care  of  a  faithful  [.'^"na'lf  ^Js 
person,  to  our  ministers  In  France,  who  have  negotiated 
the  treaty,  to  be  exchanged. 

"  Resolved,  That  a  proclamation   be   immediately  Resolution 
issued,  notifying  the  said  Definitive  Treaty  and  ratifica-^"'"  ^V^°^' 
tion  to  the  several  states  of  the  Union,  and  requiring 
their  observance  thereof,  in  the  form  following : 

"By  the  United  States  in  Congress  assembled, 
A  Proclamation. 

"  Whereas  Definitive  Articles  of  peace  and  friendship -prochma,- 
between  the  United  States  of  America  and  his  Britannic  '^'°"  ^^^'  ^^® 

congress 

Majesty,  were  concluded  and  signed  at  Paris,  on  the  on  the  rati- 
third  day  of  September,  1783,  by  the  plenipotentiaries  ^he  defin'i- 
of  the  said  United  States  and  of  his  said  Britannic  Maj-  tive  treaty, 
esty,  duly  and  respectively  authorized  lor  that  purpose  ;  nss. 
which  definitive  articles  are  in  these  words,  (articles  in- 
serted at  length.)    And  ive,  the  United  States  in  Congress 
assembled^  having  seen  and  considered  the  definitive 
articles  aforesaid,  did,  by  a  certain  act  under  the  seal 
of  the  United  States,  bearing  date  this  fourteenth  day  344. 
of  January,  1784,  approve,  ratify  and  confii-m  the  same, 
and  every  part  and  clause  thereof,  engaging  and  prom- 
ising that  we  would  sincerely  and  faithfully  perform  and 
observe  the  same,  and  never  sufier  them  to  be  violated 
by  any  one,  or  transgressed   in  any  manner,  as  far  as 
should  be  in  our  power  ;  And  being  sincerely  disposed 
to  carry  the  said  articles  into  execution,  truly,  honestly, 
and  with  good  faith,  according  to  the  intent  and  mean- 
ing thereof ;   We  have  thought  proper  by  these  presents 
to  notify  the  premises  to  all  the  good  citizens  of  these 
United  States ;  hereby  requiring  and  enjoining  all  bodies 
of  Magistracy,  Legislative,  Executive,  and  Judiciary ;  all 
persons  bearing  office,  civil   or   military,  of  whatever 
rank,  degree  or  powers ;  and  all  others  the  good  citi- 
zens of  these   states,  of  every  vocation  and  condition, 
that   reverencing  those   stipulations   entered  into  on 


860  THE  GOVERNMENTAL  HISTORY  OF 

Part  IV.  the  permanent  union 

Prociama-  their  behalf,  under  the  authority  of  that  Federal  Bond, 
nuifiS-^'*^  by  which  their  existence  as  an  independent  people  is 
tion  of  the  bouud  up  together,  and  is  kfiown  and  acknowledged 
TreaTy,"^*^  by  the  nations  of  the  world ;  and  with  that  good  faith 
1784  ^^^^'  which  is  every  man's  surest  guide  ;  within  their  several 
offices,  jurisdictions  and  vocations,  they  carry  into  effect 
the  said  Definitive  Articles  and  every  clause  and  sen- 
tence thereof,  sincerely,  strictly,  and  completely. 
"Given  under  the  seal  of  the  United  States:     Witness 
His  Excellency  Thomas  Mifflin,  our  President,  at 
Annapolis,  this  fourteenth   day  of  January,  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and 
eighty-four:     And  of  the  sovereignty  and  independ- 
ence of  the  United  States  of  Anjerica,  the  eighth. 
Accompa-      "RESOLVED,  unanimously,  nine  states  being  present, 
commend-  Tluit  it  be,  and  it  is  hereby  earnestly  recommended  to 
th  ^stat  s  ^^^^  legislatures  of  the  respective  states,  to  provide  for 
and  people  the  restitution  of   all   estates,  rights  and   properties, 
U.  S.  A.     which  have  been  confiscated,  belonging  to  real  British 
subjects;  and  also  of  the  estates,  rights  and  properties 
of  persons  resident  in  districts,  which  were  in  posses- 
sion of  his  Britannic  majesty's  arms,  at  any  time  be- 
tween the  30th  day  of  November,  1782,  and  the  14tli 
day  of  January,  1784,  and  who  have   not  borne  arms 
against  the  said  United  States ;  and  that  persons   of 
any  other  description,  shall  have  free  liberty  to  go  to 
any  part  or  parts  of  any  of  the  thirteen  United  States, 
and  therein  to  remain  twelve  months   unmolested  in 
their  endeavors  to  obtain  the   restitution  of  such  of 
their  estates,  rights  and  properties  as  may  have  been 
confiscated. 
To  make        ^^And  it  is  also  hereby  earnesthj  recommended  to  the 

their  laws  ^  ^  n     i     • 

conforma-  several  states,  to  reconsider  and  revise  all  their  acts  or 
^^*  laws  regarding  the  premises,  so  as  to  render  the  said 

laws  or  acts  perfectly  consistent  not  only  with  justice 
and  equity,  but  with  that  spirit  of  conciliation,  which 
on  the  return  of  the  blessings  of  peace  should  univer- 
sally prevail. 


THE  UNITED   STATES  OP   AMERICA.  861 

UNDER    THE    CONFEDERATION.  pART    IV. 

'■'-And  it  is  hereby  also  earnestly  recommejuled  to  the  Restom- 
several  states,  that  the  estates,  rights  aud  properties,  of  fi^clted*^"" 
such  last  mentioned  persons,  should  be  restored  to  them,  estates, 
they  refunding  to  any  persons  who  may  be  now  in  pos- 
session, the  bona-fide  price  (where  any  has  been  given) 
which  such  persons  may  have  paid  on  purchasing  any 
of  the  said  lands,  rights,  or  properties,  since  the  confis- 
cation." 

"  Ordered,  That  a  copy  of  the  proclamation  of  this  Resolution 
date,  together  with  the  recommendation,  be  transmitted  ^^^^' 
to  the  several  states  by  the  Secretary." 


On  the  third  day  of  June,  1784,  congress  adjourned.  Provision 
pursuant  to  a  prevl'ous  resolution,  to  meet  at  Trenton,  ^^^1^^^^^ 
in  New  Jersey,  on  the  thirtieth  day  of  October  then 
next:     /bid  on  the  twenty-third  day  of  October  of  the 
same  year,  at  Trenton,  the  following  ordinance  was 
passed,  viz. : 

"Be  IT  ORDAINED,  by  the  United  States  in  Cong-ress Gommis- 
assembled,  that  three  commissioners  be  appointed  '^ith  [j'°[|p^^^jj^^. 
full  power  to  lay  out  a  district  of  not  less  than  two  nored. 
exceeding  three  miles  square,  on  the  banks  of  either 
side  of  the  Delaware,  not  more  than  eight  miles  above 
or  below  the  lower  falls  thereof,  for  a  federal  town. 
That  they  be  authorized  to  purchase  the  soil  or  such  Their  au- 
part  of  it  as  they  may  judge  necessary,  to  be  paid  at^^^'^^^,^^"^ 
proper  installments ;  to  enter  into  contracts  for  erecting 
and  completing,  in  an  elegant  manner,  a  federal  house 
for  the  accommodation  of  congress,  and  for  the  execu- 
tive offices  thereof:     A  house  for  the  use  of  the  presi-  Public  de- 
dent  of  congress;  and  suitable  buildings  for  the  resi- P^"^*"^^^*^' 
dence  of  the  secretary  of  foreign  affairs;  secretary  at 
w^ar;  secretary  of  congress;  secretary  of  the  marine; 
and  officers  of  the  treasury:      That  the  said  commissionr 
ers  be  empowered  to  draw  on  the  treasury  of  the  United 
States  for  a  sum  not  exceeding  one  hundred  thousand 
dollars  for  the  purpose  aforesaid:     Tliat  in  choosing  a 
situation  for  the  buildings,  due  regard  be  had  to  the 


862  THE  GOVEKNMENTAL  HISTORY   OF 

Part  IV.  the  permanent  union 

The  con-  accommodation  of  the  states  with  lots  for  houses,  for 
Sjourned  the  iisc  of  tlicir  delegates  respectively:  That  on  the 
to  meet      twenty-fourth  day  ot  December  instant,  congress  stand 

thereafter       ,.  _  ,    ,i        r^-,         ^  xt         -xt     i  i 

in  New       adjourned  to  meet  at  the  City  oi  JNew  York,  on  the 
York  City,  eleventh  day  of  January  following,  for  dispatch  of  pub- 
lic business,  and  that  the  sessions  of  congress  be  held 
at  the  place  last  mentioned,  until  the  buildings  afore- 
said shall  be  ready  for  their  reception:     Done,  <fec. 

^^ December  24:tk,  1784.  The  congress  adjourned ;  to 
meet  in  the  City  of  New  York,  on  the  eleventh  day  of 
January,  1785. 


The  Compact  of  the  Confederation, 

The  com-  Under  which  the  colonies  became  states,  and  their  union 
confedera-^  as  a  nation  was  made  perpetual,  proved  utterly  defect- 
tion.  jye  as  the  basis  of  a  national  administration.     There 

The  gov-  was  no  new  organization  of  the  general  government  un- 
erument     ^^^  -^  qH^qy  than  the  appointment  of  secretaries  for  the 

under  it.  '  ^  ^  _ 

different  departments,  who  stood  in  the  relation  of  spe- 
cial committees  appointed  by  congress,  for  the  regula- 
tion of  the  foreign  and  home  departments  in  the  admin- 
istration of  public  affairs.  Their  responsibilities  and 
duties  were  defined  and  limited  more  by  the  current 
exigences  of  the  day,  than  by  any  specific  delegation,  or 
distribution,  of  their  powers.  Besides  these  there  was 
The  com-   ^  Committee  of  the  States  appointed  under  the  ninth 

mittee  of  article,  but  its  sessions  were  restricted  to  the  recess  of 
the  states.  •   i      i 

congress ;  and  its  powers  were  such  only  "  as  might  be 

exercised  by  seven  states  in  congress  assembled,  except 
those  of  sending  ambassadors,  ministers,  envoys,  resi- 
dents or  consuls :  Establishing  rules  for  deciding  what 
and^juriT-^  captures  by  land  or  water  should  be  legal ;  and  in  what 
diction,  manner  prizes  taken  by  land  or  naval  forces,  in  the  ser- 
vice of  the  United  States,  should  be  divided  or  appro- 
priated :  Establishing  courts  for  the  receiving  and  de- 
termining, finally,  appeals  in  cases  of  capture:  Con- 
stituting courts  for  deciding  disputes  and  differences 
arising  between  two  or  more  states:     Fixing  the  stand 


THE  UNITED    STATES   OP  AMERICA.  863 


UNDER   THE    CONFEDERATION.  PaRT    IV. 

ard  of  weights  and  measures  for  the  United  States ;  The  com- 
changing  the  rate  of  postage  on  the  papers  passing  [JoJjfedera-^ 
through  the  post-office  established  by  congress ;  and  of  *io^' 
repealing  or  contravening  any  ordinance  or  act  passed 
by  congress;   or   appointing  civil   or  military  officers, 
unless  to  supply  the  places  of  such  within  the  United 
States  as  the  committee  may  suspend  for  malconduct; 
or  to  fill  up  vacancies  which  may  happen,  by  death, 
resignation,  or  otherways,  within  the  said  states,  j^ro- Limitation 
vided  such  appointments  shall  not  continue  more  than  ments  by 
one  month  after  the  assembling  of  the  next  congress,  ^^?  ^o™; 

^  T  .  mittee  of 

imless  confirmed  by  them.     In  case  matters  of  impor-  the  states. 
tance  were  brought  to  their  notice  which  were  not  with- 
in their  jurisdiction,  the  committee  were  required  to 
appoint  a  day  for  the  meeting  of  the  congress,  prior  to  power  of 
that  to  which  it  stood  adjourned,  and  to  srive  notice  ^"™™'"^® 

"  '  °  to  convene 

thereof  to  the    supreme  executive  of   the   respective  the  con- 
states:    These  powers  were  not  specifically  defined,  nor^^^^^' 
was  any  such  committee  actually  appointed  by  the  con- 
gress, until  May,  1784.     But  it  does  not  appear  that  the 
Committee   ever  acted  with  any  particular  efficiency, 
in  any  of  the  premises. 

It  is  easy  for  us  to  discover  the  defects  of  the  Con-  Defects  of 
federation,  comparing  it,  as  we  may,  with  the  record  of  *'^^^  ^°^.' 
its  inefficiency,  and  the  more  successful  operation  of  the  how  to  be 
present  constitution.     But  when  we  consider  the  embar-^^^*"^  ^  ' 
rassments  in  which  it  originated;   when  we  think  of 
the  difficulties  which  were  encountered  in  its  formation ; 
when  we  remember  how  few  were  the  sources  whence 
light  could  be  drawn  to  illumine  the  councils  of  its 
framcrs;  and  how  wholly  they  were  without  any  expe- 
rience to  demonstrate  the  impracticability  of  the  plan 
of  administration  comprehended  in  its  provisions,  we 
cease  to  wonder  at  its  inefficiency. 

The  peculiar  circumstances  under  which  a  frame  of  CompHci- 
government  was  called  for ;  the  grievances  and  opprcs-  origin, 
sions  which  the  colonics  had  sustained,  and  were  still 
smarting  under,  from  the  arbitrary  enactments  of  par- 


864  THE  GOVERNMENTAL    HISTORY   OF 

PaUT    IY.  TilE    PKRilANENT    UXION 

The  com-  liaineiit,  and  the  measures  of  administration  in  England, 
contedera-^  rendered  them  extremely  jealous  of  any  authority  to  be 
tion.  erected  whose  jDOwers  should,  in  any  degree,  restrict  or 

control  their  own  legislation.  The  delegates  of  the 
nation,  therefore,  found  themselves  in  a  situation  at 
once  new  and  peculiar.  They  could  look  upon  the 
history  of  other  republics  as  beacons  to  warn  indeed, 
but  not  as  lights  to  guide.  The  one  for  which  they 
were  called  upon  to  legislate  was  without  its  precedent 
or  its  parallel  in  the  world's  history.  They  were  not 
yet,  in  fact,  states.  Their  independence  was  neither 
achieved,  nor  recognized  by  any  nation,  although  the 
maintenance  of  their  position  in  relation  to  it  was  guar- 
anteed by  France.  Without  the  settled  consciousness 
of  nationality,  they  could  not  know  what  miglit  be  their 
See  Part  national  wants  or  necessities.  Hitherto  they  had  un- 
ose'  502  derstood  the  benefits  of  union  only  as  dependent  colo- 
570,  571.  nies,  and  with  reference  merely  to  restraining  or  resist- 
ing the  arbitrary  extension  of  its  authority,  by  a  power 
to  which  they  acknowledged  and  confessed  all  due  alle- 
giance ;  and  from  which  they  had  not  even  thought  of 
separating  themselves.  But  now  that  they  had,  by 
the  declaration  of  their  independence,  virtually  severed 
the  tie  of  their  political  relationship  with  the  parent 
state,  they  became  extremely  doubtful  and  cautious 
with  what  attributes  they  should  clothe  their  own  na- 
tional administration. 
Causes  of  These  reflections  introduce  us  at  once  to  the  causes 
its  incffi-    -^iiich  produced  the  main  defects  in  the  Confederation. 

ciency,  re-  •■■ 

servation  It  will  be  observed  as  the  most  pernicious  of  all  its 
to  \\\Q^^^  provisions,  that  in  the  states  respectively,  was  reserved 
states.  the  right  and  the  power  of  carrying  out  the  decrees 
of  the  congress,  and  executing  them  upon  the  people 
within  their  respective  jurisdictions  ;  while  the  general 
government,  the  Congress,  had  no  power  by  which  it 
could  enforce  the  states  themselves  to  comply  with  its 
measures.  The  evil  might,  perhaps,  have  been  avoided, 
had  the  question  been,  as  it  really  should  have  been, 


THE   UNITED    STATES   OF   AMERICA,  865 

UNDKR    THK    CONFEDERATION.  I'arT    IV. 


not  -what  powers  shall  the  states  yield  up  to  the  con-  Their  na- 
gress,  (if  the  congress  were  to  be  the  general  govern-  '"'"f  ^''Ji 
mcnt,)   but,  on  which  shall  fall  that  superintending 'wsis  of 
sovereignty  which  was  but  lately  admitted  to  reside  in  pendcnce' 
the  crown  and  parliament  ?     They  were  a  nation  only  in  Sec  pages 
their  capacity  of  united  states.     In  this  capacity  alone      '   ^^' 
had  thoy  declared  themselves  sovereign  and  independ- 
ent.    If  they  were  to  continue  this  national  capacity — 
and  without  it,  when  the  confederation  was  adopted, 
they  were  nothing  but  dependent  and  revolting  colo- 
nies— the  object  desired  was,  to  erect  a  government 
which  should  be  invested  with  those  very  attributes  of 
sovereignty  which  were  thus  wrested  from  the  crown; 
subject  only  to  such  restrictions  as  might,  peradvcnture, 
arise  from  the  peculiar  relations  of  the  parties  to  the 
compact. 

Had  the  Colonies  themselves  been  wholly  independent  Colonial 
of  each  other  when  they  proclaimed  their  independence  ^oyereigu- 
of  Great  Britain,  then  the  sovereignty  exercised  overly- 
each  of  them,  by  the  parent  state,  would  undoubtedly 
have  reverted  to  each  respectively.  Then  they  might, 
rightfully,  have  considered  themselves  severally  invest- 
ed with  the  absolute  and  unqualified  attributes  of  sov- 
ereignty. But  there  never  was  a  time,  in  all  their  past 
history,  when  they  had  not  been  subject  either  to  Great 
Britain,  or  to  the  Congress.  And  at  the  very  time  their 
independence  was  declared,  as  we  have  seen,  each  and 
every  one  of  them  had,  by  the  very  necessities  of  their 
situation,  and  by  its  own  voluntary  acquiescence  in 
the  exercise  of  the  powers  the  congress  necessarily 
assumed,  subjected  itself  to  the  direction  and  control 
of  a  general  government  which  was  virtually  vested 
with  these  very  prerogatives  of  sovereignty.  The  rev- 
olutionary congress,  the  nation's  congress,  the  author- 
ized representatives  of  the  whole  American  people,  had 
thus  already  assumed  and  exercised  the  powers  of  sov- 
ereignty heretofore  belonging  to  the  crown  and  parlia- 
ment, and  no  one  ever  once  thought  of  questioning  the 
55 


866  THE   GOVERNMENTAL   HISTORY    OP 

Part  IV.  the  permanent  union 

Mutual  de-  validity   of  their  proceedings,  or  resisting   their   au- 

pendence     thoritv.* 
of  the  •' 

colonies.  Besides  this,  it  is  historically  true,  that  the  colonies 
had  oftentimes  manifested  and  declared  their  depend- 
ence upon  each  other,  before  they  declared  their  inde- 

*  See  Sto-  pendence  of  Great  Britain.  Indeed  their  severalty,  so 
ry,  Kent,    f^^  as  their  political  relations  with  Great  Britain  and 

with  one  another  were  concerned,  was  merged  in  their 
general  Colonial  Union  under  the  martial  manifesto. 
And  Patrick  Henry  spoke  truly  as  well  as  patriotically 
when  he  exclaimed  in  the  Congress  of  1774 — "All 
America  is  thrown  into  one  mass !  Where  are  your 
landmarks ;  your  boundaries  of  colonies  ?    They  are  all 

*  Cited,  1  thrown  down.  The  distinctions  between  Virginians, 
Washfn  -  Ponnsylvanians,  New-Yorkers,  and  New-Englanders,  are 
ton,  398.    no  more  !     I  am  not  a  Virginian,  but  an  American  !  ^^* 

But  in  order  to  understand  more  fully  the  nature 
and  extent  of  the  relative  dependence  of  the  several 
colonies  upon  each  other,  we  must  refer  to  their  earlier 
history.  As  far  back  as  the  year  1643,  we  find  that 
Articles  of  Confederation,  to  secure 'their  general  wel- 
fare and  mutual  protection,  were  entered  into  by  the 
colonies  of  New  England.  These  articles  will  better 
illustrate  the  necessity  and  importance  of  their  union, 
as  it  was  understood  and  felt  by  themselves ;  and  are 
less  liable  to  question,  than  any  argument  I  might  ad- 
vance in  support  of  the  proposition ;  and  I  therefore 
give  them  entire,  the  typography  alone  being  some- 
what changed. 

"Articles  op  Conpederation 
The  New    "  Betwixt  the  plantations  under  the  government  of  the 
co"fSa.      Massachusets;  the  plantations  under  the  government 
tion,  1643      of  PUmouth ;  the  plantations  under  the  government 
of  Connectecut ;  and  the  government  of  New  Haven; 
with  the  plantations  in  combination  therewith : 
Preamble.       '■•Whereas,  we  all  came  into  these  parts  of  America, 
with  one  and  the  same  end  and  aymo,  namely,  to  ad- 
vance the  kingdome  of  our  Lord  Jesus  Christ,  and  to 


THE  UNITED   STATES  OP  AMERICA.  867 


UNDFR    THE    CONFEDKRATION.  PaRT    IV. 


enjoy  the  liberties  of  the  Gospel,  in  purity  with  peace  ;  Mutual  de- 
Antl  whereas,  in  our  settling,  by  a  wise  providence  of  J]j"t^,e°*^*' 
God,  we  are  further  dispersed  on  the  sea-coasts  and  toionies. 
rivers  than  was  at  first  intended,  so  that  we  cannot 
(according  to  our  desire)  with  convenience  communi- 
cate yi  one  government  and  jurisdiction :  And. whereas, 
we  live  encompassed  with  people  of  severall  nations, 
and  strange  languages,  which  hereafter  may  prove  in- 
jurious to  us  and  our  posterity :  And  forasmuch  as  the  The  New 
natives  have  formerly  committed  [3]  sundry  insolencies  ^(Jjfflfde'ra- 
and  outrages  upon  severall  plantations  of  the  English,  tion,  1643. 
and  have  of   late  combined   themselves  against   us : 
And  seeing  by  reason  of  the  sad  distractions  in  Eng- 
latul,  which  they  have  heard  of,  ahd  by  which  they 
know  we  are  hindered  both  from  that  humble  way  of 
seeking  advice,  and  reaping  those  comfortable  fruits 
of  protection,  which,  at  other  times,  we  might  well 
expect :     We   therefore  do  conceive    it  our  bounden 
duty,  without  delay,  to  enter  into  a  present  Consotia- 
tion  amongst  ourselves,  for  mutual  help  and  strength 
in  all  our  future  concernments,  that,  as  in  nation  and 
religion,  so  in  other  respects,  we  be,  and  continue,  one, 
according  to  the  tenour  and  true  meaning  of  the  ensu- 
ing Articles  : 

"I.  Wherefore  it  is  fully  agreed  and  concluded,  hj^oxenant 
and  between  the  parties,  or  jurisdictions  above  named, 
and  they  doe  joyntly  and  severally  by  these  presents, 
agree  and  conclude.  That  they  all  be,  and  henceforth 
be  called  by  the  name  of,  The  United  Colonies  of  New 
England. 

"II.  Tlie  said  United  Colonies,  ^ot  themselves  anditsdura- 
their  posterities,  doe  joyntly  and  severally  hereby  enter  and 'aims. 
into  a  firm  and  perpetual  league  of  friendship  and 
amity,  for  offence  and  defence,  mutuall  advice  and 
succour,  upon  all  just  occasions,  both  for  preserving 
and  propagating  the  truth  and  liberties  of  the  Gospel, 
and  for  their  own  mutuall  safety  and  wcUfare. 

"  III.  It  is  further  agreed,  that  the  plantations  which  Severalty. 


868 


THE   GOVERNIVIENTAL   HISTORY   OF 


Part  IV. 


THE    PEUMANENT    UNION 


Mutual  de-at  present  are,  or  hereafter  shall  be,  settled  within  the 


pendcnce 
of  the 
colonies 


The  New 


limits  of  the  Massachusets,  shall  be  forever  under  the 
government  of  the  Massachnsets ;  and  shall  have  pe- 
culiar jurisdiction  amongst  themselves,  as  an  intire 
body  ;  and  that  Plimovth,  Connecticut,  and  New  Haven, 
shall  each  of  them,  in  all  respects,  have  the  peculiar 
jurisdiction  and  government  within  their  limits.  *  And 
in  reference  to  the  plantations  which  already  are  set- 
tled, or  shall  hereafter.be  erected  and  shall  settle  within 
■^"Sjand  any  of  their  limits  respectively,  provided  that  no  other 
tion,  1643.  jurisdiction  shall  hereafter  be  taken  in.  as  a  distinct 
head,  or  member  of  this  Confederation ;  nor  shall  any 
*  Rhode  '^ther  either  plantation  or  jurisdiction,  in  present  being,* 
Island  was  and  iiot  already  in  combination,  or  under  the  jurisdic- 

excluded  " 

tion  of  [4,],  any  of  these  Confederates,  be  received  by 
any  of  them ;  nor  shall  any  two  of  these  confederates, 
joyn  in  one  jurisdiction,  without  consent  of  the  rest ; 
which  consent  to  be  interpreted  as  in  the  sixt  ensuing 
Article  is  expressed. 

"  IV.  It  is  also  bij  these  confederates  agreed,  That  the 
charge  of  all  just  wars,  whether  offensive  or  defensive, 
upon  what  part  or  member  of  this  Confederation  soever 
they  fall,  shall  both  in  men,  provisions,  and  all  other 
disbursements,  l)e  borne  by  all  the  parts  of  this  Con- 
federation, in  different  proportions,  according  to  their 
different  abilities,  in  manner  following,  namely :  That 
the  commissioners  for  each  jurisdiction,  from  time  to 
time,  as  there  shall  be  occasion,  bring  a  true  account 
and  number  of  all  the  males  in  each  plantation,  or  in 
any  way  belonging  to,  or  under  their  severall  jurisdic- 
tions, of  what  quality  or  condition  soever  they  be, 
from  sixteen  years  old,  to  threescore,  being  inhabitants 
there.  And  that  according  to  the  different  numbers, 
which  from  time  to  time  shall  be  found  in  each  juris- 
diction, upon  a  true  and  just  account ;  the  service  of 
men,  and  all  charges  of  the  war  be  borne  by  the  poll : 
Each  jurisdiction,  or  plantation,  being  left  to  their  own 
just  course,  and  custome,  of  rating  themselves,  though 


see  ante, 
Part  II. 

pages 

340,  359. 


Charges 
for  war, 
their  ap- 
portion- 
ment. 


General 
census. 


THE   UNITED    STATES   OF   AMERICA.  869 

UNDER    THE    CONFEDEKATIUX.  PaRT    IV. 

the  Confederation  take  no  notice  of  any  such  privilege.  Mutual  de- 
And    that,  according  to   the  different  charge  of  each  J^'^'J^'^^^'^*^ 
jurisdiction,  and  phmtation,  the  whole  advantage  of  the  ^(^lo^Jes. 
war,  Cif  it  please  God  so  to  bless   their  endeavours.)  ,„,    ,^ 

,       ,  ,  The  New 

whether  it  be  in  lands,  goods,  or  persons,  shall  be  pro-  England 
portionally  divided  among  the  said  Confederates.  tUm^ieTs. 

"  Y.  It  is  further  agreed,  That  if  any  of  these  juris- 
dictions, or  any  plantation  under,  or  in  combination 
with  them,  be  invaded  by  any  enemy  whatsoever,  upon 
notice,  and  request  of  any  three  magistrates  of  that 
jurisdiction  so  invaded;  the  rest  of  the  confederates, 
without  any  further  meeting  or  expostulation,  shall 
forthwith  send  ay  do  to  the  confederate  in  danger,  but 
in  different  proportion,  namely,  Massachiisets  one  hun- 
dred men  sufficiently  armed  and  provided  for  [5]  such 
a  service,  and  journey ;  And  each  of  the  rest  five  and 
forty  men,  so  armed  and  provided,  or  any  lesse  num- 
ber, if  lesse  be  required,  according  to  the  proportion.  Provision 
But  if  such  a  confederate  may  be  supplyed  by  their  ^^^  ritual 
next  confederate,  not  exceeding  the  number  hereby 
agreed,  they  may  crave  help  there,  and  seek  no  further 
for  the  present.  The  charge  to  be  borne  as  in  this 
Article  is  expressed.  And  at  their  return  to  be  vict- 
uallcd,  and  supplied  with  powder  and  shot  (if  there 
be  need)  for  their  journey,  by  that  jurisdiction  which 
imployed,  or  sent  them.  But  none  of  the  jurisdic- 
tions to  exceed  these  numbers,  till  by  a  meeting  of  the 
commissioners  for  this  confederation,  a  greater  ayde 
appear  necessary.  And  this  proportion  to  continue, 
till  upon  knowledge  of  the  numbers  in  each  jurisdic- 
tion, which  shall  be  brought  to  the  next  meeting  some 
other  proportion  be  ordered.  But  in  any  such  case 
of  sending  men  for  present  ayde,  whether  before  or 
after  such  order  or  alteration  ;  it  is  agreed  that  at  the 
meeting  of  the  commissioners  for  this  confederation.  Incase  the 
the  cause  of  such  war,  or  invasion,  be  duly  considered  ;  just,  no 
and  if  it  appear  that  the  fault  lay  in  the  party  so  in.  ^ontribu- 
vaded,  that  then,  that  jurisdiction,  or  plantation,  make 


870  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  permanent  union 

Mutual  de- just  satisfaction,  both  to  the  invaders,  whom  they  have 
Sfthe"^*^  injured,  and  bear  all  the  charges  of  the  war  themselves, 
colonics,  without  requiring  any  allowance  from  the  rest  of  the 
„,    ,^        confederates  toward  the  same. 

The  New  ,  ,     , 

Engiaud         ^^And  further,  if  any  jurisdiction  see  any  danger  of 
tkm^ieTs.  ^^1  invasion  approaching,  and  there  be  time  for  a  meet- 
ing ;  that  in  such  case,  three  magistrates  of  that  juris- 
diction may  summon  a  meeting,  at   such   convenient 
.j^   .       „  place,  as  themselves  shall  think  meet,  to  consider,  and 
approach-  provide  against  the  threatened  danger.     Provided, -when 
sion!"^'^"    t^^cy  ^^'c  i^^ct,  they  may  remove  to  what  place  they  please, 
only  while  any  of  these    four    confederates,  have  but 
three  magistrates  in  their  jurisdiction,  a  request  or  sum- 
,  mons,  from  any  two  of  them,   shall  be   accounted  of 
equall  force,  with   the    third   mentioned    in    both  the 
clauses  of  this  Article,  till  there  be  an  increase  of  magis- 
trates there. 
General         "  ^  I-   [6]  It  IS  also  agreed,  That  for  the  managing 
federal       r^jj(j  concludins;  of  all  affairs  proper  to,  and  concerning, 
sioneis.      the  whole  confederation,  two   commissioners   shall  be 
chosen  by  and  out  of  the    four  jurisdictions,  namely, 
Their  num-  two  for  the   Massachusets,   two  for  Plimonth,  two  for 
*'^'',^?^      Ckmneciicnt.  and  two  for  New-Haven,  being  all  in  church 

qualihca-  '  /  ° 

tions.  fellowship  with  us,  which  shall  bring  full  power  from 
their  severall  generall  courts  respectively,  to  hear,  ex- 
amine, weigh,  and  determine,  all  aflairs  of  war,  or  peace, 
leagues,  aydes,  charges,  and  numbers  of  men  of  war, 
Their  pow-  division  of  spoyles ;  or  whatsoever  is  gotten  by  con- 
duties^  quest ;  receiving  of  more  confederates,  or  plantations, 
into  combination  with  any  of  these  confederates ;  and 
all  things  of  like  nature,  which  are  the  proper  concom- 
itants, or  consequences  of  such  a  confederation ;  for 
amity,  offence,  and  defence,  not  intermedling  with  the 
government  of  any  of  the  jurisdictions,  which  by  the 
third  Article  is  preserved  entirely  to  themselves.  But 
if  these  eight  commissioners,  when  they  meet,  shall  not 
all  agree,  yet  it  is  concluded,  that  any  six  of  the  eight 
agreeing,  shall  have  power  to  settle  and  determine  the 


THE   UNITED   STATES   OF   AMERICA.  871 

UNDKB   THE    CONFEDERATION.  PaRT    IV. 

businesse  in  question.     But  if  six  doe  not  agree,  then  Mutual  de- 
sucli  propositions,  with  their   reasons,  so  far  as  they  o['"  ^e"'^^ 
have  been  debated,  be  sent,  and  referred  to  the  foure  colonics, 
generall   courts,   viz.  :    the    Massachusets,   Plimouth,  ^,    ^^ 

°  '  '  '  The  New 

Connecticut  and  New-Haven.     And  if  at  all  the  said  England 
generall  courts  the  businesse  so  referred,  be  concluded,  tj^^'^ig^^^g 
then  to  be  prosecuted  by  the  confederates,  and  all  their 
members. 

"/?!  is  further  agreed,  That  these  eight  commissioners  Federal 
shall  meet  once  every  year,  besides  extraordinary  meet-  skm^rto 
ings,  according  to  the  fifth  Article,  to  consider,  treat,  "leet  an- 
and  conclude  of  all  affaires  belonging  to  this  confcde- Sept. 
ration,  which  meeting  shall  ever  be  the  first  Tliursday 
in  September.     And  that  the   next   meeting  after  the 
date  of  these  presents,  which  shall  be  accounted  the 
second  meeting,  shall  be  at  Boston  in  the  Massachusets,  Place  of 
the  third  at  Hartford,  the  fourth  at  New-Haven,  the  meetTngs. 
fifth  at  Plimouth,  the  sixth  and  seventh  at  Boston,  and 
then   Hartford,   New-Haven,  and  Plimouth,  and  so  in 
course  successively.     If,  in  the  mean  time,  some  middle 
place  be   not  found  out,  and  agreed  on,  which  may  be 
commodious  for  all  the  jurisdictions. 

"Vn.   [7]  It  is  further  agreed,  That  at  each  meet- May 
ing  of  these  eight  commissioners,  whether  ordinary  or^^°°^®* 
extraordinary  ;  they  all,  or  any  six  of  them  agreeing  as 
before,  may  choose  a  president  out  of  themselves,  whose 
office    and  work   shall  be,  to  take  care,  and  direct  forHia  duties, 
order,  and  a  comely  carrying  on  of  all  proceedings  in 
the  present  meeting.     But  he  shall  be  invested  with  no 
such  power  or  respect,  as  by  which  he   shall  hinder  the 
propounding  or  progresse  of  any  businesse,  or  any  way 
cast  the  scales,  otherwise  than  in  the  precedent  Article 
is  agreed. 

"  Vin.  It  is  also  agreed,  That  the  commissioners  for  The  com- 
this  confederation,  hereafter  at  their  meetings,  whether  ^evS"! 
ordinary  or  extraordinary,  as  they  may  have  commis- f^^neral 
sion  or  opportunity,  doe  endeavor  to  frame  and  estab-  code, 
lish  agreements  and  orders  in  generall  cases  of  a  civil 


872 


THE   GOVEENMENTAL   HISTORY  OP 


Part  IV. 


THE    PERMANENT    UNION 


Miit'aril  ue 
peiideace 
of  the 
colonies. 

The  New 
England 
confedera- 
tion, 1643, 


Fugitives 
from  serv- 
ice to  be 
delivered 
up. 


Fugitives 
from  jus- 
tice also. 


The  war- 
making 
power. 


nature,  wherein  all  the  plantations  are  interested,  for 
preserving  peace  amongst  themselves,  and  preventing 
(as  much  as  may  be)  all  occasions  of  war,  or  differ- 
ences with  others,  as  about  the  free  and  speedy  passage 
of  justice  in  each  jurisdiction,  to  all  the  confederates 
equally  as  to  their  own ;  receiving  those  that  remove 
from  one  plantation  to  another,  without  due  certifi- 
cates ;  how  all  the  jurisdictions  may  carry  it  towards 
the  Indians,  that  they  neither  grow  insolent  nor  be 
injured  without  due  satisfaction,  least  war  break  in  upon 
the  confederates  through  such  miscarriages. 

'■'•It  is  also  agreed,  That  if  any  servant  run  away  from 
his  master,  into  any  other  of  these  confederated  juris- 
dictions, that  in  such  case,  upon  the  certificate  of  one 
of  the  magistrates  in  the  jurisdiction,  out  of  which  the 
said  servant  fled,  or  upon  other  due  proof,  the  said 
servant  shall  be  delivered  cither  to  his  master,  or  any 
other  that  pursues,  and  brings  such  certificate  or  proof. 
And  that  upon  the  escape  of  any  prisoner  whatsoever, 
or  fugitive,  for  any  criminall  cause  ;  whether  breaking 
prison,  or  getting  from  the  officers,  or  otherwise  escap- 
ing ;  upon  the  certificate  of  two  magistrates  of  the  ju- 
risdiction out  of  which  the  escape  is  made,  that  he  was 
a  prisoner,  or  such  an  ofiender  at  the  time  of  the 
escape ;  The  magistrates,  or  [8]  some  of  them  of  that 
jurisdiction,  where  for  the  present  the  said  prisoner  or 
fugitive  abideth,  shall  forthwith  grant  such  a  warrant, 
as  the  case  will  bear,  for  the  apprehending  any  such 
person,  and  the  delivery  of  him  into  the  hand  of  the 
officer,  or  other  person  who  piirsueth  him.  And  if  help 
be  required  for  the  safe  returning  of  any  such  offender, 
it  shall  be  granted  unto  him  that  craves  the  same,  he 
paying  the  charges  thereof. 

"  IX.  And  for  that  the  justest  wars  may  be  of  danger- 
ous consequence,  especially  to  the  smaller  plantations 
in  these  United  Colonies :  It  is  agreed  that  neither  the 
Mas saclm sets,  Plimonth,  Connecticut,  nor  Neia  Haven, 
nor  any  of  the  members  of  any  of  them,  shall  at  any 


THE  UNITED    STATES   OP   AMERICA.  873 

UNDER    THE    CONFKDERATION.  FaUT    IV. 

time  hereafter,  begin,  undertake,  or  engage  themselves,  Mutual  de- 
or  this  confederation,  or  any  part  thereof,  on  any  war  j^j^^'j^'^J^^^^ 
whatsoever,  (sudden  exigents  with  the  necessary  con-ouiea. 
sequences  thereof  excepted,  which  are  also  to  be  mode- 
rated, as  much  as  the  case  will  permit,)  without  the  con- 
sent or  agreement  of  the  foronamed  commissioners,  or 
at  least  six  of  them,  as  in  the  sixt  Article  is  provided.  The  New 
And  that  no  charge  be  required  of  any  of  the  confed- coiffedera- 
erates  in  case  of  a  defensive  war,  till  the  said  commis- *^<^'^>  ^'^'^^• 
sioncrs  liave  met,  and  approved  the  justice  of  the  war, 
and  have  agreed  upon  the  sum  of  money  to  be  levied ; 
which  sum  is  then  to  be  paid  by  the  several  confeder- 
ates, in  proportion,  according  to  the  fourth  Article. 

*'  X.  That  in  extraordinary  occasions^  when  meetings  Extraordi- 
are  summoned  by  three  magistrates  of  any  jurisdiction,  gions. 
or  two  as  in  the  fifth  Article,  if  any  of  the  commission- 
ers come  not,  due  warning  being  given  or  sent,  it  is 
ag-recd,  that  foure  of  the  commissioners  shall  have 
power  to  direct  a  war  which  cannot  be  delayed,  and  to 
send  for  due  pro^xtrtions  of  men,  out  of  each  jurisdic- 
tion, as  well  as  six  might  doe,  if  all  met,  but  not  less 
than  six  shall  determine  the  justice  of  the  war,  or 
allow  the  demands,  or  bills  of  charges,  or  cause  any 
levies  to  be  made  for  the  same. 

"XI.  It  is  further  agreed,  that  if  any  of  the  confed- Breaches 
crates  shall  hereafter  break  any  of  these  present  ^Ir- "^  .*^^® 

•'  ^  articles, 

ticles^  or  be  any  other  way  injurious  to  any  one  of  the  kow 
other  jurisdictions,  such  breach  of  agreement,  or  injury,  ^^^  ^  ' 
[9J  shall  be  duly  considered,  and  ordered    by  th'e  com- 
missioners for  the  other  jurisdictions,  that  both  peace 
and  tliis  present  confederation,  may  be  entirely  pre- 
served without  violation. 

"Lastly  this  per peliiab  confederation  and  all  articles  confima- 
and    agreements    thereof,    being    read   and  seriously  ^^n  and 
considered,  both  by  the  generall  court  for  the  Massa-^  ^^^  ^ 
chusets,  and  by  the  commissioners  for  Plimouth,  Con- 
necticut, and  New  Haven,  were  presently  and  fully 
allowed  and  confirmed  by  three  of  the  forenamed  con- 


874  THE  GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  permanent  union 

Mutual  de- federates,  namely,  the  Massachusets,  Connecticut,  and 
oniie^coi-  '^^'^  Haven :  In  testimony  whereof.,  the  generall 
onies.  court  of  the  Massachusets,  by  their  secretary  ;  and  the 
commissioners  for  Connecticut  and  New  Haven,  sub- 
executed  scribed  them  the  19  day  of  the  third  month,  commonly 
by  Mass.,   called  May,  Anno  Domini  1643. 

cut,  and         "  O^^ly  the    Commissioners   from   Plimouth,    having 
New  Ha-    brought  no  commission  to  conclude,  desired  respite  to 

ven,  May  ^  °  '  ^ 

19, 1643.    advise  with  their  generall  court,  which  was  granted ; 
and  at  the   second  meeting  of  the  Commissioners  for 
the  Confederation,  held  at  Boston  in  September  follow- 
Further     ing,    the  commissioners  for  the   jurisdiction  of  Plim- 
^'J^pj^j^.'^'^outh,  delivered  in   an  Order  of  their  generall  court, 
outh.         dated  the  29  of  August,  1649,  by  which  it  appeared 
that  these  Articles  of   Confederation  were   read,  ap- 
proved, and  confirmed,  by  the  said  court,  and  all  their 
townships,  and  their  commissioners  authorized  to  rati- 
Ratified  by  fie  them  by  their  subscriptions,  which  they  accordingly 
oith!'       did,  the  7  day  of  September,  1643."* 


Plan  for  a  Again  while  a  Convention,  composed  of  delegates 
union  of  from  the  several  colonies,  was  sitting  at  Albany,  for  the 
the  coio-    purpose  of  conferring  with  the  Five  Nations  of  Indians, 

nies  pro-     ^  ^    ^  °  ' 

posed  at  with  a  view  to  form  an  alliance  with  them,  in  order 
1754°^  ^^  more  effectually  to  resist  the  encroachments  and  inva- 
sions of  the  French  ;  they  at  the  same  time  devised  the 
plan  of  a  general  union  of  the  colonies.  The  dele- 
gates from  Maryland,  Pennsylvania,  Connecticut,  Rhode 
Island,  Massachusetts,  and  New  Hampshire,  with  the 
lieutenant-governor  and  council  of  New  York,  ap- 
pointed a  committee  of  one  member  from  each  colony 

*  These  Articles  are  transcribed  from,  a  copy  of  the  first  printed  edition 
of  the  laws,  &c.,  of  New  Haven,  published  for  the  use  of  that  colony  in 
London,  1656;  which  may  be  found  in  that  excellent  and  valuable  com- 
pilation of  "Records  of  the  Colony  or  Jurisdiction  of  New  Haven  from 
May,  165,3,  to  the  Union  with  Connecticut,"  by  Charles  J.  Hoadley,  Esq., 
the  present  State  Librarian  of  the  State  of  Connecticut. 


THE   UNITED    STATES   OP  AMERICA.  875 

UNDER  THE  CONFEDERATION.  PAKT  IV 

to  draft  a  plan  for  this  purpose.     The  following  was  Mutual  dc- 
reported  and  adopted  by  the  convention :  of"the"^"l- 

onies. 
PLAN   FOR   A    COLONIAL   UNION,   1754. 

"  It  is  proposed  that  humble  application  be  made  for 
an  act  of  parliament  of  Great  Britain,  by  virtue  of  which 
one  general  government  may  be  formed  in  America,  rian  for  a 
including  all  the  colonies;   within  aiid  under  which unioV of 
government  each  colony  may  retain  its  present  consti-  *l'^  '■^^^^ 

°  ,  ,  iiies  pro- 

tution,  except  m  the  particulars  wherein  a  change  may  posed  at 
be  directed  by  the  said  act  as  hereinafter  follows.  1754°^  "^ 

I.  Tiiat  the  said  general  government  be  administered 
by  a  president-general,  to  be  appointed  and  supported 
by  the  crown  ;  and  a  grand  council  to  be  chosen  by  the 
representatives  of  the  people  of  the  several  colonies, 
met  in  their  assemblies. 

II.  That  within months  after  passing  such 

act,  the  houses  of  representatives  that  happen  to  be  sit- 
ting within  that  time,  or  that  shall  bo  especially  for 
that  purpose  convened,  may  and  shall  choose  members 
for  the  grand  council  in  the  following  proportion,  that 
is  to  say ;  Massachusetts  Bay,  7.  New  Hampshire,  2. 
Connecticut,  5.  Rhode  Island,  2.  New  York,  4. 
New  Jersey,  3.  Pennsylvania,  6.  Maryland,  4.  Vir- 
ginia, 7.  North  Carolina,  4.  South  Carolina,  4.  Total, 
48. 

III.  The  grand  council  shall  meet  for  the  first  time 
at  the  city  of  Philadelphia,  in  Pennsylvania,  being 
called  by  the  president-general  as  soon  as  conveniently 
may  be  after  his  appointment. 

IV.  That  there  shall  be  a  new  election  of  the  mem- 
bers of  the  grand  council  every  three  years ;  and  that 
on  the  death  or  resignation  of  any  member,  his  place 
shall  be  supplied  by  a  new  choice  at  the  next  sitting  of 
the  assemblies  of  the  colony  he  represented. 

V.  That  after  the  first  three  years,  when  the  propor- 
tion of  money  arising  out  of  each  colony  to  the  gen- 
eral treasury  can  be  known,  the  number  of  membei 


876  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  pkkm\nent  union 

Mutual  de-to  be  cliosen  for  each  colony  shall,  from  time  to  time 

of "the^coi- ^^^  all  ensuing  elections,  be  regulated  by  that  propor- 

onies.        tion;  yet  so  as  that  the  number  to  be  chosen  by  any 

one  province  be  not  more  than  seven,  nor  less  than  two. 

VI.  That  the  grand  council  shall  meet  once  in  every 
year,  and  oftener  if  occasion  requires,  at  such  time  and 

Plan  for  a  placc  as  they  shall  adjourn  to  at  the  last  preceding 
uniou  of  meeting,  or  as  they  shall  be  called  to  meet  at  by  the 
the  coio-  president-general,  on  any  emergency ;  he  having  first 
posed  at     obtained  in  writing  the  consent  of  seven  of  the  mem- 

1754°^  ^^  ^^^"^  ^^  ^^^^^^  ^^^^'  ^^^^  ^^"^  ^^*^  ^^^  timely  notice  to  the 
whole. 

VII.  That  the  grand  council  have  power  to  choose 
their  speaker,  and  shall  neither  be  dissolved,  pro- 
rogued, nor  continued  sitting  longer  than  six  weeks  at 
one  time ;  without  their  own  consent,  or  the  special 
command  of  the  crown. 

VIII.  That  the  members  of  the  grand  council  shall 
be  allowed  for  their  services  ten  shillings  sterling  per 
diem,  during  their  session,  and  journey  to  and  from 
the  place  of  meeting ;  twenty  miles  to  be  reckoned  a 
day's  journey. 

IX.  That  the  assent  of  the  president-general  be  re- 
quisite to  all  acts  of  the  grand  council ;  and  that  it  be 
his  office  and  duty  to  cause  them  to  be  carried  into  exe- 
cution. 

X.  That  the  president-general,  with  the  advice  of 
the  grand  council,  hold  or  direct  all  Indian  treaties 
in  which  the  general  interest  of  the  colonies  may  be 
concerned ;  and  make  peace  or  declare  war  with  Indian 
nations. 

XI.  That  they  make  such  laws  as  they  judge  neces- 
sary for  regulating  all  Indian  trade. 

XII.  That  they  make  all  purchases  from  the  Indians 
for  the  crown,  of  lands  not  now  within  the  bounds  of 
particular  colonies ;  or  that  shall  not  be  within  their 
bounds,  when  some  of  them  are  reduced  to  more  con- 
venient dimensions. 


THE   UNITED    STATES   OF   AMERICA.  877 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

XIII.  That  they  make  new  settlements  on  such  pur-  Mutual  de- 
chases,  by  granthig  lands  in  the  king's  name, reserving  1^')"^^^"^^^, 
a  quit-rent  to  the  crown,  for  the  use  of  the  general  ouies. 
treasury. 

XIV.  That  they  make  laws  for  regulating  and  gov- 
erning such  new  settlements,  until  the  crown  shall 
think  fit  to  form  them  into  jjarticular  governments. 

XV.  That  they  raise  and  pay  soldiers,  build  forts  for 
the  defence  of  any  of  the  colonies,  and  equip  vessels 
of  force  to  guard  the  coasts  and  protect  the  trade  on 
the  ocean,  lakes,  or  great  rivers ;  but  they  shall  not 
impress  men  in  any  colony,  without  the  consent  of  the 
legislature. 

XVI.  That  for  these  purposes  they  have  power  to  pian  for  a 
make  laws,  and  lay  and  levy  such  general  duties,  im- ^'^r*^™^  „ 

'  •'  •'  °  '  union  of 

posts,  or  taxes,  as  to  them  shall  appear  most  equal  and  the  colo- 
just,  (considering  the  ability  and  other  circumstances  po^/j/^t' 
of  the  inhabitants  in  the  several  colonies,)  and  such  as  A'bany  in 
may  be  collected  with  the  least  inconvenience  to  the 
pcoi)le  ;  rather  discouraging  luxury,  than  loading  in- 
dustry with  unnecessary  burdens. 

XVII.  That  they  may  appoint  a  general  treasurer 
and  particular  treasurer  in  each  government,  when 
necessary ;  and  from  time  to  time  may  order  the  sums 
in  the  treasuries  of  each  government  into  the  general 
treasury,  or  draw  on  them  for  special  payments,  as  they 
find  most  convenient. 

XVIII.  Yet  no  money  to  issue  but  by  joint  orders 
of  the  president-general  and  grand  council,  except 
where  sums  liave  been  appropriated  to  particular  pur- 
poses, and  the  president-general  has  been  previously 
empowered,  by  any  act,  to  draw  for  such  sums. 

XIX.  That  the  general  accounts  shall  be  yearly  set- 
tled and  reported  to  the  several  assemblies. 

XX.  That  a  quorum  of  the  grand  council,  empow- 
ered to  act  with  the  president-general,  do  consist  of 
twenty-five  members  ;  among  whom  there  shall  be  one 
or  more  from  the  majority  of  the  colonies. 


878  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  permanent  union 

Mutual  de-  XXI.  That  the  laws  made  by  them  for  the  purposes 
P^"^^"^^j_  aforesaid,  shall  not  be  repugnant,  but,  as  near  as  may 
onies.  be,  agreeable  to  the  laws  of  England,  and  shall  be 
transmitted  to  the  King  in  Council,  for  approbation,  as 
soon  as  may  be  after  their  passing ;  and  if  not  disap- 
proved within  three  years  after  presentation,  to  remain 
in  force. 

XXII.  That  in  case  of  the  death  of  the  president- 
general,  the  speaker  of  the  grand  council  for  the  time 
being  shall  succeed,  and  bo  vested  with  the  same  pow- 

■    ers  and  authorities,  to  continue  until  the  king's  pleas- 
ure be  known. 

XXIII.  That  all  military  commission  officers,  wheth- 
Planfora  or  for  land  or  sea  service,  to  act  under  this  general 
general      constitution,  shall  be  nominated  by  the  president-gen- 

uEion  of  '  1       •  /.     1  1 

the  colo-  eral ;  but  the  approbation  of  the  grand  council  is  to 
pose(f  at  ^®  obtained  before  they  receive  their  commissions. 
Albany,     And  all  civil  officers  arc  to  be  nominated  by  the  grand 

1754 

council,  and  to  receive  the  president-general's  approba- 
tion before  they  officiate. 

XXIV.  But  in  case  of  vacancy,  by  death,  or  removal 
of  any  officer,  civil  or  military,  under  this  constitution, 
the  governor  of  the  province  in  which  such  vacancy 
happens,  may  appoint  until  the  pleasure  of  the  presi- 
dent-general and  grand  council  can  be  known. 

XXV.  That  the  particular  military  as  well  as  civil 
establishments,  in  each  colony,  remain  in  their  present 
state,  the  general  constitution  notwithstanding ;  and 
that  on  sudden  emergencies  any  colony  may  defend 
itself,  and  lay  the  accounts  of  expense  thence  arising 
before  the  president-general  and  grand  council,  who 
may  allow  and  order  payment  of  the  same  as  far  as 

Archives,   they  judgc  sucli  accouiits'  reasonable."* 


Objections  This  plan  of  union,  though  earnestly  proposed,  was 
never  sanctioned.  It  was  objected  to  in  England  as 
liazardous  to  the  supremacy  of  the  motlier  country, 
and  in  America  as  conceding  too  much  power  to  the 


THE  UNITED   STATES   OP   AMERICA.  879 

UNDER    THE    CONFEDERATION.  PaUT    IV. 

crown  and  parliament  of  Great  Britain.     I  refer  to  Mutual  de- 
these  records  of  colonial  liistorj,  simply  as  indicating o^^h^'^'^^i 
the  sentiments  of  the  several  colonies  respecting  the  ouics. 
nature  and  the  necessity  of  their  dependence  upon  each 
other ;  and  as  demonstrating  the  fact,  that  they  had  at 
all  times  felt  and  understood  that  their  mutual  inter- 
ests and  safety  could  be  truly  and  effectually  secured 
and  promoted  only  by  their  general  union.     This  is 
also  clearly  illustrated  in  all  their  subsequent  history. 
It  was  by  their  union  that  they  had  interposed  the  most 
formidable  and    effective  resistance  to  the  encroach- 
ments of  parliament,  and  the  aggressions  of  the  crown. 
Without  this,  all  their  aims  and  efforts  to  procure  a 
redress  of  their  grievances  would  have  been  wholly 
wasted.     To  dissolve  their  union,  to  destroy  the  har- 
mony of  their  general  associations,  and  to  set  them  in 
hostile  array  against  each  other,  was  the  desire,  and 
had  long  been  the  persevering  aim,  of  the  ministry  of 
Great   Britain.      Their   past    history,    therefore ;    the 
causes  which  had  brought  about  the  revolution ;  the  Sec  Part 
necessities  which   compelled  the  declaration  of  their  ggg'  ^?; 
independence;    and    the    very   circumstances    under  and  562, 

7S8   740 

which  that  independence  was  declared ;  had  origina-      ' 
ted,  and  combined  to  establish  between  them,  ties  of 
political  relationship,  of  mutual  reliance  or  depend- 
ence, which  could  not  thereafter  with  reason,  justice, 
or  propriety,  be  called  in  question.     It  was  collectively 
that  they  had  declared  themselves  an  independent  na- 
tion ;  and  as  one  great  nation,  inseparably  united,  they 
pledged  themselves  to  one  another,  and  to  mankind,  to  The  com- 
achieve  and  to  maintain  a  national  independence.     It  uonlund^I 
would  have  been  a  violation  of  this  solemn  pledge,  and  pendency, 
of  the  faith  with  which  they  had  encouraged  the  whole   '  ^ 
American  people  not  only,  biit  also  the  whole  world,  to 
confide  in  this  pledge,  had  any  one  of  them  thereafter 
departed  from  its  provisions.     The  compact  of  inde- 
pendency was  a   compact  of   nationality    made  with 
human  nature   with  the  whole  family  of  man  upon 


880 


THE   GOVERNMENTAL   HISTORY   OP 


Part  IV. 


THE    PERMANENT    UNION 


The  mu- 
tual de- 
pendence 
of  the  col- 
onies ne- 
cessitated 
their 
uuiou. 


See  ante, 
p.  750. 


See  ante, 
pp.  676, 
(586. 


Further 
necessity 
of  their 
union. 


earth.  It  was  in  this  their  national  capacity,  compre- 
hended under  the  designation  of  United  States,  that 
they  procured  a  treaty  of  amity  and  alliance  with 
France ;  that  they  secured  the  sympathy  and  friend- 
ship of  other  nations ;  that  they  obtained  loans  to 
carry  on  the  war.  It  was  in  this  capacity  that  their 
union  received  the  sacred  and  irrevocable  seal  of  per- 
petuity under  the  Confederation.  The  very  terms  upon 
which  the  unocciipied  lands  claimed  by  the  several  col- 
onies were  ceded  to  the  United  States,  so  called,  are 
evidence  of  their  sense  of  mutual  dependence,  as  well 
as  their  conviction  of  the  necessity  and  importance  of 
their  perpetual  and  indissoluble  union.  New  York 
granted  her  western  territory  on  the  express  condition 
and  reservation,  that  it  should  be  held  and  appropriated 
for  the  use  and  benefit  of  such  states  as  should  become 
members  of  the  proposed  perpetual  federal  alliance, 
and  for  no  other  use  or  purpose  ivhatsoever.  Suppose 
this  alliance  to  have  ceased,  to  have  lost  its  character 
of  perpetuity ;  suppose  the  union  to  have  been  dis- 
solved ;  would  not  the  title  to  these  territories  revert 
again  to  the  state  of  New  York  ?  Would  not  the  same 
be  true  of  the  lands  ceded  by  Virginia  ?  Or  by  Massa- 
chusetts ?  Or  by  Connecticut  ?  Or  by  any  other  of 
the  original  colonies  ?  It  was  under  the  conviction, 
and  in  the  capacity,  of  their  perpetual  union '  alone, 
that  these  cessions  were  made.  It  was  under  this  con- 
viction that  their  independency  was  acknowledged  by 
the  crown,  and  parliament,  and  people  of  Great  Brit- 
ain. They  averred  its  character  of  perpetuity,  and  the 
necessity  of  it,  in  all  their  deliberations  on  the  Confed- 
eration, and  in  their  credentials  of  authority  to  their 
delegates  in  congress  to  ratify  the  same. 

Hence  it  was  essential  to  the  preservation  of  their 
faith  at  home,  their  integrity  abroad,  their  respectabil- 
ity everywhere  ;  aye,  to  their  very  existence  as  an  inde- 
pendent nation,  that  they  should  continue  united.  To 
perpetuate  their  union,  as  well  as  to  establish  their 


THE   UNITED   STATES  OF  AMERICA.  ~  881 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

nationality,  it  was  also  essential  that  they  should  erect  Defects  of 
a  national  government.  And  it  was  equally  essential  ^'^^t^of^the 
that  that  government  should  possess  all  the  attributes  confcdera- 
and  prerogatives  of  sovereignty,  within  the  sphere  over 
which  its  administration  was  to  operate.  Conscqucn-The  neces- 
tial  to  their  union  and  this  necessity,  was  produced  the^'^y^f^"^" 

•'  '  ^  tioniil  sov- 

singular  anomaly  of  the  constituent  parts  of  a  nation  eieignty. 
brought  into  competition  with  .the  nation  itself,  for 
these  abeyant  powers  of  sovereignty. 

Hence  the  very  ground  of  controversy,  as  I  have  state  sov- 
before  remarked,  which  poisoned  the  provisions  of  the  ^^^^s^^y , 

'  ^  ^  conlerred 

compact  of  the  confederation,  and  rendered  it  wholly  by  the  con- 
incompetent  to  the  ends  and  the  uses  it  was  intended  ^  ^^^  '°°* 
to  accomplish.  It  was  the  reservation,  (if  powers 
which  they  never  possessed  could  be  said  to  be  re- 
served,) it  was  rather  the  conveyance  to  the  states  in 
severalty,  of  those  powers  of  sovereignty  which  did 
belong,  and  must  necessarily  belong,  and  which  ought 
to  have  been  admitted  to  belong,  to  the  general  gov- 
ernment however  designated,  which  rendered  it  a  life- 
less and  inefficient  organization.  It  was  like  the  spirit 
breathing  in  a  paralyzed  and  helpless  frame.  The 
essentials  which  constituted  an  animate  being  were 
there,  while  the  power  which  alone  rendered  them  use- 
ful or  available  was  taken  away.  The  political  sover- 
eignty of  the  general  administration  was  acknowledged, 
and  a  supremacy  of  power  inherent  in  its  existence  as 
an  independent  national  element,  was  admitted,  while 
at  the  same  time  the  states  were  clothed,  each  one  by 
itself  respectively,  with  the  very  powers  which  were  a 
component  part  of  the  attributes  of  sovereignty  and 
independence. 

Hence,  again,  it  resulted  that  the  powers  reserved  toConse- 
the  Congress  under  the  Confederation,  were   merely  5he°^on-°^ 
declaratory.      It  was  simply  a  legislative  administra- cession, 
tion.     It  was  without  the  authority  requisite  to  carry 
into  full  or  effective  operation  any  measure  which  it 
might  deem  necessary  for  the  general  good.     It  must 
5Q 


882  THE   GOVERNMENTAL    HISTORY   OF 

Part  IV.  the  permanent  union 

Defects  of  resort  to  the  states,  severally  and  respectively,  for  their 
*^^j*^^j?^^j^g  approbation  of  its  measures.  Independently  of  a 
confedera-  concurrent  and  harmonious  action  of  the  state  legisla- 
tures, it  could  not  exercise  any  executive  powers.  In 
other  words,  it  was  a  government  whose  executive 
authority  was  vested  in  thirteen  states,  each  claiming 
to  be  an  independent  and  exclusive  sovereignty,  and 
with  either  of  which  a  variety  of  construction,  of  local 
interests,  or  of  sectional  rivalry,  might  operate  to  pro- 
duce embarrassment,  if  not  open  hostility  to  its  ordi- 
nances. 

True,  congress  was  invested  with  power  to  originate, 
to  recommend,  and  in  some  instances  to  adopt,  but  this 
availed  nothing  where  there  were  so  many  considera- 
tions to  justify  a  non-compliance,  and  to  create  a  dif- 
ference of  opinion  even,  on  the  part  of  those  to  whom 
it  must  look  to  give  life  and  efficiency  to  its  ordinances 
Originated  and  enactments.     Such  differences  of  opinion  might, 
e"d<^nt^°It  ^"^  ^^^  practice  did,  exist  in  perfect  consistency  with 
conceded    the  purest  patriotism  and  the  best  intentions  in  the  sev- 
8tates.'       ^^"^^  states.     Each  yielding  to  the  persuasions  of  imme- 
diate and  local  advantage,  might  naturally  enough  feel 
itself  justified  in  disregarding  the  enactments  of  the 
general  government,  or  give   to   them  a  construction 
equally  destructive  of  their  aim. 

Thus  congress  was  reduced  to  the  mere  pageantry  of 
power.  It  might  pass  laws,  but  it  could  not  compel 
their  observance.  No  authority  was  expressly  reserved 
to  enforce  obedience  to  its  mandates ;  and  such  power 
could  not  be  implied,  while  each  state  claimed  for  itself 
the  exercise  of  every  power,  right,  and  jurisdiction,  not 
expressly  delegated  to  congress.  The  necessary  and 
unavoidable  result  was,  that  its  enactments  were  a  nul- 
lity, alike  disregarded  by  the  states  and  set  at  nought 
by  individuals.  Each  and  every  one  complied  or  re- 
fused compliance,  as  interest  or  feeling  prompted,  and 
no  transgressor  apprehended  any  dangerous  or  fearful 


THE   UNITED    STATES   OF  AMERICA.  883 


UNDER    THE    CONKEDEUATIOX.  PaRT.  IV. 

consequences  from  a  body  which  had  no  power  to  pun-  Defects  of 

ish,  whose  sovereignty  was,  vox  et  preterea  nihil.  ^'ict^of\"h 

Another  serious  defect  in  the  system  established  by  confedera- 

the  compact  of  the  confederation  was,  that  there  was 

no  power  in  the  congress,  or  the  general  government,  Deficiency 

to  provide  a  revenue  to  meet  its  current  expenses.     It  [I,  eon^rese 

could  ascertain  what  suras  were  necessary  to  be  raised  to  provide 
-,.  11-  ,1  \l-x  ^  revenue. 

for  this  purpose,  and  designate  the  proportion  to  come 

from  each  state ;  but  the  power  to  levy  and  collect  the 
same  was  expressly  given  to  the  states.  It  is  impossi- 
ble for  us,  at  this  day,  to  understand  all  the  mischiefs 
which  resulted  from  this  part  of  the  system  during  the 
war.  To  know  them  in  their  full  and  thrilling  reality 
we  must  make  ourselves  familiar  with  all  the  thousand 
details  of  the  revolutionary  struggle.  Had  not  the 
Congress  resorted  to  foreign  laws,  that  revolution  might, 
perhaps,  never  have  been  accomplished. 

"The  principal  powers  of  the  general  government  Summary 
under  the  Confederation,"  says  Justice  Story,  "  respect- g^"^*'^® 
ed  the  operations  of  war,  and  would  be  dormant  in 
time  of  peace.  In  short,  congress,  in  peace  was  pos- 
sessed of  but  a  delusive  and  shadowy  sovereignty,  with 
little  more  than  the  empty  pageantry  of  oflSce.  They 
were  indeed  clothed  with  the  power  of  sending  and 
receiving  ambassadors,  and  entering  into  treaties  and 
alliances  ;  of  appointing  courts  for  the  trial  of  felonies 
and  piracies  on  the  high  seas,  and  of  regulating  the 
public  coin,  of  fixing  the  standard  of  weights  and  meas- 
ures, of  regulating  post-offices,  of  borrowing  money 
and  emitting  bills  on  the  credit  of  the  United  States, 
of  ascertaining  and  appropriating  the  sums  necessary 
for  defraying  the  public  expenses,  and  of  disposing  of 
the  western  territory ;  and  most  of  these  powers  re- 
quired the  assent  of  nine  states.  But  it  possessed  not 
the  power  to  raise  any  revenue,  to  levy  any  tax,  to 
enforce  any  law,  to  secure  any  right,  to  reg'ulate  any 
trade,  or  even  the  poor  prerogative  of  commanding 
means  to  pay  its  own  ministers  at  a  foreign  court. 


884  THE   GOVERNMENTAL   HISTORY    OF 

Part  IV.  the  permanent  union 

Defects  of  They  could  contract  debts,  but  were  without  the  means 
pact^onhe^o  discharge   them.      They   could   pledge   the  public 
confedora-  faith,  but  they  were  incapable  of  redeeming  it.  .  They 
could  enter  into  treaties,  but  every  state  in  the  union 
could  disobey  them  with  impunity.     They  could  con- 
stitute courts  for  piracies  and  felonies  on  the  high  seas, 
but  they  had  no  means  to  pay  either  the  judges  or  the 
jurors.     In  a  word,  all  powers  which  did  not  execute 
themselves,  were  at  the  mercy  of  the  states,  and  might 
be  trampled  upon  at  will  and  with  impunity." 
Expression     In  the  more  summary  and  expressive  language  of 
Jay'^      "John  Jay,  "they  might   declare   everything,  and  do 
nothing." 

"  The  United  States,  under  the  Confederation,"  says 
The  Federalist,  "  have  an  indefinite  discretion  to  make 
requisitions  for  men  and  money ;  but  they  have  no  au- 
thority to  raise  either,  by  regulations  extending  to  the 
individuals  of  America.  The  consequence  of  this  is, 
By  the  ^^^^^  though  in  theory  their  resolutions  concerning 
Federalist,  these  objects  are  laws  constitutionally  binding  on  the 
members  of  the  union  ;  yet,  in  practice,  they  are  mere 
recommendations,  which  every  state  may  observe  or 
disregard  at  its  option." 

And  again,  says  the  same  authority,  "  the  concur- 
rence of  thirteen  distinct  sovereignties  is  requisite, 
under  the  Confederation,  to  the  complete  execution  of 
every  important  measure  which  proceeds  from  the 
union  ;  and  congress  at  this  time  scarcely  possesses  the 
means  of  keeping  up  the  powers  of  administration  till 
the  states  can  have  time  to  agree  upon  a  more  substan- 
tial substitute  for  the  present  shadow  of  a  federal  gov- 
ernment." 
Chief  "  A  government,"  says  Chief  Justice  Marshall,  "  au- 

Justice  thorized  to  declare  war,  but  relying  on  independent 
states  for  the  means  of  prosecuting  it :  capable  of  con- 
tracting debts,  and  of  pledging  the  public  faith  for 
their  payment,  but  dependent  on  thirteen  distinct  sov- 
ereignties for  the  preservation  of  that  faith,  could  only 


THE   UNITED    STATES   OP   AMERICA.  885 

UNDER    THE    CONFEDERATION.  TaUT    IV. 

be  saved  from  ignominy  and  contempt  by  finding  those  Defects  of 
sovereignties  administered  by  men  exempt  from  the  ^'.'^'^,j_'^*^^[. 
passions  incident  to  human  nature."  confcdera- 

These    citations,    while    they   pourtray   the   radical  "^"' 
errors  existing  in  the  compact  of  the  confederation, 
serve  also  to  illustrate  the  causes  which  made  that  sys- 
tem of  administration  such  as  it  was,  and  which  ren- 
dered it  so  feeble  and  so  defective ;     I  repeat  again,  it 
was  the  controversy  which  arose  between  the  several 
colonics,  or  states,  and  the  general  government  sought 
to  be  established,  as  to  the  general  powers  of  sover- 
eignty.    And  why  this  controversy  ?     There  was  no 
such  thing  as  independent  state  sovereignty  outside  of 
the  provisions  of  the  Confederation.    There  was  no  such 
thing  as  a  state  organization  before  the  declaration  of 
independence :     And  there  never  was  any  such  thing 
in  America  as   an  independent  colonial   sovereignty.  The  idea 
Whence,  then,  originated  this  idea  of  sovereignty  in  the  goy^reLn. 
state  independent  of   the   compact  for  their  general  ty,  whence 
union?     And  upon  what  is  it  based?     It  was  their *^"^' 
compact  of  union  alone,  incomplete  as  it  may  have  been 
before  the  confederation,  which  transformed  the  Brit- 
ish provinces  in  America  from  a  state  of  colonial  vas- 
salage to  the  condition  of  independency  and  freedom. 
Not  a  special,  subdivided,  or  several  independency,  but 
an  independency  based  upon  the  specific  and  substan- 
tial idea  of  national  unity.     The  truth  is,  that  this  idea 
of  exclusive  state  sovereignty  was  originally  the  sug- 
gestion of  the  enemies  of  freedom  in  America,  to  pre- 
vent, if  possible,  the  compact  of  permanent  union  under  See  ante, 
the  Confederation:     It  was  the  artful  invention  of  the 739^7^. 
ministerial  power  in  England  to  destroy  the  harmoni- 
ous union  of  the  states  during  their  transition  from  a 
state  of   vassalage   to  one  of  independency.     I  have 
shown  how  it  embarrassed  and  delayed  the  ratification 
of  the  articles  of  confederation  in  the  several  colonies : 
And  we  now  see  how,  while  the  states  claimed  for  them- 
selves those  prerogatives,  and  aimed  to  restrict  the 


886  THE   GOVERNMENTAL    HISTORY   OF 

Part  IV.  thk  peruanknt  union 

Defects  of  powers  of  the  national  administration,  a  government 
pact^of'the  ^^^  erected  whose  executive  authority  was  dependent 
confedera-  on  their  will  and  deliberations. 

If  we  could  suppose  it  to  operate  at  all,  such  a  gov- 
ernment must  necessarily  experience  great  embarrass- 
ment in   its  operations.     For    could   we   suppose  the 
unanimous  consent  of  these  several  bodies  to  its  enact- 
ments, that  each  was  ready  and  eager  promptly  to  execute 
them,  it  would  yet  be  long  before  the  ordinary  forms 
of  their  administration  could  bring  to  its  aid  the  most 
needful  requisitions  ;  and  promptitude,  especially  in  the 
then  circumstances  of  the  nation,  was  essential  to  the 
successful  termination  of  its  measures.     But  this  is  sup- 
ereruT^"  P^^^^^S  what   it  was   impossible,  in  the  natural  course 
and  the      of  things,  could  exist,  where  there  was  so  much  occa- 
govern-     ^^^'^  ^^^'  diversity.     It  could  not  be  expected,  where  the 
meut.        several   states  were   liable  to  be  swayed  each  by  its 
respective   sectional   aims,  or  by  political  rivalry,  that 
unanimity  would  prevail,  or  that  a  government  so  de- 
pendent could  be  preserved.     Experience  had  proved 
its  fearful  inefficiency  during  the  war  of  the  revolution ; 
and  after  peace  was  proclaimed  and  established ;  after 
the  perplexities  and  anxieties,  and  more  pressing  sense 
of  mutual  dependence  incident  to  the  war,  were  allayed ; 
after  the  primary  object  of  their   union  was   accom- 
plished, and  the  power  of  the  crown  was  wholly  exter- 
minated ;  after  their  independence  was  definitely  con- 
ceded by  the  parent  state ;  the  states  were  ready  with 
StoiT^  ^^  '  plausible  pretexts  for  evading  the  requisitions  of  con- 
Kent,        gross.* 

The  accumulating  difficulties  originating  under  such 
a  system  of  administration,  and  the  consequently 
increasing  embarrassments  of  the  general  government, 
if  it  could  be  called  such,  left  scarcely  a  vestige  of  hope 
The  sum-  that  it  could  long  be  respected  or  preserved.  The 
treasury,  which  was  never  full,  was  now  entirely  ex- 
hausted ;  and  the  responsibilities  were  constantly  mul- 
tiplying, while  the  public  faith  was  gone,  of  a  nation, 


THE   UNITED   STATES   OF   AMERICA.  887 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

still  struggling  for  independence,  and  burthened  with  Defects  of 
a  debt  of  142,000,375,  the   annual   interest  of  which '^'^''T;, 

^'^       '     ,  pact  of  the 

was  $2,415,950;  which  consisted  chiefly  of  loans  ob- confedera- 
taincd  from  France  and  Holland;  and  the  remainder  '°°' 
from  its  own  citizens,  who  had  also  periled  their  lives, 
and  poured  out  their  blood,  and  nobly  fought  for  its 
redemption. 

Yet  few  seem  to  have  been  moved  by  those  alarming 
symptoms  of  ruin  and  decay  which  were  rapidly  devel- 
oping around  them.  The  earliest  suggestion  which 
was  made  of  the  inefficiency  of  the  compact  of  the  con- 
federation as  an  instrument  of  government,  emanated 
from  the  legislature  of  New  York,  in  July,  1782.  >rew-York 
almost  as  soon  as  it  had  any  being.    Concurrent  resolu- f"Sges^ 

.  .  the  ineffi- 

tions  were  introduced  in  the  senate  of  that  state,  by  cicncy  of 
General  Schuyler,  and  passed  both  houses,  wherein  it  erat^on  ^  " 
was  declared,  that  "  the  radical  source  of  most  of  the  J"iy.  i'?82. 
existing   embarrassments,   was   the   want  of  sufficient 
power  in  congress  ;  that   the  confederation  was  defect- 
ive in  several  important  points  ;  and  particularly  in  not 
vesting  the  federal  government,  either  with  a  power  of 
providing  a  revenue  for  itself,  or  with  ascertained  and 
productive  funds ;  that   its    defects   could   not   be   re- 
paired, nor  the  powers  of  congress  extended,  by  partial 
deliberations  of  the  states  separately ;  and  that  it  was 
advisable  to  propose  to  congress  to  recommend,  and  to 
each  state  to  adopt,  the  measure  of  assembling  a  gen- 
eral convention  of  the  states,  specially  authorized  to  revise     * 
and  amend  the  articles  of  confederation." 

This  was  followed  by  a  resolution  of  the  congress,  Resolution 
wherein  it  was  declared,  "  that  it  is  the  opinion  of  con- ^^^'^'^""J"^^ 

^  upon  the 

gross,  that   the  establishment  of  permanent  and  ade-sugges- 
quate  funds   on   taxes   oi;  duties,  which  shall  operate  New- York, 
generally,  and  on  the  whole  in  just  proportion,  through- i^eb.  12th, 
out   the   United    States,   are   indispensably   necessary 
towards  doing  complete  justice  to  the  public  creditors; 
for  restoring  public  credit ;  and   for  providing  for  the 
further  exigencies  of  the  war." 


888  THE   GOVERNMENTAL   HISTORY   OF 

PaKT    IV.  THE    PERMANENT    UNION 

Defects  of      Subsequently  to  this  a  resolution  was  passed,  "  that 

pact  ot'the ^^  ^^  recommended  to  the  several  states,  as  indispensa- 

coiifcdera-  bly  neccssary  to  the  restoration  of  public  credit,  and  to 

the  punctual   and  honoral)le   discharge  of  the   public 

debts,  to  invest  the  United  States  in  Congress  assembled, 

with  a  power  to  levy  for  the  use  of  the  United  States, 

the  following  duties  upon  goods  imported  into  the  said 

states  from  any  foreign  port,  island,  or  plantation,  viz. : 

Upon  all  rum  of  Jamaica  proof,  per  gal.,  4-90thsof  adoll. 

Upon  all  other  spirituous  liquors, 

Upon  Madeira  wine. 

Upon  all  other  wines,     . 

A  system   Upon  common  Bohea  tea,  per  lb., 

of  general  Upon  all  otlicr  teas,      . 

revenue  '■  ' 

proposed    Upon  pepper,  per  lb., 

staSr  by   Upoii  'Jrown  sugar,  per  lb.,     . 

congress,    Upou  loaf  sugar,    . 

1783.       '  Upon  all  other  sugars. 

Upon  molasses,  per  gallon, 
Upon  cocoa  and  coffee,  per  lb., 

"  Upon  all  other  goods,  a  duty  oi  five  per  ct.  ad  valo- 
rem, at  the  time  and  place  of  importation  : 

Duration        "  These  articles  to  continue  for  twenty-five  years  ; 

priation  of  ^i^d  the  revenue  thence  accruing  to  be  applied,  solely 

this  reve-  and  exclusively,  to  the  payment  of  the  principal  and 
interest  of  the  public  debt.  The  collectors  to  be  ap- 
pointed by  the  states,  but  to  be  amenable  to  and  re- 
movable by  congress  alone." 

Permanent     It  was  further  "  recommended  to  the  several  states  to 

rGouisi" 

tions  on  establish,  for  a  term  limited  to  twenty-five  years,  and  to 
the  states,  appropriate  to  the  discharge  of  the  interest  and  princi- 
pal of  the  debts  contracted  by  the  United  States  for 
supporting  the  war,  substantial  and  effectual  revenues 
of  such  nature  as  they  may  judge  most  convenient,  for 
supplying  their  respective  proportions  of  one  million  five 
hundred  thousand  dollars  annually,  exclusive  of  the 
afore-mentioned  duties ;  which  proportion  shall  be  fixed 
and  equalized,  from  time  to  time,  according  to  the  rule 
which  is  or  may  be,  prescribed  by  the  articles  of  con- 


3-90ths 

do. 

12-90ths 

do. 

6-90ths 

do. 

6-90ths 

do. 

24-90ths 

do. 

3-90ths 

do. 

|-90th 

do. 

2-90ths 

do. 

l-90th 

do. 

l-90th 

do. 

l-90th 

do. 

THE   UNITED   STATES   OP   AMERICA. 


889 


UNDER  THE    CONFEDERATION. 


Part  IV. 


federation  :  And  in  case  the  revenues  established  by  any 
state,  shall  at  any  time  yield  a  sum  exceeding  its  actual 
proportion,  the  excess  shall  be  refunded  to  it :  And  in 
case  the  revenues  of  any  state  shall  be  found  to  be  defi- 
cient, the  immediate  deficiency  shall  be  made  up  by 
such  state  with  as  little  delay  as  possible  ;  and  a  future 
deficiency  guarded  against  by  an  enlargement  of  the 
revenues  established.  Provided,  that  until  the  rule  of 
the  Confederation  can  be  carried  into  practice,  the  pro- 
portions of  the  said  1,500,000  dollars  _shall  be  as  fol- 
lows, viz. : 

New-Hampshire,       .  .  *  .       852,708 

Massachusetts,    ....  224,427 

Rhode  Island,  ....         32,318 

Connecticut,       .  .  .         "    .  132,091 

New-York,  ....       128,243 

New-Jersey,        ....  83,358 

Pennsylvania,  ....       205,189 

Delaware,  ....  22,443 

Maryland,  .....  141,517 
Virginia,  ....  250,487 

North-Carolina,  ....  109,006 
South-Carolina,  .  .  .  96,183 

Georgia,       .....  16,030 

"  The  said  last-mentioned  revenues  to  be  collected 
by  persons  appointed  as  aforesaid,  but  to  be  carried  to 
the  separate  credit  of  the  states  within  which  they  shall 
be  collected,  and  an  annual  account  thereof  rendered. 
That  none  of  the  preceding  resolutions  shall  take  effect 
until  all  of  them  shall  be  acceded  to  by  every  state ;  after 
which  unanimous  accessions,  however,  they  shall  be 
considered  as  forming  a  mvtual  compact  among  all  the 
states,  and  shall  be  irrevocable  by  any  one  or  more  of 
them  without  the  concurrence  of  the  whole,  or  of  a  ma- 
jority of  the  United  States  in  Congress  assembled,"  and 

"  That  as  a  further  means,  as  well  of  hastening  the 
extinguishment  of  the  debts,  as  of  establishing  the  har- 
mony of  the  United   States,  it  be  recommended  to  the 


Defects  of 
the  com- 
pact of  the 
couledera- 
tiou. 

System  of 
general 
revenue 
proposed 
to  the 
states  by 
congress, 
April  18th, 
1783. 


Apportion- 
ment on 
the  states. 


The  ces- 
sion of 
western 
lands. 


890  THE  GOVERNMENTAL  HISTORY  OP 

PaKT    IV.  THE    PERMANENT    UNION 

Defects  of  states,  which  have  passed  no  acts  towards  complying 
mct'onhc  w^^-^i  *^^^  resolutions  of  congress  of  the  sixth  of  Sep- 
confedera-  tembcr  and  tenth  of  October,  1780,  relative  to  the  ces- 
sion of  territorial  claims,  to  make  the  liberal  cessions 
See  ante,  therein  recommended ;  and  to  the  states  which  may 
752*^754  '  have  passed  acts  complying  with  the  said  resolutions  in 
and  part    pa^j;  only,  to  revise  and  complete  such  compliance." 

These  resolutions  were  accompanied  with  another, 
proposing  to  the  states  an  amendment  of  the  eighth  of 
the  articles  of  confederation,  so  as  to  establish  a  more 
convenient  and  certain  rule  of  ascertaining  the  propor- 
tions to  be  supplied  by  the  states  respectively  to  the 
common  treasury. 

These  resolutions  were  also  accompanied  by  an  address 
prepared  by  a  committee  consisting  of  Mr.  Madison, 
Mr.  Ellsworth,  and  Mr.  Hamilton,  which  was  by  them 
reported  to  Congress  on  the  twenty-sixth  of  April, 
1783.  This  address  so  fully  sets  forth  the  condition  of 
public  affairs  at  this  time,  and  so  well  illustrates  the 
defects  in  the  confederation,  that  I  deem  it  essential  to 
my  purpose  to  insert  it  entire. 

"  Address  to  the  States,  by  the  United  States  in 
Congress  assembled. 
Address  of  "The  prospect  which  has  for  some  time  existed,  and 
*^®^^g^*  "^^  which  is  now  happily  realized,  of  a  successful  termination 
States,  on  q{  the  war,  together  with  the  critical  exigencies  of  public 
fairs'^Vr-  affairs,  have  made  it  the  duty  of  Congress  to  review 
26th,  1783.  ^^^^  provide  for  the  debts  which  the  war  has  left  upon 

See  ante,  ^  ^ 

page  729.  the  United  States,  and  to  look  forward  to  the  means 
of  obviating  dangers  which  may  interrupt  the  harmony 
and  tranquillity  of  the  Confederacy.  The  result  of 
their  mature  and  solemn  deliberations  on  these  great 
objects,  is  contained  in  their  several  recommendations 
of  the  eighteenth  inst.,  herewith  transmitted.  Al- 
though these  recommendations  speak  themselves  the 
principles  on  which  they  are  founded,  as  well  as  the 
ends  which  they  propose,  it  will  not  be  improper  to 


THE   UNITED   STATES   OP   AMERICA.  891 


UNDER    THE    CONFEDERATION.  PaRT    IV. 


enter  into  a  few  explanations  and  remarks,  in  order  to  Defects  of 
place  in  a  stronger  view  the  necessity  of  complying  *|^*^,^^^J^"^ 

with  them.  confedera- 

"  The  first  measure  recommended  is,  effectual  provision  *'""' 
for  the  debts  of  the  United  States.     The  amount  of  Address  of 
these  debts,  as  far  as  they  can  now  be  ascertained,  isto'^the 
$42,000,375,  as  will  appear  by  the  schedule  No.  1.*^*=^*^^^' o° 

m       T     1  •       •      1       i»     1  •  public  af- 

lo  Qischarge  the  principal  of  this  aggregate  debt  at  fairs,  Apr. 

. 26tb,  1783. 

*  Paper  No.  1.     An  estimate  of  the  National  Debt. 

Livres.      Dollars. 
Due  to  the  Farmers  General  of  France,  1,000,000 

To  individuals  in  France  on  unliquidated  ac- 
counts, estimated,  .  .  .  3,000,000 
To  the  Grown  of  France,  including  a  Loan  of 
10,000,000  borrowed  in  Holland,  and  for 
which  France  is  guarantee,        .             .        28,000,000 
To  ditto,  a  Loan  for  1783,        .             .                6,000,000 


38,000,000 
At  5  livres,  8  sous  per  dollar,       .  .  .       $7,037,037 

To  lenders  in  Holland,  received  in  part  of 
the  Loan  contracted  for  by  Mr.  J.  Adams, 

1,G78,U00  florins,  .....       671,200 

Borrowed  in  Spain,  by  Mr.  Jay,  .  .  .  150,000 

One  year's  interest  of  Dutch  Loan  of  10,- 

000,000  livres,  .....  26,848 


Foreign  Debt,  1st  January,  1783,         .  .        $7,885,085 

DOMESTIC    DEBT. 

On  Loan  Office  certificates,  reduced  to  specie  value,  $11 ,463,802 

Interest  unpaid  for  1781,          .             .             .  190,000 

Ditto,           "             1782,    ....  687,828 

Credit  to  sundries  in  Treasury  Books,              .  638,042 

Army  Debt  to  3l6t  December,  1782,          .             .  5,635,618 

Uuli(juidated  Debt,  estimated  at            .             .  8,000,000 
Connnutatiou  to  the  Army  agreeable  to  the  act  of 

22d  March  last,      ....  5,000,000 

Bounty  due  Privates,          ....  500,000 

Deficiencies  in  1783,  suppose  .            .            .  2,000,000  34,115,290 


Total  Debt,       .  .  $42,000,375 

ANNTjAL    INTEREST    ON   DEBT. 

On  the  Foreign  Debt,  part  4,  and  part  6  per  ct.,   $369,038.6 

On  the  Domestic  Debt,  at  6  per  ct.,  2,046,917.4— $2,415,956  See  p.  730. 


892  THE  GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  permanent  union 

Defects  of  once,  or  in  any  short  period,  is  evidently  not  within 

*act^of'the  *^^^  compass  of  our  resources  ;  and  even  if  it  could  be 

coniedera-  accomplished,  the  ease  of  the  community  would  require 

that  the  debt  itself  should  be  left  to  a  course  of  grad- 

Address  of  ual  extinguishment,  and  certain  funds  be  provided  for 

theU.S.A.  paying,  in  the  mean  time,  the  annual  interest.     The 

states,  on   amount  of  the  annual  interest,  as  will  appear  by  the 

foirs'^^Api-  P^PCi'  1^^^  referred  to,  is  computed  to  be  $2,415,956 

26th',  1783.  dollars.     Funds,  therefore,  which   will   certainly   and 

punctually  produce  this  annual  sum  at  least,  must  be 

provided. 

"/«  devising  these  funds,  congress  did  not  overlook 
the  mode  of  supplying  the  common  treasury  provided 
by  the  Articles  of  Confederation.     But  after  the  most 
respectful  consideration  of  that  mode,  they  were  con- 
Hode         strained  to  regard  it  as  inadequate  and  inapplicable  to 
adopted     i\^q  form  iuto  which  the  public  debt  must  be  thrown. 
eonfedera-  The  delays  and  uncertainties  incident  to  a  revenue  to 
fective'     ^^  established  and  collected  from  time  to  time  by  thir- 
teen independent  authorities,  is  at  first  view  irrecon- 
cilable with  the  punctuality  essential  in  the  discharge 
of  the  interest  of  a  national  debt.     Our  own  experience, 
after  making  every  allowance  for    transient    impedi- 
ments, has  been  a  sufficient  illustration  of  this  truth. 
Some  departure,  therefore,  in  the  recommendations  of 
congress,  from  the  federal  constitution,  was  unavoid- 
able ;  but  it  will  be  found  to  be  as  small  as  could  be 
reconciled  with  the  object  in  view,  and  to  be  supported 
besides  by  solid  considerations  of  interest  and  sound 
policy. 
The  pro-        "  The  fund  which  presented  itself  on  this,  as  it  did  on 
posed  sys-  a  former  occasion,  was  a  tax  on  imports.     The  reasons 
revenue,     whicli  recommended  this  branch  of  revenue  have  here- 
tofore been  stated  in  an  act  of  which  a  copy  (No.  2*) 
is  now  forwarded,  and  need  not  be  here  repeated.     It 
*See  post,  will  suSice  to  recapitulate,  that  taxes  on  consumption 
page  902.   ^^^  always  least  burdensome,  because  they  are  least 
felt,  and  are  borne,  too,  by  those  who  are  both  willing 


THE    UNITED    STATES    OF    AMERICA.  893 

UNDER    THE    CONFEDERATION.  PaKT    IV. 

and  able  to  pay  them :  That,  of  all  taxes  on  consump-  Defects  of 
tion,  those  on  foreign  commerce  are  most  compatible  p.'^'^^^'""'[jjg 
with  the  genius  and  policy  of  free  states :  That  from  Lont'udura. 
the  relative  positions  of  some  of  the  more  commercial 
states,  it  will  be  impossible  to  Ifl'ing  this  essential  re- Address  of 
source  into  use  without  a  concerted  uniformity :  That  to\i,e' '  ' 
this  uniformity  cannot  be  concerted  through  any  chan-*'^'"'^,'^'^'  op 

,  ,  1  7-  public  al- 

nel  so  properly  as  through  congress,  nor  tor  any  pur-  fairs,  Apr. 

pose  so  aptly  as  for  paying  the  debts  of  a  revolution  ^^''^''' ^'^^^• 

from  which  an  unbounded  freedom  has   accrued  to 

commerce. 

"i«  renewing'  this  proposition  to  the  states,  we  have  Duration 

not  been  unmindful  of  the  objections  which  heretofore"''  ^^^ 

T        .  p    .         ,  system. 

frustrated  the  unanimous  adoption  of  it.     We  have 

limited  the  duration  of  the  revenue  to  the  term  of 
twenty-five  years  ;  and  we  have  left  to  the  states  them- 
selves the  appointment  of  the  officers  who  are  to  collect 
it.  If  the  strict  maxims  of  natural  credit  alone  were 
to  be  consulted,  the  revenue  ought  manifestly  to  be 
co-existent  with  the  object  of  it,  and  the  collection 
placed  in  every  respect  under  that  authority  which  is 
to  dispense  the  former,  and  is  responsible  for  the  latter. 
These  relaxations  will,  we  trust,  be  regarded  on  one 
hand  as  the  effect  of  a  disposition  in  congress  to  attend 
at  all  times  to  the  sentiments  of  those  whom  they 
serve  ;  and  on  the  other  hand,  as  a  proof  of  their  anx- 
ious desire  that  provision  may  be  made  in  some  way  or 
other  for  an  honorable  and  just  fulfillment  of  the  en- 
gagements which  they  have  formed. 

"To  render  this  fund  as  productive  as  possible,  andAdjust- 
at  the  same  time  to  narrow  the  room  for  collusions  and  Ss?^ 
frauds,  it  has  been  judged  an  improvement  of  the  plan, 
to  recommend  a  liberal  duty  on  such  articles  as  are 
most  susceptible  of  a  tax  according  to  their  quantity, 
and  arc  of  most  equal  and  general  consumption ;  leav- 
ing all  other  articles,  as  heretofore  proposed,  to  be 
taxed  according  to  their  value. 

"  The  amount  of  this  fund  is  computed  to  be  915,956  Amount. 


894  THE   GOVERNMENTAL    HISTORY   OF 


Part  IV.  the  permanent  union 


Defects  of  dollars.     The  estimates  on  which  the  computation  is 
^'^^'^^"^^    made  are  detailed  in  paper  No.  3.*     Accuracy  in  the 

pact  01  the  ^     ^  .  i  •      .     • 

confedera-  first  cssay  ou  SO  complcx  and  fluctuating  a  subject,  is 

*^^"'  not  to  be  expected.     It  is  presumed  to  be  as  near  the 

Address  of  truth  as  the  defect  of*  proper  materials  would  admit. 

to^he^""^"      "  ^''^^  residue  of  the  computed  interest  is  $1,500,000, 

States,  on  and  is  referred  to  the  states  to  be  provided  for  by  such 

Falrs'^^Ap'r.  fuuds  as  they  may  judge  most  convenient.     Here  again 

26th,  1783.  ^l^e  strict  maxims  of  public   credit  gave  way  to  the 

desire  of  congress  to  conform  to  the  sentiments  of  their 

constituents:     It  ought  not  to  be  omitted,  however, 

with  respect  to  this  portion  of  the  revenue,  that  the 

*  Paper  No.  3.  An  estimate  of  the  produce  of  the  impost  on  imported 
articles. 

Before  the  war  the  exports  from  Great  Britain  to  America  were  esti- 
mated at  three  and  a  half  milhons  sterling,  in  which  was  included  tea ; 
but  there  were  importations  from  Ireland  and  Scotland,  as  well  as  from 
Holland,  not  included  in  that  estimate.  It  is  now  thought  best  to  esti- 
mate the  imports  of  all  goods  from  Europe,  exclusive  of  tea,  brandy  and 
wine,  at  3,500,000  sterling— at  4s.  Gd.  per  dollar,  is  15,555,554  dollars. 
Impost  of  5  per  ct.,  ad  valorem,         .  .  .         $777,773 

On  2,000,000  gallons  of  rum  and  other 

spirits,    .  .  .  3-90ths  per  gallon,  66,666.60-90 

100,000  ditto  Maderla  wine,  12-90th3  13,333.30 

600,000     "     other  wine, 
300,000  lbs.  Bohea  tea, 
25,000   "     other  tea, 
75,000  cwt. sugar  (including loaf,)  56 
200,000  lbs.  coffee  and  cocoa, 
2,000,000  gallons  molasses. 


Net  Revenue  on  this  estimate,  $915,956 

There  are  no  precise  data  from  which  this  computation  could  be  made 
with  any  degree  of  certainty.  The  number  of  inhabitants  has  governed 
in  part,  and  the  imports  of  particular  articles  into  the  port  of  Philadel- 
phip  have  been  attended  to.  The  exactitude  of  the  computation  is  of  the 
less  consequence,  as  the  act  of  the  16th  December,  1782,  provides,  that 
if  the  revenue  shall  at  any  time  exceed  the  annual  interest,  the  residue 
shall  form  a  sinking  fund  for  the  discharge  of  the  principal ;  and  if  it  shall 
be  found  insufficient,  the  states  will  be  called  upon  to  enlarge  their  grants 
of  revenue. 


6 

40,000 

6 

20,000 

24 

6,666 

56 

46,666 

1 

2,222 

1 

22,223 

996,550 

lit  8  per  ct., 

79,594 

THE   UNITED   STATES   OF  AMERICA.  895 


UNDER    THE    CONFEDERATION.  PaRT    IV. 


mode  in  which  it  is  to  be  supplied,  varies  so  little  from  Defects  of 
that  pointed  out  in  the  articles  of  confederation  :  and  ^^^  <^o"i- 

*  .  '  pact  of  the 

the  variations  are  so  conducive  to  the  great  ol)jcct  pro- confedera- 
posed,  that  a  ready  and  unqualified  compliance  on  the^''^"* 
part  of  the  states  may  be  the  more  justly  expected.  Address  of 
In  fixing  the  quotas  of  this  sum,  Congress,  as  may  be  ^^^thl' ^"'^' 
well  imagined,  were  guided  by  very  imperfect  lights,  states  on 
and  some  inequalities  may  consequently  have  ensued,  fairs, April, 
These,  however,  can  be  but  temporary,  and  as  far  as  ^'^^^• 
they  may  exist  at  all,  will  be  redressed  by  a  retrospect- 
ive adjustment,  as  soon  as  a  constitutional  rule  can  be 
applied. 

"  The  necessity  of  making  the  two  foregoing  pro  vis- Necessity 
ions  one  indivisible   and   irrevocable,  act  is  apparent.  °^  *^^^  P*^"*' 

i  »  manency 

Without  the  first  quality,  partial  provision  only  might  of  the  pro- 
be made  where  complete  provision  is  essential ;  nay,  asfe^m!  ^^^* 
some  states  might  prefer  and  adopt  one  of  the  funds 
only,  and  the  other  states  the  other  fund  only,  it  might 
happen  that  no  provision  at  all  would  be  made  :  With- 
out the  second,  a  single  state  out  of  the  thirteen  might 
at  any  time  involve  the  nation  in  bankruptcy,  the  mere 
practicability  of  which  would  be  a  fatal  bar  to  the  es- 
tablishment of  national  credit.  Instead  of  enlarging  on 
these  topics,  two  observations  are  submitted  to  the  jus- 
tice and  wisdom  of  the  legislatures :  Firsts  the  present  The  public 
creditors,  or  rather  the  domestic  part  of  them,  having  ^"^^  ^'°'^^' 
either  made  their  loans  for  a  period  which  has  expired, 
or  having  become  creditors  in  the  first  instance  invol- 
untarily, are  entitled  on  the  clear  principles  of  justice 
and  good  faith  to  demand  the  principal  of  their  credits, 
instead  of  accepting  the  annual  interest.  It  is  neces- 
sary, therefore,  as  the  principal  cannot  be  paid  to  them 
on  demand,  that  the  interest  should  be  so  effectually 
and  satisfactorily  secured,  as  to  enable  them,  if  they 
incline,  to  transfer  their  stock  at  its  full  value.  Sec- 
ondly;  if  the  funds  be  so  firmly  constituted  as  to 
inspire  a  thorough  and  universal  confidence,  may  it  not 
be  hoped,  that  the  capital  of  the  domestic  debt,  which 


896  THE   GOVEENMENTAL    HISTORY    OF 

Part  IV.  the  permanent  union 

Defects  of  bears  the  high  interest  of  six  per  cent.,  may  he  can- 

P^^^^^f\"i^g  celed  by  other  loans    obtained  at  a   more  moderate 

confedera-  interest  ?     The  saving  by  such  an  operation,  would  be 

a  clear  one,  and  might  be  a  considerable  one.     As  a 

Address  of  proof  of  the  neccssity  of  substantial  funds  for  the  sup- 

to^the       poi't  ^^  o^^  credit  abroad,  we  refer  to  paper  No.  4.* 

states  on        "  Tlius  much  foT  the  interest  of  the  national  debt : 

fairs.AprU  For  the  discharge  of  the  principal  within  the  term  lim- 

^"^^^^         ited,  we  rely  on  the  natural  increase  of  the  revenue 

from  commerce  ;  on  requisitions  to  be  made  from  time 

to  time  for  that  purpose,  as  circumstances  may  dictate ; 

and  on  the  prospect  of  vacant    territory.      If  these 

Principal    resources  prove  inadequate,  it  will  be  necessary  at  the 

^onal  ^^'  expiration  of  twenty-five  years,  to  continue  the  funds 

debt.         now  recommended,  or  to  establish  such  others  as  may 

then  be  found  more  convenient. 

"  With  a  vieiv  to  the  resource  last  mentioned,  as  well 
as  to  obviate  disagreeable  controversies  and  confusions, 
See  ante,    Congress  have  concluded  in  their  present  recommenda- 
754,     '     tions  a  renewal  of  those  of  the  sixth  day  of  September, 
and  of  the  tenth  day  of  October,  1780 :     In  both  these 
respects,  a  liberal  and  final  accommodation  of  all  inter- 
fering claims  of  vacant  territory,  is  an  object  which 
cannot  be  pressed  with  too  much  solicitude. 
Amend-         "  The   last   object  recommended  is,  a  constitutional 
"oTfedera-^  change  of  tlic  rule  by  which  a  partition  of  the  common 
tion.  burdens  is  to  be  made.     The  expediency,  and  even  ne- 

cessity of  such  a  change,  has  been  sufficiently  enforced 
by  the  local  injustice  and  discontents  which  have  pro- 
ceeded from  valuations  of  the  soil  in  every  state  where 
the  experiment  has  been  made.  But  how  infinitely 
must  these  evils  be  increased,  on  a  comparison  of  such 
valuations  among  the  states  themselves !  On  whatso- 
*See  post,  ever  side  indeed  this  rule  be  surveyed,  the  execution 
page  900.  ^^  .^  ^^^^^^  ^^  attended  with  the  most  serious  difficul- 
ties. If  the  valuations  be  referred  to  the  authorities 
of  the  several  states,  a  general  satisfaction  is  not  to  be 
hoped  for;     If   they  be  executed  by  officers  of  the 


THE   UNITED   STATES   OP   AMERICA.  897 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

United  States  traversing  the  country  for  that  purpose,  Defects  of 
besides  the  irregularities  against  which  this  mode  would  patt^ofVhe 
be  no  security,  the  expense  would  be  both  enormous  J^J^'J^'"^''^'^'"^' 
and  obnoxious :     If  the  mode  taken  in  the  act  of  the 
17th  of  February  last,  which  was  deemed  on  the  whole  Addres^  of 
least  objectionable,  be  adhered  to,  still  the  insufficiency  td^'the 
of  the  data  to  the  purpose   to  which  they  are  to  ^Je  ^^^^^f/J^ «" 
applied,  must  greatly  impair,  if  not  utterly  destroy,  all  lahs.April, 
confidence  in  the  accuracy  of  the  result,  not  to  mention 
that  as  far  as  the  result  can  be  at  all  a  just  one,  it  will 
be   indebted   for   the   advantage   to   the    principle  on 
which  the  rule  proposed  to  be  substituted  is  founded. 

"  This  rule,  although  not  free  from  objections,  is  liable  Amend- 
to  fewer  than  any  other  that  could  be  devised.  The  ^jj^  ^Q^fg^ 
only  material  difficulty  which  attended  it  in  the  delib-  cration. 
erations  of  Congress,  was  to  fix  the  proper  difierenco 
between  the  labour  and  industry  of  free  inhabitants, 
and  of  all  other  inhabitants.  The  ratio  ultimately 
agreed  on  was  the  effect  of  mutual  concessions ;  and 
if  it  should  be  supposed  not  to  correspond  precisely 
with  the  fact,  no  doubt  ought  to  be  entertained  that  an 
equal  spirit  of  accommodation  among  the  several  legis- 
latures, will  prevail  against  little  inequalities  which 
may  be  calculated  on  one  side  or  on  the  other.  But 
notwithstanding  the  confidence  of  Congress,  as  to  the 
success  of  this  proposition,  it  is  their  duty  to  recollect 
that  the  event  may  possibly  disappoint  them ;  and  to 
request  that  measures  may  still  be  pursued  for  obtain- 
ing and  transmitting  the  information  called  for  in  the 
act*  of  the  seventeenth  February  last,  which  in  such 
event  will  be  essential. 

"  The  plan  thus  communicated  and  explained  by  Con- 
gress must  now  receive  its  fate  from  their  constituents. 
All  the  objects  comprised  in  it  are  conceived  to  be  of 
great  importance  to  the  happiness  of  this  Confederated 
Republic,  are  necessary  to  render  the  fruits  of  the  rev- 

*  An  act  rr^quiring  the  state  legislatures  to  furnish  Congress  with  an 
accurate  survev,  and  account,  of  lands  granted  or  conveyed  by  them. 

57 


898 


THE   GOVERNMENTAL   HISTORY   OP 


Part  IV 


THE    PKKIIANENT    UNION 


Defects  of 
tlie  coiii- 
pact  of  the 
confedera- 
lion. 

Address  of 
the  U.  S.A. 
to  the 
states  on 
public  al- 
fairs,Apiil, 


The  pro- 
vision for 
the  nation- 
al debt. 


Public 

creditors, 

France. 


Foreign 
creditors. 


olutioii  a  full  reward  for  the  blood,  the  toils,  the  cares, 
and  the  calamities  which  have  purchased  it.  But  the 
object  of  which  the  necessity  will  be  joeculiarly  felt, 
and  which  it  is  peculiarly  the  duty  of  Congress  to  incul- 
cate, is  the  provision  recommended  for  the  national 
debt. 

"  Although  this  debt  is  greater  than  could  have  been 
wibhed,  it  is  still  less  on  the  whole  than  could  have 
been  expected;  and  when  referred  to  the  cause  in 
which  it  has  been  incurred,  and  compared  with  the  bur- 
dens which  wars  of  ambition  and  vain-glory  have  en- 
tailed on  other  nations,  ought  to  be  borne  not  only  with 
cheerfulness  but  with  pride.  But  the  magnitude  of  the 
debt  makes  no  part  of  the  question.  It  is  sufficient 
that  the  debt  has  been  fairly  contracted,  and  that  jus- 
tice and  good  faith  demand  that  it  should  be  fully  dis- 
charged. Congres  shad  no  option  but  between  different 
modes  of  discharging  it.  The  same  option  is  the  only 
one  that  can  exist  with  the  states.  The  mode  which 
has,  after  long  and  elaborate  discussion,  been  preferred, 
is,  wo  are  persuaded,  the  least  objectionable  of  any 
that  w^ould  have  been  equal  to  the  purpose.  Under 
this  persuasion,  we  call  upon  the  justice  and  plighted 
faith  of  the  several  states  to  give  it  its  proper  effect,  to 
reflect  on  the  consequences  of  rejecting  it,  and  to 
remember  that  Congress  will  not  be  answerable  for 
them. 

"  If  other  motives  than  that  of  justice  could  be  requi- 
site on  this  occasion,  no  nation  could  ever  feel  stronger; 
for  to  whom  are  the  debts  to  be  paid  ?  To  An  Ally,  in 
the  first  place,  who  to  the  exertion  of  his  arms  in  sup- 
port of  our  cause,  has  added  the  succors  of  his  treas- 
ure; who,  to  his  important  loans,  has  added  liberal 
donations ;  and  whose  loans  themselves  carry  the  im- 
pression of  his  magnanimity  and  friendship: 

"  To  individuals  in  a  foreign  country,  in  the  next 
place,  who  were  the  first  to  give  so  precious  a  token  of 
their  confidence  in  our  'ustice,  and  of  their  friendship 


THE   UNITED   STATES   OF  AMERICA.  899 

VNDKR    THE    CONFEDKRATION.  PaRT    IV. 

_ V 

for  our  cause,   and  who  are  members  of  a  republic  Defectg  of 
which  was  second  in  espousing  our  rank  among  »^- pa^t  orthe 

tions.  contederu- 

^^ Another  class  of  crcditoi'S  is,  that  illustrious  and 
patriotic  band  of  fellow-citizens,  whose  blood  and  whose  Address  of 
bravery  have  defended  the  liberties  of  their  country ;  to^tiig    ^  " 
who  have  patiently  borne,  among  other  distresses,  the  states  on 
privation  of  their  stipends,  whilst  the  distresses  of  their  fairs.April, 
country  disabled  it  from  bestowing  them :  And  who,  i''^^^- 
even  now,  ask  for  no  more  than  such  a  portion  of  their 
dues  as  will  enable  them  to  retire  from  the  field  of  vic- 
tory and  glory,  into  the  bosom  of  peace  and  private  cit- 
izenship, and  for  such  effectual  security  for  the  residue 
of  their  claims,  as  their  country  is  now  unquestionably 
able  to  provide. 

"T/ze  remaining-  class  of  creditors  is  composed  partly  Domestic 
of  such  of  our  fellow-citizens  as  oriffinallv  lent  to  the  ^/editors. 

.  CD  J  Assignees 

public  the  use  of  their  funds,  or  have  since  manifested  of  claims, 
most  confidence  in  their  country,  by  receiving  transfers 
from  the  lenders  ;  and  partly  of  those  whose  property 
has  been  either  advanced  or  assumed  for  the  public 
service.  To  discriminate  the  merits  of  these  several 
descriptions  of  creditors,  would  be  a  task  equally  un- 
necessary and  invidious.  If  the  voice  of  humanity 
plead  more  loudly  in  favor  of  some  than  of  others,  the 
voice  of  policy  no  less  than  of  justice,  pleads  in  favor 
of  all.  A  wise  nation  will  never  permit  those  who 
relieve  the  wants  of  their  country,  or  who  rely  most  on 
its  faith,  its  firmness,  and  its  resources,  when  either  of 
tliem  is  distrusted,  to  suffer  by  the  event. 

^^Let  it  be  remembered  finally,  that  it  has  ever  been  Their 
the   pride   and  boast  of  America,  that  the  ridits  for^'S^^^*^® 

°  same  for 

whicli  she  contended  were  the  rights  of  human  nature,  which  wc 
By  the  blessing  of  the  Author  of  these  rights  on  the '''''*'°'^''^' 
means  exerted  for  their  defence,  they  have  prevailed 
against  all  opposition,  and  form  the  basis  of  thirteen 
hidcpendent    states.     No   instance   has   heretofore  oc- 
curred, nor  can  any  instance  be  expected  hereafter  to 


900 


THE  GOVERNMENTAL   HISTORY   OP 


Part  IV. 


THE    PERMANENT    UNION 


Defects  of 
the  com- 
pact of  the 
confedera- 
tion. 

Address  to 
the  U.S.  A. 
to  the 
states  on 
public  af- 
fairs,April, 
1783. 

Conclu- 
sion. 


occur,  in  which  the  unadulterated  forms  of  republican 
government  can  pretend  to  so  fair  an  opportunity  of 
justifying  themselves  by  their  fruits. 

^'■In  this  vieio  the  citizens  of  the  United  States  are 
responsible  for  the  greatest  trust  ever  coniided  to  a  po- 
litical society.  If  justice,  good  faith,  honor,  gratitude, 
and  all  the  other  qualities  which  ennoble  the  character 
of  a  nation,  and  fulfill  the  ends  of  government,  be  the 
fruits  of  our  establishments,  the  cause  of  liberty  will 
acquire  a  dignity  and  lustre  which  it  has  never  yet  en- 
joyed ;  and  an  example  will  be  set  which  cannot  but 
have  the  most  favorable  influence  on  the  rights  of  man- 
kind. If,  on  the  other  side,  our  governments  should 
be  unfortunately  blotted  with  the  reverse  of  these  car- 
dinal and  essential  virtues,  the  great  cause  which  we 
have  engaged  to  vindicate,  will  be  dishonored  and  be- 
trayed ;  the  last  and  fairest  experiment  in  favor  of  the 
rights  of  human  nature  will  be  turned  against  them ; 
and  their  patrons  and  friends  exposed  to  be  insulted 
and  silenced  by  the  votaries  of  tyranny  and  usurpa- 
tion. 

^^By  order  of  the  United  States  in  Congress  assem" 
hledr  *         .»         * 


See  ante, 
page  896. 


The  document  referred  to  in  the  foregoing  address 
as  paper  No.  4,  contained  an  extract  from  a  letter  from 
Dr.  Franklin,  to  the  superintendent  of  finance,  bear- 
ing date  December,  1782 ;  and  a  letter  to  the  same 
from  the  Minister  Plenipotentiary  of  France,  bearing 
date  March  fifteenth,  1783.  Each  of  these  letters  is 
important  in  this  connection  as  illustrative  of  the  con- 
dition of  the  credit  of  the  United  States  abroad  at  their 
respective  dates  ;  and  showing  the  critical  condition  of 
the  public  affairs  under  the  defective  provisions  of  the 
compact  of  the  confederation.     Dr.  Franklin  wrote  : 

"Passy,  December  2Sd,  1782. 
"  Friday  last,  order  was  given  to  furnish  me  with  six 
Pec"' 1782.  liundrcd   thousand  livres   immediately,  and  I  was  an- 


Letter 

from  Dr. 

Franklin, 

on  the 

national 

credit 

abroad, 


THE   UNITED    STATES   OF   AMEPJCA.  901 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

swercd  by  M.  de'  Vcrgeniics,  '  that  the  rest  of  the  six  Defects  of 
millions  should  be  paid  us  quarterly  in  the  course  of  p^ct^^ofThe 
the  year  1783.'  I  pressed  hard  for  the  whole  sum  de- coufedera- 
manded,  but  was  told  '  it  was  impossible.' 

"  Our  people  certainly  ought  to  do  more  for  them- 
selves. It  is  absurd  the  pretending  to  be  lovers  of  lib- 
erty, while  they  grudge  paying  for  the  defence  of  it. 
It  is  said  here,  that  an  impost  of  five  per  cent,  on  all 
goods  imported,  though  a  most  reasonable  proposition, 
had  not  been  agreed  to  by  all  the  states,  and  was  there- 
fore frustrated  ;  and  that  your  newspapers  acquaint  the 
world  with  this,  with  the  non-payment  of  taxes  by  the 
people,  and  with  the  non-payment  of  interest  to  the 
creditors  of  the  public. 

"  The  knowledge  of  these  things  has  hurt  our  credit 
and  the  loan  in  Holland  ;  and  would  prevent  our  get- 
ting anything  here  but  from  government.  The  foun- 
dation for  credit  abroad  should  be  laid  at  home,  and 
certain  funds  should  be  prepared  and  established  before- 
hand, for  the  regular  payment  at  least  of  the  interest.''^ 

The  minister  of  France,  at  Philadelphia,  writes,  under  Letter  of 
date  March  15th,  1783,  to  the  U.  S.  superintendent  of  the  French 
finance  :  "  I  abstain  from  repeating  here  the  other  parts  phOadel- 
of  the  Count  de'  Vergennes'  dispatches,  which  I  had  P^^^'  °° 
the  honor  to  communicate,  because  the  truths  they  con-  credit, 
tain  are  well  known  to  you,  and  because  they  may  all  ^^H^ ' 
be  reduced  to  this  single  position,  that  without  a  speedy 
establishment  of  solid  general  revenue,  and  an  exact  per- 
formance of  the  engagements  which  Congress  have  made^ 
you  must  renounce  the  expectation  of  loans  in  Europe. 

"  I  am  ordered  also,  sir,  to  inform  Congress,  that  my 
Court  expect  they  will  have  taken  final  and  satisfactory 
measures  to  secure  payment  of  the  interest  of  the  debt 
contracted  with  his  majesty  by  the  United  States.     But 
I  content  myself  with  communicating  this  circumstance  *  jQyj.jj^jg 
to  you,  and  before  announcing  it  directly  to  Congress,  of  coa- 
I  will  wait  till  their  present  embarrassments  shall  be  nss.* 
diminished."* 


,;02  THE   GOVERNMENTAL   HISTORY    OF 

1'ART    IV.  THE    PERMANENT    UNION 

Defects  of  The  paper  referred  to  in  the  foregoing  address,  as 
pact^of  the  ^"-  ^*  ^^s  ^  lettQv  addressed  by  the  Congress  to  the 
coufedera- .governor  of  Rhode  Island,  December  sixteenth,  1782, 
remonstrating  witli  that  state  because  it  had  refused  to 
Letter  of  Comply  with  the  recommendation,  previously  made  by 
to'the  Gov.  ^^^°  congress,  for  a  duty  on  imposts  and  prize  goods, 
of  Rhode   similar   to   the  plan    proposed  by  the    address :  That 

Ishind,  on  i     n  ,    x       •  •    i 

the  public  letter  concludes  :  "  It  is  certainly  pernicious  to  leave 
d"^*^  ^182  ^"^  government  in  a  situation  of  responsibility  dispro- 
portioned  to  its  power.  The  conduct  of  the  war  is  en- 
trusted to  Congress,  and  the  public  expectation  turned 
upon  them  without  any  competent  means  at  their  com- 
mand to  satisfy  the  important  trust.  After  the  most 
full  and  solemn  deliberation,  under  a  collective  view  of 
all  the  public  difficulties,  they  recommend  a  measure 
which  appears  to  them  the  corner-stone  of  the  public 
safety.  They  see  this  measure  suspended  for  near  two 
years ;  partially  complied  with  by  some  of  the  states ; 
Exigencies  rejected  by  one  of  them,  and  in  danger  on  that  account 
national  ^0  be  frustrated;  the  public  embarrassments  every  day 
affairs.  increasing ;  the  dissatisfaction  of  the  army  growing 
more  serious ;  the  other  creditors  of  the  public  clam- 
oring for  justice  ;  both  irritated  by  the  delay  of  meas- 
ures for  their  present  relief  or  future  security ;  the 
hopes  of  our  enemies  encouraged  to  protract  the  war ; 
the  zeal  of  our  friends  depressed  by  an  appearance  of 
remissness  and  want  of  exertion  on  our  part-;  congress 
harassed ;  the  national  character  suffering ;  and  the 
national  safety  at  the  mercy  of  events.  This  state  of 
things  cannot  but  be  extremely  painful  to  Congress,  and 
appears  to  make  it  their  duty  to  be  urgent  to  obviate 
the  evils  with  which  it  is  pregnant." 


These  are  certainly  most  graphic  delineations  of  the 
evils  which  flowed  from  the  deficiency  of  power  en- 
trusted to  congress,  as  an  instrument  of  national  gov- 
ernment, under  the  Confederation.     The  remedy  pro- 

Sgg  t)&*^c 

892.      °  posed   was   also   urged   upon  the   states  by  the  most 


THE   UiNTTED   STATES   OP   AMERICA.  903 

UNDER    THE    COXFEDEUATION.  PaRT    IV. 

earnest,  forcible,  and  patriotic   appeals  from  the  most  Defects  of 
distinguished  and  able  statesmen  of  that  day,  both  in  ^^'^^^T, 

°  •'  '  pact  01  the 

and  out  of  congress,  and   was   made   the   subject  of  *^oufedera- 
spccial  commendation  by  General  Washington,  in  a  cir-  ^^"' 
cular  address  to  the  governors  of  the  several  states,  as 
he  was  about  resigning  his  command  of  the  American 
armies,  and  as   his  farewell  advice,  as  commander-in- 
chief,  to  his   countrymen.     "  Unless,"   says   he,  "  the 
states  will  suffer  congress  to  exercise  those  prerogatives 
which  they  are  undoubtedly  invested  with  by  the  con- 
stitution (confederation)  everything  must  very  rapidly 
tend  to   anarchy   and  confusion.     It  is  indispensable  Washing- 
to  the  happiness  of  the  individual  states  that   there  *"?'.  ^^.  *^® 

'■  '■  subject  of 

should  be  lodged  somewhere  a  supreme  power  to  rcgu- public 
late  and  govern  the  general  concerns  of  the  Confed-^  ^"^' 
crated  Republic,  without  which  the  union  cannot  be  of 
long  duration. 

"  There  must  be  a  faithful  and  pointed  compliance 
on  the  part  of  every  state  with  the  late  proposals  and 
demands  of  congress,  or  the  most  fatal  consequences 
will  ensue.  Whatever  measures  have  a  tendency  to 
dissolve  the  union,  or  contribute  to  violate  or  lessen  the 
sovereign  authority,  ought  to  be  considered  hostile  to 
the  liberty  and  independence  of  America,  and  the  authors 
of  them  treated  accordingly :  And,  lastly,  unless  we 
can  be  enabled,  by  the  concurrence  of  the  states,  to 
participate  in  the  fruits  of  the  revolution,  and  enjoy  the 
essential  benefits  of  civil  society,  under  a  form  of  gov- 
ernment so  free  and  uncorrupted,  so  happily  guarded 
against  the  danger  of  oppression,  as  has  been  devised 
by  the  Articles  of  Confederation  ;  it  will  be  a  subject 
of  regret  that  so  much  blood  and  so  much  treasure 
have  been  lavished  to  no  purpose  ;  that  so  many  suffer- 
ings have  been  encountered  without  compensation; 
and  that  so  many  sacrifices  have  been  made  in  vain." 


Such  was  the  aspect  of  public  affairs  under  the  Con- 
federation, when  the  bitter  experiences  of  war  were 


904  THE  GOVERNMENTAL   HISTORY  OP 

Part  IV.  the  permanent  union 

Defeciscf  exchanged  for  the  definitive  assurances  of  peace.     The 
p^^t'^oj\g  recognition    of   our  national  independence    by   Great 
confedera-  Britain  seemed  to  convey  to  the  people  of  the  states 
the  impression  that  the  severest  trial  had  gone  by,  and 
that  their  career  henceforth  was  to  be  one  of  prosper- 
ous progress,  without  any  particular  regard  for  that 
national  capacity  the  development  of  which  had  been 
consummated  in  their  union  under  the  graver  adversi- 
ties of  the  revolution.     The  states   still  retained  their 
jealousy  of  a  general  sovereignty,  and  were  reluctant 
to  surrender  back  to  congress  the  prerogatives  which 
they  had  secured  to  themselves  under  the  Confedera- 
The  neces-tion.     They  had  not  yet  learned  so  to  appreciate  their 
nafionaf    national  character  as  to  refer  to  that  alone  as  the  basis 


sovereign-  of  their  independence,  of  their  prosperity  at  home,  and 
eraiiy  felt  of  their  respectability  abroad.     A  further  experience 

or  under-   geemcd  ncccssary  to  teach  them  the  need  of  a  national 
stood.  1       .  T  -1 

government  mvested  with  a  national   sovereignty,  in 

order  to  give  security  to  that  independence,  and  dura- 
tion and  efficiency  to  that  national  character.  It  was 
well,  therefore,  in  order  to  give  permanency  and  sta- 
bility to  the  frame  of  government  thereafter  to  be 
erected,  that  their  record  should  be  such  as  might  con- 
vey a  lesson  of  instruction  to  all  coming  generations 
of  their  descendants.  And  before  we  allow  ourselves 
to  estimate  lightly  the  untold  blessings  and  benefits  of 
the  union,  we  should  ponder  well  this  portion  of  our 
governmental  history. 

I  shall  continue  to  give  the  record  of  that  experience 
as  written  by  those  who  were  a  part  of  it,  in  the  day 
and  time  of  it,  and  knew  how  to  analyze  it,  to  estimate 
it,  and  to  describe  it. 
See  ante,        On  the  fifteenth  day  of  February,  1786,  a  committee 
^'      '       consisting  of  Mr.  King,  Mr.  Pincknet/,  Mr.  Keane,  Mr. 
In  Con-      Monroe,  and  Mr.  Pettit,  to  whom  were  referred  several 
gress,Feb.,  reports  and  documents  concerning  the  system  of  general 
revenue  recommended  by  the  Congress  on  the  eight- 
eenth of  April,  1783,  reported  as  follows,  viz. : 


THE  UNITED   STATES   OP   AMERICA.  905 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

"  That  in  pursuance  of  the  above  reference,  they  have  Defects  of 
examined  the  acts  of  the  several  states,  relative  to  the  *  act^onhe 
general  system  of  revenue  recommended  by  Congress  confedera- 
on  the  eighteenth  of  April,  1783,  and  find :  That  the 
states  of  Delaware  and   North  Carolina,  have  passed 
acts  in  full  conformity  with  the  several  parts  thereof  ;^^^J'^^*^^^ 
the  former  of  which  states  has  inserted  a  proviso  in  of  general 
their  act,  restraining  the  operation  thereof  until  each  p^-opoged 
of  the  other  states  shall  have  made  a  like  and  equally  by  eon- 

fifrcss  to 

extensive  grant :  That  the  states  of  New  Hampshire,  the  states. 
Massachusetts,  Connecticut,  New  Jersey,  Virginia  and  ^^'^•' ^'^^^* 
South  Carolina,  have  each  passed  acts  complying  with 
that  part  of  the  system  which  recommends  a  general 
impost ;  but  have  come  to  no  decision  on  the  other 
part,  which  proposes  the  establishment  of  funds,  sup- 
plementary to,  and  in  aid  of,  the  general  impost:  That  J^^^^^^^P^^ 
the  state  of  Pennsylvania  has  passed  an  act  complying  states. 
with  the  recommendation  of  the  general  impost ;  and 
in  the  same  act  has  declared  that  their  proportion  or 
quota  of  the  supplementary  funds  shall  be  raised  and 
levied  on  the  persons  and  estates  of  the  inhabitants  of 
that  state,  in  such  manner  as  the  legislature  thereof 
shall  from  time  to  time  direct,  with  this  proviso,  that 
if  any  of  the  annual  proportion  of  the  supplementary 
funds  shall  be  otherwise  raised  and  paid  to  the  United 
States,  then  such  annual  levy  or  tax  shall  be  discon- 
tinued. 

'  "  The  Committee  conceive  that  this  clause  is  rather 
an  engagement  that  Pennsylvania  will  provide  adequate 
supplementary  funds,    than   an    actual    establishment 
thereof;  nevertheless,  tlie  act  contains  a  proviso  re- 
straining its  operation  until  each  of  the  other  states 
shall  have  passed  laws  in  full   conformity   with   the 
whole  of  the  revenue  system  aforesaid :  The  Committee 
further  find:  That  the  state  of  Rhode  Island  has  passed  p    .  . 
an  act  on  this  subject,  but  so  different  from  the  plan  complian- 
recommended,  and  so  wholly  insufficient,  that  it  can-^^" 
not  be  considered  as  a  compliance  with  any  part  of  the 


906  THE   GOVERNMENTAL    HISTORY   OF 

Part  IV.  the  permanent  union 

Defects  of  System  submitted  for  their  adoption  :  That  the  state  of 
^^^^'^""^^^  Maryland  passed   an  act  in  1782,  and  a  supplement 
confedeia-  thereto  in  1784,  complying  with  the  recommendation 
^°"'  of  congress  of  the  3d  February,  1781 ;  which  recom- 

mendation is  not  compatible  with,  and  was  relinquished 

by,  the  resolves  of  Congress  of  the  18th  of  April,  1783 ; 
Report  on  , ''^ '  .  ,  ,  °        „  ,,        .       ^    ^^      \^  \ 

the  system  but  that  neither  the  state  ot  Maryland,  JVew  York,  nor 

01  general  QeQj.gja^  i^^g  passed  any   act  in  pursuance  of  the  sys- 

proposed    tcm  of  the  18th  of  April,  1783. 

gress'to''^"     '"'■From  this  statement  it  appears,  that  seven  states, 

the  states.  Yiz;.,New  Hampshire,  Massachusetts,  Connecticut,  New 
Feb.  I786.         1  i.  J  '  ' 

'  Jersey,  Virginia,  North  Carolina  and  South  Carolina, 

have  granted  the  impost  in  such  manner  tliat  if  the 

other  six  states  had  made  similar  grants,  the  plan  of 

Its  recep-  the  general  impost  might  immediately  begin  to  operate. 

tion  by  'pj^at  two  Other  states,  viz.,  Pennsylvania  and  Delaware, 
have  also  granted  the  impost,  but  have  connected  their 
grant  with  provisoes  which  will  suspend  their  opera- 
tion until  all  the  other  states  shall  have  passed  laws  in 
full  conformity  with  the  whole  of  the  revenue  system 
aforesaid:  That  two  only  of  these  nine  states,  viz., 
Delaware  and  North  Carolina,  have  fully  acceded  to 
that  system  in  all  its  parts ;  and  that  the  four  other 
states,  viz.,  Rhode  Island,  New  York,  Maryland  and 
Georgia,  have  not  decided  in  favor  of  any  part  of 
the  system  of  revenue  aforesaid,  so  long  since  and 
so  repeatedly  presented  by  Congress  for  their  adop- 
tion. 

Fitness  of      "  T/ie  Committee  have  thought  it  their  duty^  candidly 

the  gener-  ^^  examine  the  principles  of  this  system,  and  to  dis- 

al  system.  ^  '-  1  •  1     i  ,    -, 

cover,  if  possible,  the  reasons  which  have  prevented 

its  adoption :  They  cannot  learn  that  any  member  of 

the   Confederacy  has  stated  or  brought  forward  any 

objections  against  it ;  and  the  result  of  their  impartial 

enquiries  into  the  nature  and  operation  of  the  plan, 

has  been  a  clear  and  decided  opinion  that  the  system 

itself  is  more  free  from  well-founded  exceptions,  and 

is  better  calculated  to  receive  the  approbation  of  the 


THE   UNITED    STATES  OF  AMERICA.  907 


UNDER    THE    CONFEDERATION.  PaUT  lY. 

several  states,  than  any  other  that  the  wisdom  of  con- Defects  of 
grcss  can  devise.  ^  tZZ'the 

"7m  the  course  of  this  inquiry,  it  most  clearly  ap- confedera- 
peared,  that  the  requisitions  of  Congress  for  eight  years 

past  have  been  so  irregular  in  their  operation,  so  un- Report  on 
certain  in  their  collection,  and  so  evidently  unproduc-*'i^  system 

'  .  ./  I  01  general 

tive,  that   a  reliance  on   them  in  future,  as  a  source  revenue 
from  whence  monies  are  to  be  drawn  to  discharge  the  by^con- 
engagements  of  the  Confederacy,  definite  as  they  are g'ess  to 
in  time  and  amount,  would  be  not  less  dishonorable  to  Feb.  lYso. 
the  understandings  of  those  who  entertain  such  confi- 
dence, than  it  would  be  dangerous  to  the  welfare  and  Temporary 
peace  of  the  Union.    The  Committee  are  therefore  ^'^"^^llolis  ou 
imouslij  impressed    with   the   indispensable   obligation  tiie  states 
that  congress  are  under  of  representing  to  the  imme-abie. 
diatc  and  impartial  consideration  of  the  several  states, 
the  utter  impossibility  of  maintaining  and  preserving 
the  faith  of  the  federal  government  by  temporary  re- 
quisitions on  the  states,  and  the  consequent  necessity 
of  an  early  and  complete  accession  of  all  the  states  to 
the  revenue  system  of  the  18th  of  April,  1783. 

"  Although  in  a  business  of  this  magnitude  and  im-  r^he  adop- 
portance  to  the  respective  states,  it  was  natural  to  ex-tionof  the 
pect  a  due  degree  of  caution,  and  a  thorough  investi-tem  the 
gation  of  the  system  recommended,  yet  the  committee  *^°*[^  ^''P® 
cannot  forbear  to  remark,  that  this  plan  has  been  under  federacy. 
reference  for  nearly  throe  years  ;    that,  during  that 
period,  numerous  changes  have  taken  place  in  the  del- 
egations of  every  state  ;  but  that  this  system  has  re- 
ceived the  repeated   approbation   of   each   successive 
congress  ;  and  that  the  urgency  of  the  public  engage- 
ments at  this  time  renders  it  the  unquestionable  duty 
of  the  several  states  to  adopt,  ivithout  further  delay, 
those  measures  which  alone,  in  the  judgment  of  the 
committee,  can  preserve  the  sacred  faith  of  this  Confed- 
eracy.''^ 

"The  following  state  of  facts  must  convince  the 


908  THE  GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  permanent  union 

Defects  of  States  of  the  propriety  of  urging  this  system  with  unu- 
pact'onhe  s^i^l  anxiety  at  this  period, 
confedera-  "  That  the  sum  necessary  to  discharge  the 
interest  on  loans  of  the  king  of  France, 
to  the  1st  of  January,  1787,  is     .         .     $240,740.60 
Report  on  For  interest  on  certificates  to  foreign  offi- 
S*^  general     ccrs,  made  payable  in  France,  to  the  1st 

revenue         January,  1787, $22,370.00 

by'con-      For  interest  on  the  Spanish  loan,  to  the 

gresstothe     21st  March,  1787,  .         .         .         .     $48,596.55 

Feb.,  1786.  For  interest  on  the  Dutch  loans,  to  the  1st 

June,  1787, $265,600.00 


^577,307.25 


Statement       "  That  although  some  of  the  objects  of  disbursement 
foreign      ^ro  in  the  year  1787,  the  periods  at  which  they  become 

debt  and    ^^q  ^jjj  sliow  the  absolute  necessity  of  an  immediate 
interest.  '  *' 

provision  for  them. 

"  That  notwithstanding  some  of  the  above  sums  do 
not  fall  due  until  1787,  yet,  exclusive  of  the  same,  there 
will  be  due  on  the  French  and  Dutch  loans,  in  that  year 
1,252,938  dollars  and  57-90ths,  and  during  the  nine 
succeeding  years,  that  is  until  the  year  1797,  including 
the  payment  of  the  interest  and  the  partial  re-imburse- 
ments  of  the  capitals  of  the  French  and  Dutch  loans, 
the  average  sum  of  near  one  million  of  dollars  annu- 
ally ;  for  the  certain  obtaining  of  which,  at  fixed 
periods,  eifectual  measures  can  no  longer  be  delayed. 
More  fully  to  illustrate  this  subject,  the  Committee 
annex  a  schedule  of  the  French  and  Dutch  loans,  shew- 
ing the  periods  of  their  redemption,  with  the  annual 
interest  payable  thereon,  until   their  final   extinction. 

"I^  addifion  to  the  above  foreign  demands,  the  inter- 
est on  the  Spanish  loan,  and  the  debts  due  to  foreign 
officers,  must  be  provided  for  and  annually  paid.  The 
amount  of  these  annual  demands  will  be  greatly  in- 
creased by  adding  the  annual  interest  on  the  domestic 
debt,  the. whole  of  which  is  not  yet  liquidated,  and  the 


THE   UNITED   STATES   OF   AMERICA.  909 

UNDER   THE    CONFEDERATION.  PaKT    IV. 

aggregate  whereof  will,  consequently,  be  enlarged  be- Defects  of 
yond  its  last  estimate.  pactTthe 

"  The  Committee  contemplate^  ivith  great  satisfactioji,  coafcdera- 
the  prospect  of  extinguishing  a  part  of  the   domestic 
debt,  by  the  sales  of  the  western  territory  of  the  Uni-  Report  on 
ted  States:  But  a  considerable  time  must  elapse  before ^^^^^^^^^1 
that  country  can  be  surveyed  and  disposed  of;  and  the  revenue 
domestic  creditors,  until  that  event,  must  depend  for  by'^con- 
support  on  the  justice  of  their  country.     The  revenue  S''essto  the 
system,   if    adopted,   would   afford   this  support,  and  Feb.,  1786. 
enable  Congress  to  fulfill  the  public  engagements  with 
their  foreign  creditors.     The  whole  product  of  this  sys- 
tem is  appropriated  for  the  payment  of  the  principal 
and  interest  of  the  national  debt,  and  no  part  thereof 
can  be  diverted  to  other  purposes. 

"  That  it  has  been  the  earnest  ivish  of  Congress  to  pre-Tempora- 
vent  the  vast  accumulation  of  foreign  interest  that  now  '7  ''equisi- 

^  tions  irom 

exists,  appears  from  their  estimates  and  requisitions  of  Nov.,  1781 
the  twenty-seventh  of    April,  1784,  and  the   twenty- ^^gg*^"' 
seventh  of  September,  1785.    And  the  following  abstract 
taken  from  the  books  of  the  treasury,  of  the  amount  of 
monies  brought  into  the  federal  treasury  in  the  course 
of  the  four  last  years,  viz.,  between  the  first  of  Novem- 
ber, 1781,  and  the  first  of  January,  1786,  will  show  the 
little  success  of  requisitions,  and  demonstrate  the  in- 
adequacy  of  their   products   to  maintain   the   federal 
government  and  at  the  same  time  to  discharge  the  an- 
nual public  engagements. 
"  The  receipts  of  taxes  from  the  first  of 
November,    1781,   to  first   November, 
1781,  amount  to       ...         .     $2,025,089.34 
From  the  first  November,  1784,  to  the 

first  of  January,  1786,      .         .         .       $432,897.81 


Total,  $2,457,987.25 

^^  Thus  it  is  evident  that   the  sum  of  2,457,987  dol- Total  re- 
lars  and  25-90tlis  only,  was  received  in  a  space  of  more  ^^''P*^- 
t'.ian  four  years,  when  the  requisitions,  in  the  most  forci- 


910  THE   GOVERNMENTAL   HISTOBY   OF 

Part  IV.  the  permanent  union 

Defects  of  blc  manner,  pressed  on  the  states  the  payment  of  much 
pact^of\he  l^^'g^r  sums,  and  for  purposes  of  the  highest  national 
confedera-  importance.  It  should  be  observed  here,  that  the 
receipts  of  the  last  fourteen  months  of  the  above  period. 
Report  on  amount  only  to  432,897  dollars  and  81-90tlis,  which  is 
of'^eneral^  ^t  the  rate  of  371,052  dollars  per  annum,  a  sum  short 
revenue      Qf  -wijat  is  csscntiallv  nccessary  for  the  bare  mainten- 

proposed 

by  con-      ancc  of  the  federal  government  on  the  most  econom- 
fir^stat^s   ical  establishment,  and  in  time  of  profound  peace. 
Feb.,  1786.      "TAe  Committee  observe^  ivith  great  concern,  that  the 
security  of  the  navigation  and  commerce  of  the  citizens 
of  these  states  from  the  Barbary  powers,  the  protection 
of  the  frontier  inhabitants  from  the  savages,  the  imme- 
diate establishment  of  military  magazines  in  different 
Indispen-    j^arts  of  the  union,  rendered  indispensable  by  the  prin- 
der  to"s e*-'^'  ciplcs  of  public  safety,  the  maintenance  of  the  federal 
cure  the     government   at   home,  and  the  support  of  the   public 
safety.        servants  abroad,  each  and  all,  depend  upon  the  contri- 
butions of  the  states  under  the  annual  requisitions  of 
congress.     The  monies  essentially  necessary  for  these 
important  objects,  will  so  far  exceed  the  sums  formerly 
collected  from  the  states  by  taxes,  that  no  hope  can  be 
indulged  of  being  able  from  that  source,  to  make  any 
remittances  for  the  discharge  of  foreign  engagements. 

"  Thus  circumstanced,  after  the  most  solemn  delibera- 
tion, and  under  the  fullest  conviction  that  the  public 
embarrassments  are  such  as  above  represented,  and 
that  they  are  daily  increasing,  the  committee  are  of 
opinion,  that  it  has  become  the  duty  of  Congress  to 
The  im-     declare  most  explicitly,  that  the  crisis  has  arrived  when 

perative  '■  •'  ' 

and  inevi-  the  pooplo  of  the  United  States,  by  whose  will  and  for 
tab  e crisis.  ^^I^^g^  benefit  the  federal  government  was  instituted, 
must  decide  whether  they  will  support  their  rank  as  a 
nation,  by  maintaining  the  public  faith  at  home  and 
abroad ;  or  whether,  for  want  of  a  timely  exertion  in 
establishing  a  general  revenue,  and  thereby  giving 
strength  to  the  confederacy,  they  will  hazard  not  only 
the    existence  of  the   union,  but  of  those  great    and 


THE   UNITED    STATES   OF   AMERICA.  '  911 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

invaluable  privileges  for  which  they  have  so  arduously  Defects  of 
and  so  honorably  contended."  pact^of'thc 

The  report  being  adopted,  ^Ho  the  end  that  congress  t^.onfedera- 
might  remain  wholly  acquitted  from  every  imputation 
of  a  want  of  attention   to   the   interest  and  welfare  of 
those  whom  they  represented,"  it  was 

"  Resolved,  That  the  requisitions  of  Congress  of  the  Resolu- 
twenty-seventh  of  April,  1784,*  and  the  tw»ity-seventh  tlJIJ^rc^pm-t, 
of  September,  1785,1  cannot  be  considered  as  the  es-i-^eb.  1786. 
tablishment  of  a  system  of  general  revenue,  in  opposi- *2,986,952.53 
tion  to  that  recommended  to  the  several  states  by  the  ^^'*^'''^" 
resolves  of  congress  of  the  eighteenth  April,  1783. 

"  Resolved,  That  the  resolves  of  Congress  of  the 
eighteenth  of  April,  1783,  recommending  a  system  of 
general  revenue,  be  again  presented  to  the  considera- 
tion of  the  legislatures  of  the  several  states,  which  have 
not  fully  complied  with  the  same  :  Tliat  it  be  earnestly 
recommended  to  the  legislatures  of  New-Hampshire, 
Massachusetts,  Connecticut,  New-Jersey,  Pennsylvania, 
Virginia,  and  South  Carolina,  which  have  complied  only 
in  part  with  the  said  system,  completely  to  adopt  the 
same :  and  to 

'■'■The  legislatures  of  the  states  of  Rhode  Island,  New- 
York,  Maryland  and  Georgia,  which  have  not  adopted 
the  said  system,  either  in  whole  or  in  part,  to  pass  laws, 
without  further  delay,  in  full  conformity  with  the  same. 
But  as  it  is  highly  necessary  that  every  possible  aid 
should  in  the  most  expeditious  manner  be  obtained  to 
the  revenues  of  the  United  States,  it  is  therefore  recom- 
mended to  the  several  states,  that,  in  adopting  the  said 
system,  they  enable  the  United  States  in  Congress  as- 
sembled, to  carry  into  effect  that  part  which  relates  to 
the  impost,  so  soon  as  it  shall  be  acceded  to. 

"  Resolved,    That  ivhilst    Congress    are  denied  the  inevitable 
means  of  satisfying  those  engagements  which  they  have  u^Uect. 
constitutionally  entered  into  for  the  common  benefit 
of  the  union,  they  hold  it  their  duty  to  warn  thoir  con- 
stituents that  the  most  fatal  evils  ivill  inevitably  flow 


912  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  permanent  union 

Defects  of  from  a  breach  of  public  faith  pledged  by  solemn  con- 
*act^of'the  *^^^*5  ^^^^  ^  violation  of  those  principles  of  justice  which 
coiifedera-  are  the  only  solid  basis  of  the  honor  and  prosperity  of 
''''''•         nations." 


It  is  needless  to  look  further  for  evidence  of  the  in- 
efficiency  of   the     Confederation.      There   cannot   be 
found  a  more  moving  or  conclusive  demonstration  of 
the  dependency  of  congress  upon  the  will  of  the  thir- 
teen states  of  the  union,  each  now  claiming  to  be  a  dis- 
tinct and  independent  sovereignty,  than  is  embodied  in 
State  sov-  the  foregoing  report  and  resolutions.     The  idea  of  state 
and^h7     Sovereignty  independently  and  exclusive  of  the  federal 
embarrass-  union,  it  wiU  be  at  once  seen,  was  the  source  of  all  the 
the  gen-     embarrassments  which  now  clustered  about  the  Con- 
erai  gov-    gj.Qgg^  palsying  the  action  of  the  general  government,  and 
proving  the  inefficiency  of  the  compact  of  the  Confed- 
eration  as   the   basis  of  any  national  administration. 
However  this  extreme  idea  of  state  sovereignty  may 
have  originated,  it  was  the  grand  defect  of  the  confed- 
eration that  it  recognized  it,  and  incorporated  it  into 
its  provisions.     But  it  was  there,  and  until  it  should  be 
measurably  surrendered   back   to   its  original  source. 
The  meas-  Couffress  must  necessarily  be  dependent  upon  its  will. 

urcs  rGC"  w  j.  a 

omraended  To  that  will  the  appeal  was  now  made.     It  met  with  a 
^ress  de-    Commendable  response  in  most  of  the  states,  but  the 
feated  by   measures  it  recommended  were  opposed  and  defeated 
why?    ^'  by  the  rejection  of  a  single  state,  the  state  of  New-York. 
The  state  of  New-York  was  censured  for  her  refusal 
to  adopt  the  measures  thus  urged  upon  the  states  by 
Congress:  But  I  think,   and    experience   has   shown, 
unjustly.     It  was  undoubtedly  influenced  by  the  con- 
viction that  it  was  impossible,  under  the  existing  arti- 
cles of  confederation,  to  accomplish  the  ends  aimed  at 
Defect  of  by  the  Congress   and  desired  alike  by  all.     It  was,  in 
nue  system  f^^*'?  but  extending  the  dependence  of  the  national  ad- 
proposed    miuistratiou  upon  the  states  for  twenty-five  years,  with- 
gress.        out  any  power  to  enforce  the  proposed  system  even  if 


THE    UNITED    STATES   OP   AMERICA.  913 

UNDER    THE    CONFEDERATION.  PaRT    IV 

adopted  by  the  states,  and   made  a  mutual  contract,  Defects  of 
with  all  the  solemnities  and  powers  of  revocation  vested  pact^^o'J'the 
alone  in  the  Congress.     It  was  itself  as  objectionable  confedera- 
in  this  regard  as  any  of  the  existing  provisions  of  the 
Confederation.     In  order  to  secure  the  advantages  of 
a  happy,  peaceful,  prosperous    and   effective    national 
government,  a  total   remodeling  of  the  whole  fabric 
was  necessary.     The  present   one  had  utterly  failed, 
having  been  found  inadequate  to  the  relations  and  exi- 
gencies of  the  nation,  and  its  continuance  ceased  to  be 
an  object  of  desire  even  with  the  warmest  advocates  of 
the  Union. 

In  the  words  of  Justice  Story,*  "  all  parties  felt  that  *  story,  on 
the  Confederation  had  at  last  totally  failed  as  an  in-gti^utkm 
strument  of  government ;  that  its  glory  was  departed 
and  its  days  of  labor  done ;  that  it  stood  the  shadow 
of  a  mighty  name  ;  that  it  was  seen  only  as  a  decayed 
monument  of  the  past,  incapable  of  any  enduring  record ; 
that  the  steps  of  its  decline  were  numbered  and  fin- 
ished ;  and  that  it  was  now  pausing  before  that  com- 
mon sepulchre  of  the  dead  whose  inscription  is  nulla 
vestigia  retrorsumy 

Upon  reverting  to  the  Articles  of  Confederation  it  No  power 

will  be  observed  that  there  was  no  power  vested  in  the  ^^  "regulate 

general  government,  or  the  Congress,  to  regulate  either  commerce. 

foreign  or  domestic  commerce.     The  absence  of  any 

national  provision  on  this  subject  was  the  source  of 

great  embarrassment  in  the  commercial  intercourse  of 

the  states,  and  also  disadvantageous  to  their  foreign 

trade.     To  remedy  this  defect  a  proposal  was  made, 

emanating  from  the  general  assembly  of  the  state  of  The  An- 

Virginia,  for  a  convention  of  delegates  from  the  sev-coSven- 

cral  states  to  be  held  at  Annapolis,  in  Marvland.     This  ^'^^  °^ 

...  •    •      X    1  •     XI  •        .  Sept.  1786. 

proposition  originated  in  this  wise  ; 

Commissioners  were  appointed  by  the  legislatures  of  How  it 

Virginia  and  Maryland,  to  form  a  compact  in  relation  *"''°'"^*^^' 

to  the  navigation  of  the  rivers  Potomac  and  Pocomoke, 

and  a  part  of  the  Bay  of  Chesapeake.     They  met  for 

58 


914  THE   GOVERNMENTAL    HISTORY   OP 


Part  IV.  the  permanent  union 


Defects  of  this  purpose  at  Alexandria,  in  March,  1785.     While  at 
the  com-    jyiQ^^^^  Yemon,  on  a  visit  to  General  Washington,  it 

pact  of  the  '  •  i  i 

confedera-  was  agreed,  probably  at  his  suggestion,  that  these  com- 
*^"°"  missioners  should  propose  to  their  respective  govern- 

ments the  appointment  of  other  commissioners  to  meet 
with  them,  who  should  be  empowered  to  make  joint  ar- 
rangements for  maintaining  a  naval  force  in  the  Chesa- 
peake, and  that  they  might  also  apply  to  congress  for  its 
The  An-  assent  thereto  ;  that  they  should  also  establish  a  tariff  of 
napolis       (duties  Oil  imports  to  which  the  laws  of  both  states  should 

conven-  ^  i     •  i 

tion  of       be   made    to   conform.      ihese   matters    being   subse- 
jJP*;.j^'^.^'^- qucntly  submitted  to  the  legislature  of  Virginia,  an 
and  object,  additional  resolution  was  adopted,  directing  the  sugges- 
tion which  related  to  the  duties  on  imports  to  be  com- 
municated to  "all  the  states  in  the  union,  with  an  invi- 
tation to  them  to  send  deputies  to  the  proposed  Con- 
vention. 
Resolution      On  the  twenty-first  day  of  January,  1786,  a  short 
"Lia^^Jan  *^^^  ^^*'*^^'  *^^^  passage  of  the  resolutions  above  referred 
118&.        to,  a  further  resolution  was  adopted  by  the  general 
assembly  of  Virginia,  appointing  commissioners  from 
that  state  "  to  meet  such  as  might  be  appointed  by 
other  states  in  the  union,  at  a  time  and  place  to  be 
agreed  upon,  to  take  into  consideration  the  trade  of  the 
United  States  ;  to  examine  the  relative  situation  and 
trade  of  the  several  states ;  to  consider  how  far  a  uni- 
form system  of  commercial  relations  might  be  neces- 
sary to  their  common  interest  and  their  permanent  har- 
mony ;  and  to  report  to  the  several  states  such  an  act 
relative  to  this  great  object,  as,  when  unanimously  rat- 
ified by  them,  will  enable  the  United  States  in  Congress 

,    ^assembled,  effectually  to  provide  for  the  same :  "  * 
*  Annals  of  '  .     .         ,  ,      . 

congress.       The  Circular  letter , transmitting  these  resolutions  to  the 

respective  states,  proposed  Annapolis,  in  Maryland,  as 
the  place,  and  the  fourteenth  day  of  the  then  next  Sep- 
tember, as  the  time,  for  holding  such  convention.     The 
tion  how    proposition  was  favorably  received  by  some  of  the  states, 
received.    ^^^^  ^^.^  ^^  ^j^^^^^  ^^-^^^  ^^^  York,  New  Jersey,  Penn- 


THE   UNITED    STATES   OF   AMERICA.  015 

UNDKR    THE    CONFEDERATION.  PaRT    IV. 

sylvania,  Delaware,  and  Maryland,  responded  by  ap-TheAn- 
pointing  delegates  to  the  convention.      They  met  at^yy^J^. 
Annapolis  at  the  time  mentioned.     On  the  opening  of  tjon  of 
the  convention,  Mr.  John  Dickinson  was  appointed  chair- 
man, and  tlie  members  proceeded  to  discuss  the  objects  for 
which  they  had  convened.     Feeling,  however,  that  they 
were  not  competent,  from  the  limited  nature  of  their  pow-  lyjeetin* 
ers,  to  accomplish  any  beneiicial  result,  and  somewhat  a^i'^.oi'gan- 
discouraged  by  the  small  number  of  states  represented,  the  con- 
they  determined  upon  no  specific  measures ;  but  united  mention. 
in  a  report  to  their  respective  states,  in  which  they 
represented  the  insufficiency  of  the  Confederation,  and 
the  necessity  of  such  a  revision  of  the  system  as  should 
cure  all  its  defects.     They  recommended  that  delegates 
for  that  purpose  should  be  appointed  by  the  several 
state  legislatures,  to  meet  each  other  in  convention  at  A  federal 
Philadelphia   on  the    second   day  of  May  then  next,  rocom-  ' 
The  reasons  for  preferring  a  separate  convention,  for  °^^"^^*^  *<* 

revise  the 

the  consideration  of  this  subject,  to  the  Congress,  were  confedera- 
stated  to  be  "  that,  in  the  latter  body,  it  might  be  too  *'*^°" 
much  interrupted  by  the  ordinary  business  before  them ; 
and  would,  besides,  be  deprived  of  the  valuable  coun- 
sels of  sundry  individuals,  who  were  disqualified  by 
the  constitution,  or  laws  of  particular  states,  or  by 
peculiar  circumstances,  from  holding  a  seat  in  the  Con- 
gress.    A  copy  of  this  report  was  transmitted  also  to 
congress  in  a  letter  from  the  chairman  of  the  Con- 
vention, urging  the  inefficiency  of  the  federal  govern- 
ment, and  the  necessity  of  devising  such  further  pro- 
visions as  would  render  it  adequate  to  the  exigencies 
of  the  union.     The  action  of  this  Convention  was  fol- 
lowed, in  October  of  the  same  year,  by  an  act  in  the  Response 
general  assembly  of  Virginia  appointing  commission-^ 
ers,  or  delegates,  to  the  proposed  Federal  Convention, 
which  act  recited  jis  follows,  viz. 

'M»  Act  for  appointing-  deputies  from  this  Common- 
wealth, to  a  convention  proposed  to  be  held  in  the  city 


of  Vir- 
inia. 


916 


THE   GOVERNMENTAL    HISTORY   OF 


Part  IV, 


THE    PERMANENT    UNION 


Response 
of  Virginia 
to  tlie  re- 
commend- 
ation of 
the  An- 
napolis 
conven- 
tion. Oct. 

16,  use. 


Recog- 
nizes the 
crisis. 


of  Philadelphia,  in  May  next,  for  the  purpose  of  revis- 
ing the  federal  constitution.  Wliereas  the  commission- 
ers who  assembled  at  Annapolis  on  the  fourteenth  day 
of  September  last,  for  the  purpose  of  devising  and 
reporting  the  means  of  enabling  Congress  to  provide 
effectually  for  the  commercial  interests  of  the  United 
States,  have  represented  the  necessity  of  extending  the 
revision  of  the  federal  system  to  all  its  defects,  and  have 
recommended  that  deputies  for  that  purpose  be  ap- 
pointed by  the  several  legislatures  to  meet  in  conven- 
tion, in  the  city  of  Philadelphia,  on  the  second  day  of 
May  next ;  a  provision  which  was  preferable  to  a  dis- 
cussion of  the  subject  in  Congress,  where  it  might  be  too 
much  interrupted  by  the  ordinary  business  before  them, 
and  where  it  would  besides  be  deprived  of  the  valu- 
able counsels  of  sundry  individuals  who  are  disquali- 
fied by  the  constitution,  or  laws  of  particular  states,  or 
restrained  by  peculiar  circumstances,  from  a  seat  in 
that  assembly.  And  whereas  the  general  assembly  of 
this  Commonwealth  taking  into  view  the  actual  situa- 
tion of  the  Confederacy,  as  well  as  reflecting  on  the 
alarming  representations  made  from  time  to  time  by 
the  United  States  in  congress,  particularly  in  their  act 
of  the  fifteenth  day  of  February  last,  can  no  longer 
doubt  that  the  crisis  is  arrived  at  which  the  good  people 
of  America  are  to  decide  the  solemn  question,  whether 
they  will,  by  wise  and  magnanimous  efforts,  reap  the 
fruits  of  that  independence  which  they  have  so  glori- 
ously acquired,  and  of  that  union  which  they  have 
cemented  with  so  much  of  their  common  blood ;  or 
whether  by  giving  way  to  unmanly  jealousies  and  pre- 
judices, or  to  partial  and  transitory  interests,  they  will 
renounce  the  auspicious  blessings  prepared  for  them  by 
the  revolution,  and  furnish  to  its  enemies  an  eventual 
triumph  over  those  by  whose  virtue  and  valor  it  has 
been  accomplished. 

And  inhere  as  the  same  noble  and  extended  policy,  and 
the  same  fraternal  and  affectionate  sentiments,  which 


THE   UNITED    STATES   OF   AMERICA.  917 

UNDER    THE    CONFEDERATION.  PaUT    IV. 

originally   determined   the   citizens   of  this  Common- Response 
wealth  to  unite  with  their  hrethren  of  the  other  states  ^^  the^pro- 
in  establishinof  a  federal  government,  cannot  bnt  be  felt  v^^'-*-'^  fo^"  * 

i/»  "•  •  ^  ■    o     ledcral 

With  equal  force  now,  as  motives  to  lay  aside  every  inte-conven- 
rior  consideration,  and  to  concur  in  such  further 'con- jg"^^^^*' 
cessions  and  provisions  as  may  be  necessary  to  secure 
the  great  objects  for  which  that  government  was  insti- 
tuted, and  to  render  the  United  States  as  happy  in 
peace  as  they  have  been  glorious  in  war.     Be  it  there- 
fore enacted,^''  Sj-c.    The  act  goes  on  to  provide  for  the 
appointment  of  commissioners  or  delegates  to  the  pro- 
posed convention,  "  with  power  to  meet  such  deputies  as  powers  of 
may  be  appointed  and  autliorizcd  by  other  states,  to  as- j^'^^  ^,'^^^' 
semble  in  convention  at  Philadelphia  as  above  recom- 
mended, and  to  join  with  them  in  devising  and  discuss 
ing  all  such  alterations  and  further  provisions  as  may 
be  necessary  to  render  the  federal  constitution  adequate 
to  the  exigencies  of  the  union ;  and  in  reporting  such 
an  act  for  that  purpose  to  the  United  States  in  Congress, 
as  when  agreed  to  by  them,  and  duly  confirmed  by  the 
several  states,  will  effectually  provide  for  the  same." 

The  example  of  Virginia  was  followed  by  the  state  Response 
of  New  Jersey,  which  appointed     *     *     *     "Commis-j^  ^^^ 
sioners,  to  meet  such  commissioners  as  have  been,  or  Nov.  23, 
may  be,  appointed  by  the  other  states  in  the  Union,  at 
the  city  of  Philadelphia,  in  the  commonwealth  of  Pcnn- Powers  of 
sylvania,  on  the  second  Monday  in  May  next;  for  the ^^*^'' *^®^^" 
purpose  of  taking  into  consideration  the  state  of  the 
Union,  as  to  trade  and  other  important  objects,  and  of 
devising  such  other  provisions  as  shall  appear  to  be 
necessary  to  render  the   Constitution  of  the  general 
government  adequate  to  the  exigencies  thereof." 

The  state  of  Pennsylvania  next  responded  to  the  Response 
proposal,  by  "An  act  appointing  delegates  to  the  con- °^j^^^"°* 
vention  to  be  held  in  the  city  of  Philadelphia,  for  the  Dec.  so, 
purpose  of  revising  the  Federal  Constitution,"  which 
act  recited  as  follows: 

"Sec.  1st.    Whereas,  the  general  assembly  of  this 


918  THE   GOVERNMENTAL    HISTORY   OP 


Part  IV.  the  permanent  union 


Response    Commonwealth,  taking  into  their  serious  consideration 
of  Penn-    ^j^    rei)resentations  heretofore  made  to  the  legislatures 

Bylvania  to  ^ 

the  propo-  of  the  several  states  in  the  Union,  by  the  United  States 
federal'^  in  Congress  assembled,  and  also  weighing  the  difficulties 
oonven-  under  which  the  confederated  states  now  labour,  are 
80, 1186. '  fully  convinced  of  the  necessity  of  revising  the  Federal 
Constitution,  for  the  purpose  of  making  such  altera- 
tions and  amendments  as  the  exigencies  of  our  public 
affairs  require :  And  whereas,  the  legislature  of  the 
state  of  Virginia  have  already  passed  an  act  of  that 
commonwealth,  empowering  certain  commissioners  to 
meel  at  the  city  of  Philadelphia  in  May  next,  a  con- 
vention of  commissioners  or  deputies  from  the  different 
states ;  and  the  legislature  of  this  state  are  fully  sen- 
sible of  the  important  advantages  which  may  be  de- 
rived to  the  United  States,  and  every  of  them,  from 
co-operatihg  with  the  commonwealth  of  Virginia,  and 
the  other  states  of  the  confederation,  in  the  said 
design : 
Powers  of  "  Sec.  2d.  Be  it  enacted,  *  *  *  appoints  dele- 
her  dele-  g^teg  to  the  Convention,  "  with  powers  to  meet  such  dep- 
uties as  may  be  appointed  and  authorized  by  the  other 
states,  to  assemble  in  the  said  convention  at  the  city 
aforesaid,  and  to  join  in  devising,  deliberating  on,  and 
discussing,  all  such  alterations,  and  further  provisions, 
as  may  be  necessary  to  render  the  Federal  Constitution 
fully  adequate  to  the  exigencies  of  the  Union,  and  in 
reporting  such  act,  or  acts,  for  that  purpose,  to  the  Uni- 
ted States  in  Congress  assembled,  as  when  agreed  to  by 
them,  and  duly  confirmed  by  the  several  states,  will 
effectually  provide  for  the  same." 
Response  These  examples  were  followed  next  in  point  of  time, 
by  the  state  of  North  Carolina,  whose  general  assem- 


of  North 
CaroUna. 


Jan.  6,  i)iy^  on  the  sixth  day  of  January,  1787,  passed  an  act, 
entitled  "  J.w  act  for  appointing  deputies  from  this  state 
to  a  convention  proposed  to  be  held  in  the  city  of  Phil- 
adelphia, in  May  next,  for  the  purpose  of  revising  the 
Federal  Constitution."     This  act  provided  for  the  ap- 


THE   UNITED   STATES   OP   AMERICA.  919 

UNDER    THE    CONFEDERATION.  TaRT    IV. 

poiiitmeiit  of  five  commissioners,  with  power  to  them,  Response 
or  any  three  of  them,  "  to  meet  at  Philadelphia  on  the  eL,.oJ|n'jJ'to 
first  day  of  May  next,  then  and  there  to  confer  with  the  propo- 
such  deputies  as  may  be  appointed  by  the  other  states  federli'^ 
for  similar  purposes,  and  with  them  to  discuss  and  J"°''^;;^ 
decide  upon  the  most  effectual  means  to  remove  the  6,  1787. 
defects  of  our  Federal  Union,  and  to  procure  the  en-  Powers  of 
larged  purposes  which  it  was  intended  to  effect ;  and  gates. 
that  they  report  such  an  act  to  the  general  assembly 
of  this  state,  as  when  agreed  to  by  them,  will  effectually 
provide  for  the  same." 

On  the  twelfth  day  of  February,  1787,  the  state  of  Response 
Georgia  passed  "-4w  ordinance  for  the  appointment  of  Feb.  12 
deputies  from  this  state  lor  the  purpose  of  revising  the  i'^^'^- 
Federal  Constitution,"  who,  or  any  two  or  more  ofpo^g^sof 
them,  were  thereby  "  authorized,  as  deputies  from  this  I'^r  dele- 
state,  to  meet  such  deputies  as  may  be  appointed  and 
authorized  by  other  states,  to  assemble  in  convention 
at  Philadelphia,  and  to  join  with  them  in  devising  and 
discussing  all  such  alterations  and  farther  provisions, 
as  may  be  necessary  to  render  the  Federal  Constitution 
adequate  to  the  exigencies  of  the  Union,  and  in  report- 
ing such  an  act  for  that  purpose  to  the  United  States 
in  Congress  assembled,  as  when  agreed  to  by  them,  and 
duly  confirmed  by  the  several  states,  will  effectually 
provide  for  the  same." 

The  state  of  Delaware  next  responded,  and  on  the  Response 
third  day  of  February,  1787,  passed  "^w  Act  (^PPoint-^^^J^^^^^ 
ing  deputies  from  this  state  to  the  convention  proposed  3, 1787. 
to  be  held  in  the  city  of  Philadelphia,  for  the  puFpose 
of  revising  the  Federal  Constitution  ; "  reciting : 

"  Whereas^  the  general  assembly  of  this  state  are 
fully  convinced  of  the  necessity  of  revising  the  federal 
constitution,  and  adding  thereto  such  further  provis- 
ions as  may  render  the  same  more  adequate  to  the  ex- 
igencies of  the  Union  ;  And  ivhereas,  the  legislature 
of  Virginia  have  already  passed  an  act  of  that  com- 
monwealth, appointing  and  authorizing  certain  com- 


920  THE   GOVERNMENTAL    HISTORY   OF 

Part  IV.  the  permanent  union 

Response  missioiiers  to  meet,  at  the  city  of  Philadelphia,  in  May 
wire  to  the  "^xt,  a  conveiitiou  of  commissioners  or  deputies  from 
proposal  tlie  different  states  :  And  this  state  being  willing  and 
eralcon-  dosirous  of  co-operating  with  the  commonwealth  of 
yention.     Yii-frinia  and  the  other  states  in  the  confederation,  in 

Icb.  ii,  .  ' 

1787.         SO  useful  a  design : 

Powers  of  "^^  *^  therefore  efiacted,''  *  *  *  *  naming  del- 
herdele-  egates  and  appointing  them — "with  powers  to  meet 
such  deputies  as  may  be  appointed  and  authorized  by 
the  other  states  to  assemble  in  the  said  convention  at 
the  city  aforesaid,  and  to  join  with  them  in  devising, 
deliberating  on,  and  discussing,  such  alterations  and 
further  provisions  as  may  be  necessary  to  render  the 
Federal  Constitution  adequate  to  the  exigencies  of  the 
Union :  And  in  reporting  such  act,  or  acts,  for  that  pur- 
pose, to  the  United  States  in  Congress  assembled,  as 
when  agreed  to  by  them,  and  duly  confirmed  by  the 
several  states,  may  effectually  provide  for  the  same  :  So 
always  and  provided,  that  such  alterations  or  further 
provisions,  or  any  of  them,  do  not  extend  to  that  part 
of  the  fifth  article  of  the  Confederation  of  the  said 
states,  finally  ratified  on  the  first  day  of  March,  in  the 
year  one  thousand  seven  hundred  and  eighty-one,  which 
declares  that  'in  determining  questions  in  the  United 
States  in  Congress  assembled,  each  state  shall  have  one 
vote.' " 


Thus  far  there  was  a  voluntary  and  very  ready  re- 
sponse, on  the  part  of  the  states,  to  the  proposal  made 
by  the  Annapolis  Convention  for  a  convention  to  revise 
the  Federal  Constitution. 
The  pro-        In   Congress,  on  the  twenty-first  day  of  February, 
eraTcon-^'  ^'''^''''   ^^"^    states    being   present,    "the   report  of    a 
ventionin  Grand  Committee,  consisting  of  Mr.  Dane,  Mr.  Var- 
yI^IT,'   num,  Mr.  S.  M.  Mitchell,  Mr.  Smith,  Mr.  Cadwallader, 
1787.   '     ]\ir.  Irvine,  Mr.  N.  Mitchell,  Mr.  Forrest,  Mr.  Grayson, 
Mr.  Blount,  Mr.  Bull,  and  Mr.  Few ;  to  whom  was  re- 
ferred a  letter  of  the  fourteenth  of  September,  1786, 


THE  UNITED   STATES   OF  AMEEICA.  921 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

from  Mr.  J.  Dickinson,  written  at  the  request  of  Com- The  pro- 
missioncrs  from  the  states  of  Virginia,  Delaware,  Penn-{^J'j^j.^j°^  * 
sylvania,  New  Jersey,  and  New  York,  assembled  at  the  convention 
city  01  Annapolis ;  together  with  a  copy  of  the  report  gress,  Feb. 
of  the  said  Commissioners,  to  the  legislatures  of  the  ^^^*'  ^'^'^' 
states  by  whom  they  were  appointed — being"  the  order 
of  the  da//,  was  called  up,  and  is  contained  in  the  fol- 
lowing resolution,  which  was  read,  viz.  ; 

"  Congress  having  had  under  consideration  the  letter  Report  of 
of  John  Dickinson,  Esq.,  chairman  of  the  commission- *^^^j'^g°^' 
ers  who  assembled  at  Annapolis,  during  the  last  year ;  thereon, 
also  the  proceedings  of  the  said  commissioners,  and 
entirely  coinciding  with  them,  as  to  the  inefficiency  of 
the  federal  government,  and  t]ie  necessity  of  devising 
such  farther  provisions  as  shall  render  the  same  ade- 
quate  to  the  exigencies  of  the  union  ;  do  strongly  re- 
commend to  the  different  legislatures  to  send  forward 
delegates,  to  meet  the  proposed  convention,  on  the  sec- 
ond Monday  in  May  next,  at  the  city  of  Philadelphia." 

The  delegates  from  the  state  of  New  York  thereupon  Proposi- 
laid  before  the  Congress  instructions  which  thev  had  U""^  ^l?"^, 

.      °  •'  >  ew  1  ork 

received  from  their  constituents,  and,  in  pursuance  of  in  refer- 
the  said  instructions,  moved  to  postpone  the  farther  *^'^*^^  ^^'^®' 
consideration  of  the  foregoing  report,  in  order  to  take 
up  the  fallowing  proposition,  viz.;  • 

"  That  it  he  recommended  to  the  staies  composing  the 
Union,  that  a  convention  of  representatives  from  the 
said  states  respectively,  be  held  at  *  *  *  *  on 
*  *  *  *  fQj.  ^\^Q  purpose  of  revising  the  articles 
of  confederation  and  perpetual  union  of  the  United 
States  of  America ;  and  reporting  to  the  United  States 
in  Congress  assembled,  and  to  the  states  respectively, 
such  alterations  and  amendments  of  the  said  articles 
of  confederation,  as  the  representatives  met  in  such 
convention  shall  judge  proper  and  necessary,  to  render 
them  adequate  to  the  preservation  and  support  of  the 
union^ 

The  question  on  the  motion  of  New  York,  to  post- 


to. 


922  THE   GOVERNMENTAL    HISTORY    OF 

Part  IV.  the  permanent  union 

Action  of  pone,  the  ayes  and  nays  being  called,  was  lost.  A  mo- 
^"'^^I^J'^^j.^  tion  was  then  made  by  the  delegates  from  Massaclm- 
posai  for  a  sotts,  on  behalf  of  that  state,  to  postpone  the  further 
conveV  consideration  of  the  report,  in  order  to  take  into  con- 
tion,  Feb.  sidcratioii  a  motion  which  they  read  in  their  place. 

21st  1787. 

*  This  being  agreed  to,  the  motion  of  the  delegates  from 
Massachusetts  was  taken  up,  and  being  amended,  was 
agreed  to  as  follows : 

"  Whereas  there  is  provision  in  the  articles  of  confed- 
eration and  perpetual  union,  for  making  alterations 
Proposi-     therein,  by  the  assent  of  a  Congress  of   the  United 
Massachu-  States,  and  of   the  legislatures  of  the  several  states : 
setts  in       And  ivhereas  experience  hath  evinced  that  there  are 
thereto,     defects  in  the  present  confederation,  as  a  means  to 
remedy  which,  several  of  the  states,  and  particularly 
the  state  of  New  York,  by  express  instructions  to  their 
delegates  in  congress,  have  suggested  a  convention  for 
the  purposes  expressed  in  the  following  resolution  ;  and 
such  convention  appearing  to  be  the  most  probable 
means  of  establishing  in  these  states  a  firm  national 
government, 
Resolution      Eesolved,  That  in  the  opinion  of  Congress,  it  is  expe- 

rccom- 

mending  dicnt,  that  on  the  second  Monday  in  May  next,  a  con- 
the  pro-     vention  of  delegates  who  shall  have  been  appointed  by 

posed  con-  "  ri.  j 

vention  to  tlicscveral  statcs,  be  held  at  Philadelphia,  for  the  sole 
Btater*^^'^  and  express  purpose  of  revising  the  articles  of  confed- 
eration, and  reporting  to  congress  and  the  several  leg- 
islatures, such  alterations  and  provisions  therein,  as 
shall,  when  agreed  to  in  congress,  and  confirmed  by  the 
states,  render  the  federal  constitution  adequate  to  the 
exigencies  of  the  government,  and  the  preservation  of 
the  union.''^ 
Appoint-        Pursuant  to  the  foregoing  resolution,  the  legislature 
Sgafes   of  the  state  of  New  York,  on  the  sixth  of  March,  1787, 
by  New     appointed  delegates  on  the  part  of  that  state  "  to  meet 
such  delegates  as  may  be  appointed  on  the  part  of  the 
other  states  respectively,  on  the  second  Monday  in  May 
next,  at  Philadelphia,  for  the  sole  and  express  purpose 


THE   UNITED    STATES   OF  AMERICA  923 

UNDER    THE    CONFEDKRATION.  rAKT    IV. 

of  revising  the  articles  of  confederation;  and  report- The  pro- 
ins  to  conj^ress,  and  to  the  several  legislatures,  such  p°T^  *^*^" 
alterations  and  provisions  therein,  as  shall,  when  agreed  veuiiou. 
to  in  congress,  and  confirmed  by  the  several  states,  ren- 
der the  federal  constitution  adequate  to  the  exigencies 
of  government  and  the  preservation  of  the  uniony 

By  an  act  passed  March  eighth,  1787,  the  legisla- Appoint- 
turc  of  South  Carolina  appointed  deputies  from  that  ™Jj"*j^^^|.g 
state,  "  to  meet  such  deputies  or  commissioners  as  may  by  South 
be  appointed  and  authorized  by  other  of  the  United  March  8th 
States,  to  assemble  in  convention,  at  the  city  of  Phila-  ^''^'^• 
delphia,  in  the  month  of  May  next,  or  as  soon  there- 
after as  may  be,  and  to  join  with  such  deputies  or  com- Their 
missioners  (they  being  duly  authorized  and  empow-P*^^^'"^* 
cred)  in  devising  and  discussing  all  such  alterations, 
clauses,  articles  and  provisions,  as  may  be  thought  nec- 
essary to  render  the  federal  constitution  entirely  ade- 
quate to  the  actual  situation  and  future  good  govern- 
ment of  the  confederated  states ;  and  together  with  the 
said  deputies  or  commissioners,  or  a  majority  of  them 
who  shall  be  present,  (provided  the  state  be  not  repre- 
sented by  less  than  two)  do  join  in  reporting  such  an 
act  to  the  United  States  in  Congress  assembled,  as  when 
approved  and  agreed  to  by  them,  and  duly  ratified  and 
confirmed  by  the  several  states,  will  effectually  provide 
for  the  exigence  of  the  union.^' 

Tlic  act  of  the  legislature  of  Massachusetts  recited  By  Massa- 
the  resolution  of  congress,  and  authorized  the  governor  Aprlf  g^h 
of  that  state  to  commission  five  delegates  appointed  to  i'^^'^- 
the  proposed  convention,  who,  or  any  three  of  them, 
were  duly  commissioned  on  the  ninth  day  of  April, 
1787,  "  to  meet  such  delegates  as  may  be  appointed  by 
the  other,  or  any  of  the  other,  states  in  the  union,  to 
meet  in  convention  at  Philadelphia,  at  the  time  and 
for  the  purposes  aforesaid." 

•  The  act  of  the  general  assembly  of  the  state  of  Con-  By  Con- 
necticut also  recited  the  resolution  of  congress  of  the  Mav'*T787 
21st  of  February  j  and  on  the  second  Thursday  of  May, 


924  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  permanent  union 

The  pro-    1787,  appointed   three   delegates,  thereby   requesting 
end  cou- '  them  "  to  proceed  to    Philadelphia  without  delay ;  " 
veution.     authorizing  .and    empowering    such    one  or  more  of 
them  as  should  "  actually  attend  the  said  convention  to 
represent  this  state  therein,  and  to  confer  with  such 
delegates  appointed  by  the  several  states,  for  the  pur- 
poses mentioned  in  the  said  act  of  congress,  that  may 
be  present  and  duly  authorized  to  act  in  said  conven- 
tion, and  to  discuss  upon  such  alterations  and  provi- 
Conn.  del-  sions,  agreeable  to  the  general  principles  of  republican 
ThehMjow- go^'G^^ii^snt  as  tlicy  shall  think  proper  to  render  the 

ers  and  iu-  federal  constitution   adequate   to  the  exiff-encies  of  the 
structious.  .  ^      7  .  »      1 

government  and  the  preservation  of  the  vnwn :     And 
they  are  further  directed,  pursuant  to  the  said  act  of 
congress,  to  report  such  alterations  and  provisions  as 
may  be  agreed  to  by  a  majority  of  the  United  States, 
represented   in    convention,    to    the   congress   of  the 
United  States,  and  to  the  general  assembly  of   this 
state." 
Appoint-        The  legislature  of  the  state  of  Maryland,  at  its  ses- 
Ikie^aU's    ^ioi^  ^^  ^^y,  1787,  passed  "  An  act  for  the  appointment 
by  Mary-    of^  and  Conferring  powers  in  deputies  from  this  state 
26tb',  1787.  to  the  federal  convention,"  by  which  five  delegates  were 
"  appointed  and  authorized,  on  behalf  of  this  state,  to 
meet  such  deputies  as  may  be  appointed  by  any  other 
of  the  United  States,  to  assemble  in  convention  at  Phil- 
adelphia for  the  purpose  of  revising  the  federal  system, 
and  to  join  with  them  in  considering  such  alterations 
and  further  provisions  as  may  be  necessary  to  render 
the  federal  constitution  adequate  to  the  exig-encies  of 
Their  i>ovf- the  union :     And  in    reporting  such  an   act  for  that 
BtSons'  piirpose  to  the  United  States  in  Congress  assembled  as 
when  agreed  to  by  them  and  duly  confirmed  by  the 
several  states,  will   effectually  provide  for   the    same. 
And  the  said  deputies,  or  such  of  them  as  shall  attend 
the  said  convention,  shall  have  full  power  to  represent 
this  state  for  the  purposes  aforesaid  :  And  the  said  dep- 
uties are  hereby  directed  to  report  the  proceedings  of 


THE   UNITED    STATES    OF   AMERICA.  925 


UNDER   THE.  CONFEDERATION.  PaRT    IV 


the  said  coiiveiition,  and  any  act  agreed  to  therein,  toxhepro- 
thc  next  session  of  the  general  assembly  of  this  state."  P°^^^  ^^^' 

The  legislature  ot  the  state  oi  JNew  Hampshire,  wasveniion. 
the  last  to  appoint  delegates  to  the  proposed  conven- 
tion, although  by  no  means  indifferent  to  the  crisis  in 
the  public  affairs  of  the  nation,  or  insensible  of  the  im- 
portance of  vesting  the  national  government  with  more 
efficient  prerogatives  and  resources.  With  the  exception,  Appoint- 
perhaps,  of  Virginia  and  Pennsylvania,  the  preamble  "^cnt  of 

,  .  ,  ,,  .  .  .  „  dolegatea 

to  her  enactment  on  this  occasion,  evinces  a  state  of  by  New 
feeling  more  competent  to  the  existing  exigency  than  ^|*1'"P" 
any  we  have  yet  seen.     It  was  entitled  ^'An  act  for  a/?- 27 th,' 1787. 
pointitig  deputies  from  this  state,  to  the  convention  pro- 
posed to  be  holdeii  in  the  city  of  Philadelphia,  in  May, 
1787,  for  the  purpose  of  revising  the  federal  constitu- 
tion."    And  recited,  "  JVJiercas  in  the  formation  of  the 
federal  compact  which  frames  the  bond  of  union  of  the 
American  states,  it  was  not  possible,  in  the  infant  state 
of  our  republic,  to  devise  a  system  which  in  the  course 
of  time  and  experience,  would  not  manifest  imperfec- 
tions that  it  would  be  necessary  to  reform. 

^^And  lohereas   the   limited  powers,   which   by  the  Preamble 
articles  of  confederation,  are  vested  in  the  Congress  of  t°.^*'?  '^P* 
the  United  States,  have  been  found  far  inadequate  to  act. 
the  enlarged  purposes  which  they  were  intended  to  pro- 
duce :  And  whereas  congress  hath,  by  repeated  and 
most  urgent   representations,  endeavored   to  awaken 
this,  and  other  states  of  the  union,  to  a  sense  of  the 
truly  critical  and  alarming  situation  in  which  they  may 
inevitably  be  involved,  unless  timely  measures  be  taken 
to  enlarge  the  powers  of  congress ;  that  they  may  be 
thereby  enabled  to  avert  the  dangers  which  threaten 
our  existence  as  a  free  and  independent  people  :     And  xhcir  con- 
ivhereas  tliis  state  hath  been  ever  desirous  to  act  upon  fii'atory 

Spirit 

the  liberal  system  of  the  general  good  of  the  United 
States,  without  circumscribing  its  views  to  the  narrow 
and  selfish  objects  of  partial  convenience ;  and  has 
bc3n  at  all  times  ready  to  make  any  concession  to  the 


926  THE   GOVERNMENTAL   HISTORY   OP 


Part  IV.  the  perm4.nent  union 


Towers  of  safety  and  happiness  of  the  whole,  which  justice  and 
H^nf^^     sound  policy  could  indicate.     Be  it  therefore  enacted, 
shire  dele-  by  the  Senate  and  House  of  Representatives  in  General 
fhe'^pro'^     Court  convened,  that  *     *     *  (naming  the  delegates,) 
posed  fed-  -^^  ^^^^  hereby  are  appointed  commissioners  ;  they  or 
vention.     any  two  of  them,  are  hereby  authorized  and  empowered, 
as  deputies  from  this  state,  to  meet  at  Philadelphia,  in 
said  convention,  or  at  any  other  place  to  which  the  con- 
vention may  be  adjourned,  for  the  purposes  aforesaid, 
there  to  confer  with  such  deputies  as  are,  or  may  be 
appointed  by  the  other  states  for  similar  purposes,  and 
with  them  to  discuss  and  decide  upon  the  most  effectual 
means  to  remedy  the  defects  of  our  federal  union,  and 
to  procure  and  secure  the  enlarged  purposes  which  it 
was  intended  to  effect,  and  to  report  such  an  act  to  the 
United  States  in  Congress,  as  when  agreed  to  by  them, 
and  didy  confirmed  by  the  several  states,  will  effect- 
ually provide  for  the  same." 


Provision  Thus  early  and  readily,  twelve  states  of  the  union, 
Jovern-  ^^^  cxccpt  tlic  statc  of  Rhodc  Island,  signified  their 
nieiit  of  the  gQijse   of  the  earnest  exigencies  of  the  nation,  by  ap- 

territorial  .  t   i  •      i^  t 

domain  of  pouituig  delegates  to  meet  in  the  proposed  convention, 
slt'^t^^'**^'^  to  deliberate  upon  a  revision  of  the  federal  constitu- 
iVs'?. '       tion  :  Meanwhile  the  Congress  is  engaged  in  the  forma- 
tion of  another  compact   between   the    states,  equally 
obligatory,  and  equally  interesting  and  important  in  its 
relations  to  our  governmental  history. 

The  immense  western  territory,  ceded  by  several  of  the 
states  to  Congress  as  a  part  of  the  national  domain,  to 
be  used  for  the  common  benefit  of  the  United  States, 
Its  impor-  became  at  once  a  subject  of  new  and  thrilling  interest 
necessity.  *^  them  all.  Its  settlement,  its  proprietorship,  its  gov- 
ernment, and  its  relations  and  position  in  the  federa- 
tive system,  were  matters  of  great  moment  and  careful 
consideration.  Hence  the  Ordinance  of  1787,  so  called  : 
An  ordinance  which  has  been,  is  now,  and  may  still 
hereafter,  often  be  referred  to,  not  only  as  embodying  a 


THE   UNITED    STATES   OP   AMERICA.  927 

UNDKR    THE    CONFEDERATION.  PaRT    IV. 

precedent  for   territorial   government,   but   also   as  a  Compact 
political  compact  whose  tenor  and  principles,  in  their  g^^rf,. 
obligation   upon  the  nation  and  the  states,  must  con- mtnt  of  the 
tinuc  to  be  of  binding  efficacy  while   the   union   lasts,  jomaiu  of 
For  while  it  defines  the  reach  of  the  territorial  domain  ^^l^y-  S. 
of  the  United  States  at  the  formation  of  the  present 
constitution,  taken    together   with   that   instrument — 
which  did  not  alter  or  abridge  any  one  of  its  essential 
provisions — it  also   serves  to  mark  the  limit  of  the  na- 
tional jurisdiction   thereby  established.     It  is  in  this  Its  impor- 
aspect  of  it,  that  it  becomes  of  importance  in  this  con-  pou\tcaf  * 
nection,  in  our  governmental  history.  compact, 

"An  Ordinance /or  the  government  of  the  territory  of  the 
United  States,  North- West  of  the  river  Ohio. 

^'■Be  it  ordained  by  the  United  States  in  Congress  as-District- 
sembled,  That  the  said  Territory,  for  the  purposes  of  '°^* 
temporary  government,  be  one  district ;  subject,  however, 
to  be  divided  into  two  districts,  as  future  circumstances 
may,  in  the  opinion  of  Congress,  make  it  expedient. 

"5e  it  ordained  by  the  authority  aforesaid,  That  the  Descent 
estates,  both  of  resident  and  non-resident  proprietors  bution  of 
in  the  said  territory,  dying  intestate,  shall  descend  to,  estates  in. 
and  be  distributed  among,  their  children,  and  the  de- 
scendants of  a  deceased  child  in  equal  parts ;  the  de- 
scendants of  a  deceased  child  or  grand-child,  to  take 
the  share  of  their  deceased  parent  in  equal  parts  among 
them ;  and  where  there  shall  be  no  children  or  descend- 
ants, then  in  equal  parts  to  the  next  of  kin,  in  equal 
degree :  and  among  collaterals,  the  children  of  a  de- 
ceased brother  or  sister  of  the  intestate,  shall  have,  in 
equal  parts  among  them,  their  deceased  parents'  share  : 
and  there  shall  in  no  case  be  a  distinction  between  kin- 
dred of  the  whole  and  half-blood  ;  saving  in  all  cases  Dower  in. 
to  the  widow  of  the  intestate,  her  third-part  of  the  real 
estate  for  life,  and  one  third-part  of  the  personal  estate  ; 
and  this   laio  relative  to  descents  and  dower,  shall  re- Wills  and 
main  in  full  force  until  altered  by  the  les-islature  of  the  '-'°°^*^y*'^" 

*'  °  CCS. 

district.     And  until  the  governor  and  judges  shall  adopt 


928  THE   GOVEENMENTAL   HISTORY   OF 


Part  IV.  the  permanent  union 


Compact    laws  as  hereinafter  mentioned,  estates  in  said  territory 
for  the      j^g^y.   ^Q   devised   or   bequeathed  by  wills   in   writing, 
ment  of  the  signed  and  sealed  by  him,  or  her,  in  whom  the  estate 
domlhfof  may  be  (being  of  full  age)  and  attested  by  three  wit- 
the  u.  S.    nesses.     And  real  estates  may  be  conveyed  by  lease  and 
release,  or  bargain  and  sale,  signed,  sealed,  and  deliv- 
Execution  ered  by  the  person,  being  of  full  age,  in  whom  the  estate 
of  deeds,    ^lay  be,  and  attested  by  two  witnesses  ;  provided  such 
wills  be  duly  proved,  and  such  conveyances  be  acknowl- 
edged, or  the  execution  thereof  duly  proved,  and  be 
recorded   within   one   year   after   proper  magistrates, 
courts,  and  registers,  shall  be  appointed  for  that  pur- 
Transfer    pose:  And  personal  property  may  be  transferred  by  de- 
propert":^'^  livery  ;  saving,  however,  to  the  French  and  Canadian 
inhabitants,  and  other  settlers  of  the  Kaskaskies,  Saint 
Vincents,'  and  the  neighboring  villages,  who  have  here- 
tofore professed  themselves  citizens  of  Virginia,  their 
*  laws  and  customs  in  force  among  them,  relative  to  the 

descent  and  conveyance  of  property. 
The  gov-        '■'■Be  it  ordained  by  the  authority  aforesaid,  That  there 
quXfica-    s^iall  ^6  appointed,  from  time  to  time,  by  Congress,  a 
tionsand    governor,  whose  commission  shall  continue  in  force  for 
office.        the  term  of  three  years,  unless  sooner  revoked  by  Con- 
gress.    He  shall  reside  in  the  district,  and  have  a  free- 
hold  estate   therein  in   one  thousand  acres  of  land, 
while  in  the  exercise  of  his  office. 
The  secre-      u  TJiere  shall  be  appointed,  from  time  to  time,  by  Con- 
du7y'and    grcss,  a  secretary,  whose  commission  shall  continue  in 
quaiifica-    fg^^f.^  ^q^  four  vcars,  unlcss  sooner  revoked :  He  shall 

tlOQS 

reside  in  the  district,  and  have  a  freehold  estate  therein 
in  five  hundred  acres  of  land,  while  in  the  exercise  of 
his  office  :  It  shall  be  his  duty  to  keep  and  preserve  the 
acts  and  laws  passed  by  the  legislature,  and  the  public 
records  of  the  district,  and  the  proceedings  of  the  gov- 
ernor in  his  executive  department ;  and  transmit  authen- 
tic copies  of  such  acts  and  proceedings,  every  six  months, 
Thejudi-  to  the  Secretary  of  Congress :  There  shall  also  be  ap- 
ciary.        pointed  a  Court  to  consist  of  three  judges,  any  two  of 


THE   UNITED   STATES'  OF  AMERICA.  929 


UNDER   THE    CONFEDERATION.  PaRT    IV. 


whom  to  form  a  court,  who  shall  have  a  common  law  Compact 
jurisdiction,  and  reside  in  the  district,  and  have  each  ^^^^^^'^_ 
therein  a  freehold  estate  in  five  hundred  acres  of  l;uid,i'>entofthe 
while  in  the  exercise  of  their  offices  ;  and  their  commis-  domain  of 
sions  shall  continue  in  force  during  good  behavior,         170- '  ^' 

"  The  governor  and  judges,  or  a  majority  of  them, 
shall  adopt  and  publish  in  the  district,  such  laws,  crim-  dliminal 
inal  and  civil,  as  may  be  necessary,  and  best  suited  to  code  of 
the  circumstances  of  the  district,  and  report  them  to 
Congress,  from  time  to  time,  which  laws  shall  be  in 
force  in  the  district  until  the  organization  of  the  gen- 
eral assembly  therein,  unless  disapproved  of  by  Con- 
gress ;  but  afterwards  the  legislature  shall  have  au- 
thority to  alter  them  as  they  sliall  think  fit. 

"  The  governor  for   the  time  being,  shall  be  com-  Military 
mander-in-chief  of  the  militia,  appoint  and  commission  fhJ^^o^y? 
all  officers  in  the  same,  below  the  rank  of  general  offi-emor. 
cers ;  all  general  officers  shall  be  appointed  and  com- 
missioned by  Congress. 

^'■Previous  to  the  organization  of  the  general  assetnbl//  Appoint- 
the  governor  shall  appoint  such  magistrates  and  other  !J))^°ei.3°o^f 
civil  officers,  in  each  county  and  township,  as  he  sliall  magis- 

t rites 

find  jiecessary  for  the  preservation  of  the  peace  and 
good  order  in  the  same  :  After  the  general  assembly 
shall  be  organized,  the  powers  and  duties  of  magistrates 
and  other  civil  officers  shall  be  regulated  and  defined 
by  the  said  assembly ;  but  all  magistrates  and  other 
civil  officers,  not  herein  otherwise  directed,  shall,  dur- 
ing the  continuance  of  this  temporary  government,  be 
appointed  by  the  governor. 

^^For  the  prevention  of  crimes  and  injuries,  the  laws  to  Laws  of 
be  adopted,  or  made,  shall  have  force  in  all  parts  of  the  erai  assem- 
district ;  and  for  the  execution  of  process,  criminal  and  bij. 
civil,  the  governor  shall  make  proper  divisions  thereof; 
and  he  shall  proceed,  from  time  to  time,  as  circumstan- 
ces may  require,  to  lay  out  the  parts  of  the  district  in 
wliich  the  Indian  titles  shall  have  been  cxtino-uishcd,  n 

=>  '  Counties 

into  counties  and  townships,  subject,  however,  to  such  and  towns. 
59 


930 


THE   GOVERNMENTAL   HISTORY   OP 


Part  IV. 


THE    PERMANENT    UNION 


Compact 
for  the 
govern- 
ment of  the 
territorial 
domain  of 
the  U.  S. 
1V87. 

Represent- 
atives. 


Qualifica- 
tions of. 


Qualifica- 
tions of 
electors. 


Term  of 
represent- 
atives, va- 
cancy, how 
mied. 


The  terri- 
torial as- 
sembly, 
how  con- 
stituted. 


alterations  as  may  thereafter  be  made  by  the  legisla- 
ture. 

">Sb  soon  as  there  shall  be  Jive  thousand  free  male  in- 
habitants, of  full  age,  in  the  district,  upon  giving  proof 
thereof  to  the  governor,  they  shall  receive  authority, 
with  time  and  place,  to  elect  representatives  from  their 
counties  or  townships,  to  represent  them  in  the  general 
assembly ;  provided,  that  for  every  five  hundred  free  male 
inhabitants,  there  shall  be  one  representative,  and  so  on 
progressively  with  the  number  of  free  male  inhabitants 
shall  the  right  of  representation  increase,  until  the 
number  of  representatives  shall  amount  to  twenty- 
five  ;  after  which  the  number  and  proportion  of  repre- 
sentatives shall  be  regulated  by  the  legislature :  Pro- 
vided, that  no  person  be  eligible  or  qualified  to  act  as  a 
representative,  unless  he  shall  have  been  a  citizen  of 
one  of  the  United  States  three  years,  and  be  a  resident 
in  the  district,  or  unless  he  shall  have  resided  in  the 
district  three  years ;  and  in  either  case,  shall  likewise 
hold  in  his  own  right,  in  fee  simple,  two  hundred  acres 
of  land  within  the  same  :  Provided  also,  that  a  freehold 
in  fifty  acres  of  land  in  the  district,  having  been  a  citi- 
zen of  one  of  the  states  and  being  resident  in  the  dis- 
trict, or  the  like  freehold  and  two  years  residence  in 
the  district,  shall  be  necessary  to  qualify  a  man  as  an 
elector  of  a  representative. 

"  The  representatives  thvs  elected,  shall  serve  for  the 
term  of  two  years,  and  in  case  of  the  death  of  a  rep- 
resentative, or  removal  from  office,  the  governor  shall 
issue  a  writ  to  the  county  or  township  for  which  he  was 
a  member,  to  elect  another  in  his  stead,  to  serve  for  the 
residue  of  the  term. 

"  The  General  Assembly,  or  Legislature,  shall  consist 
of  the  governor,  legislative  council,  and  a  house  of  rep- 
resentatives. The  Legislative  Council  shall  consist  of 
five  members,  to  continue  in  office  five  years,  unless 
sooner  removed  by  Congress  ;  any  three  of  whom  to  be 
a  quorum :  and  the  members  of  the  council  to  be  nom- 


THE   UNITED    STATES   OP  AMERICA.  931 

UNDER   THE    CONFEDERATION.  PaUT    IV. 

iiiated  and  appointed  in  the  following  manner,  to  wit :  Compact 
As  soon  as  the  representatives  shall  be  elected,  the  gov- g^^Jll^jfj^^J" 
crnor  shall  appoint  a  time  and  place  for  them  to  meet  tiie  territo- 
togethcr,  and,  when  met,  tliey  shall  nominate  ten  per- of  the  U.  S. 
sous,  residents  in  the  district,  and  each  possessed  of  a  ^'^^'^• 
freehold  in  five  hundred  acres  of  land,  and  return  their  Jj^^Jj^'^® 
names  to  congress  ;  five  of  whom  congress  shall  appoint  how  ap- 
and  commission  to  serve  as  aforesaid :   And  whenever  a  ^^^^  ^ 
vacancy  shall  happen  in  the  council,  by  death  or  removal  Vacancies 
from  office,  the  house  of  representatives  shall  nominate  ^"jg^^^ 
•two  persons  qualified  as  aforesaid,  for  each  vacancy, 
and  return  their  names  to  congress  ;  one  of  whom  con- 
gress shall  appoint  and  commission  for  the  residue  of 
the  term.     And  every  five  years  ^  four  months  at  least  How  of  tea 
before  the  expiration  of  the  time  of  service  of  the  mem-  ^'^'^^^^• 
bers  of  the  council,  the  said  house  shall  nominate  ten 
persons  qualified  as  aforesaid,  and  return  their  names 
to  congress,  five  of  whom  congress  shall  appoint  and 
commission  to  serve  as  members  of  the  council  five 
years,  unless  sooner  removed.     And  the  governor,  leg-  Legislative 
islative  council,  and  house  of  representatives  shall  haveP,'^^^''''?^ 
authority  to  make  laws,  in  all  cases,  for  the  good  gov-  toriai  as- 
ernment  of  the  district,  not  repugnant  to  the  principles  ^^°^^  ^" 
and  articles  in  this  Ordinance  established  and  declared. 
And  all  bills  having  passed  by  a  majority  in  the  house, 
and  by  a  majority  in  the  council,  shall  be  referred  to 
the  governor  for  his  assent ;  but  no  bill  or  legislative  Powers  of 
act  whatever  shall  be  of  any  force  without  his  assent,  emo?!*^" 
The  governor  shall  have  power  to  convene,  prorogue, 
and  dissolve,  the  general  assembly, when,  in  his  opinion, 
it  shall  be  expedient. 

'■''The  governor^  judges,  legislative  council,  secretary, Oath  oi 
and  such  other  officers  as  congress  shall  appoint  in  the  °^'^^' 
district,  shall  take  an  oath  or  affirmation  of  fidelity,  and 
of  office ;  the  governor  before  the  president  of    con- 
gress, and  all  other  officers  before  the  governor.     As  Delegate 
soon  as  a  legislature  shall  be  formed  in  the  district,  the  *"  ^^°: 

°  '  gress,  how 

council  and  house,  assembled  in  one  room,  shall  have  elected. 


932  THE   GOVERNMENTAL   HISTORY   OP 


Part  IV.  the  permanent  union 


Compact    autliority,  by  joint  ballot,  to  elect  a  delegate  to  coii- 
forthegov-  J      ^YxaW  have  a  seat  in  congress,  with  a  right 

ernmentoi  a  5  <j  /  o 

the  territo-  of  debating,  but  not  of  voting  during  this  temporary 

rial  domain  , 

of  the  U.S.  government. 

17  81.  a  j^y^j)  jor  extending  the  fundamental  principles  of  civil 

and  religious  liberty  which  form  the  basis  whereon  these 
Articles  of  RopubUcs,  their  laws  and  constitutions,  are  erected  ; 
compact.    ^Q  £;x:  and  establish  those  principles  as  the  basis  of  all 
laws,  constitutions,  and  governments,  wliich    forever 
hereafter  shall  be  formed  in  the  said  territory  ;  to  pro- 
Preamble,  vide  also  for  the  establishment  of  states,  and  permanent 
governments  therein,  and  for  their  admission  to  a  share 
in  the  federal  councils  on  an  equal  footing  with  the 
orighial  states,  at  as  early  periods  as  may  be  consistent 
with  the  general  interest : 

'■'■It  is  hereby  ordained  and  declared,  by  the  authority 
aforesaid,  that  the  following  articles  shall  be  considered 
as  articles  of  compact  between  the  original  states,  and 
the  people  and  states  in  the  said  territory,  and  forever 
remain  unalterable,  unless  by  common  consent,  to  wit ; 
Religious        "  ARTICLE  THE  FiRST.     No  person,  demeaning  himself 
freedom.     •,^  ^  peaceable  and  orderly  manner,  shall  ever  be  mo- 
lested on  account  of  his  mode  of  worship,  or  religious 
sentiments,  in  the  said  territory. 
Civil  liber-     "  ARTICLE  THE  SECOND.     The  inhabitants  of  the  said 
ties  and     teri'itory  shall  always  be  entitled  to  the  benefits  of  the 
"^^'^^'       writ  of  Habeas  Corpus,  and  of  the  trial  by  jury ;  of  a 
proportionate  representation  of  the  people  in  the  legis- 
lature ;  and  of  judicial  proceedings  according  to  the 
course  of  the  Common  Law.     All  persons  shall  be  bail- 
able, unless  for  capital  offences,  where  the  proof  shall 
be  evident,  or  the  presumption  great :    All  fines  shall 
be  moderate  ;  and  no  cruel  or  unusual  punishments  be 
Personal    inflicted.     No  man  shall  be  deprived  of  his  liberty  or 
rights  and  property,  but  by  the  judgment  of  his  peers,  or  the  law 
proper  y.    ^^  ^^^^  j^^^^  ^  ^^^^  should  the  public  exigencies  make  it 

necessary,  for  the  common  preservation,  to  take  an)- 
person's  property,  or  to  demand  his  particular  services, 


THE   UNITED    STATES   OF   AMERICA.  933 

UNDER    TIIK    CONFEDEKATION.  PaRT    IV. 

full  compensation  shall  be  made  for  the  same.     And  in  Compact 
the  just  preservation  of  rights  and  property,  it  is  ^iii- J,rJ"i*ne^°Jf 
dcrstood  and  declared,  that  no  law  ought  ever  to  he  thn  tcrrito- 
made,  or  have  force  in  the  said  territory,  that  shall  in^f  tij^u  g. 
any  manner  whatever  interfere  with,  or  affect,  private  I'^^Y. 
contracts  or  engagements,  bona  fide  and  without  fraud 
previoueily  formed. 

"  Article  the  Third.     Religion,  morality,  and  knowl-  Encour- 
edge,  being  necessary  to  good  government  and  the  l^^p- "^^^^^J^^ 
piness  of  mankind,  schools  and  the  means  of  education 
shall  ever  be  encouraged.     The  utmost  good  faith  shall 
always  be  observed  towards  the  Indians ;  their  lands  Protection 
and  property  shall  never  be  taken  from  them  without  j^^^^g 
their  consent;  and  in  their  property,  rights,  and  lib- 
erty, they  never  shall  be  invaded  or  disturbed,  unless 
in  just  and  lawful  wars  authorized  by  congress :  But 
laws  founded  in  justice  and  humanity  shall  from  time 
to  time  be  made,  for  preventing  wrongs  being  done  to 
them,  and  for  preserving  peace  and  friendship  with 
them. 

"  Article  the  Fourth.  Tlie  said  territory,  and  the 
states  which  may  be  formed  therein,  shall  forever  re- 
main a  part  of  this  Confederacy  of  the  United  States 
of  America,  subject  to  the  Articles  of  Confederation, 
and  to  such  alterations  therein  as  shall  be  constitution- 
ally made :  And  to  all  the  acts  and  ordinances  of  the 
United  States  in  Congress  assembled,  conformable 
thereto.  The  inhabitants  and  settlers  in  the  said  ter-inhabit- 
ritory  shall  be  subject  to  pay  a  part  of  the  federal  ^"^'^  ^^^' 

jcct  to  pny 

debts,  contracted  or  to  be  contracted,  and  a  proper- a  propor- 
tional part  of  the  expenses  of  government,  to  be  appor-  federal  *^^ 
tioned  on  them  by  Congress,  according  to  the  same  t>"i"d'^^s. 
common  rule  and  measure,  by  which  apportionments 
thereof  shall  be  made  on  the  other  states  :  And  the 
taxes  for  paying  their  proportion  shall  be  laid  and  lev-  Levy  of 
led  by  the  authority  and  direction  of  the  lcQ;islatures  ^^^"^^^ 

*—  therefor. 

of  the  district,  or  districts,  or  new  states,  as  in  the  orig- 
inal states,  within  the  time  agreed  upon  by  the  United 


934 


THE   GOVERNMENTAL    HISTORY   OP 


Part  IV. 


THE    PERMANENT    UNION 


Compact 
for  the  gov- 
ernment of 
the  territo- 
rial domain 
of  the  U.  S. 
1787. 

Taxes  on 

certain 

lands. 


River  nav- 
igation free 
fo  all. 


States  to 
be  formed 
out  of  the 
territory. 


Precincts 
of  the 
Westeru 
State. 


Precincts 
of  the 
Middle 
State. 


Precincts 
of  the 
Eastern 
State. 

■  Subject  to 
congress. 


States  in  Congress  assembled.  The  legislatures  of 
those  districts,  or  new  states,  shall  never  interfere  with 
the  primary  disposal  of  the  soil  by  the  United  States 
in  Congress  assembled,  nor  with  any  regulations  Con- 
gress may  find  necessary  for  securhig  the  title  in  such 
soil  to  the  bona  fide  purchasers.  No  tax  shall  be  im- 
posed on  lands  the  property  of  the  United  States ;  and 
in  no  case  shall  non-resident  proprietors  be  taxed 
higher  than  residents.  The  navigable  waters  leading 
into  the  Mississippi  and  St.  Lawrence,  and  the  carrying 
places  between  the  same,  shall  be  common  highways 
and  forever  free,  as  well  to  the  inhabitants  of  the  said 
territory,  as  to  the  citizens  of  the  United  States,  and 
those  of  any  other  states  that  may  be  admitted  into  the 
Confederacy,  without  any  impost,  tax,  or  duty,  there- 
for. 

"Article  the  Fifth.  There  shall  he  formed  in  the 
said  territory,  not  less  than  three,  nor  more  than  five 
states ;  and  the  boundaries  of  the  states,  as  soon  as 
Virginia  shall  alter  her  act  of  cession,  and  consent  to 
the  same,  shall  become  fixed  and  established  as  follows, 
to  wit :  The  Western  State  in  the  said  territory  shall 
be  bounded  by  the  Mississippi,  the  Ohio,  and  the  "Wa- 
bash rivers ;  a  direct  line  drawn  from  the  Wabash  and 
Port  Vincents,  due  north  to  the  territorial  line  betAveen 
the  United  States  and  Canada ;  and  by  the  said  terri- 
torial line  to  the  Lake  of  the  Woods  and  the  Missis- 
sippi. 

"!Z7ie  Middle  State  shall  be  bounded  by  the  said 
direct  line,  the  Wabash  from  Port  Vincents  to  the 
Ohio ;  by  the  Ohio,  by  a  direct  line  drawn  due  north 
from  the  mouth  of  the  Great  Miami,  to  the  said  terri- 
torial line,  and  by  the  said  territorial  line. 

''The  Eastern  State  shall  be  bounded  by  the  last 
mentioned  direct  line,  the  Ohio,  Pennsylvania,  and  the 
said  territorial  line ;  provided^  however,  and  it  is  further 
understood  and  declared,  that  the  boundaries  of  these 
three  states  shall  be  subject  so  far  to  be  altered,  that  if 


THE   UNITED   STATES   OF  AMERICA.  935 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

Congress  shall  hereafter  find  it  expedient,  they  shall  Compact 
have  authority  to  form  one  or  two  states  in  that  part  enuneuuTf 
of  the  said  territory  which  lies  north  of  an  east  and  *^c  territo- 
west  line  drawn  through  the  southerly  bend  or  extreme  of  the  u.  S. 
of  Lake  Michigan.  And  whenever  any  of  the  said  ^''®'^' 
states  shall  have  sixty  thousand  free  inhabitants  there- Admission 
in,  such  state  shall  be  admitted,  by  its  delegates,  into  ^^  ti'e  said 

'  r.  a  J  states  mto 

the  Congress  of  the  United  States,  on  an  equal  footing  the  Union. 
ivith  the  original  states,  in  all  respects  ivhateccr,  and 
shall  be  at  liberty  to  form  a  permanent  constitution 
and  state  government :  Provided  the  constitution  and 
government  so  to  be  formed  shall  be  republican,  and 
in  conformity  to  the  principles  contained  in  these  arti- 
cles :  And  so  far  as  it  can  be  consistent  with  the  general 
interest  of  the  Confederacy,  such  admission  shall  be 
allowed  at  an  earlier  period,  and  when  there  may  be  a 
less  number  of  free  inhabitants  in  the  state  than  sixty 
thousand. 

"Article  the  Sixth.  There  shall  be  neither  slavery  slavery, 
nor  involuntary  servitude  in  the  said  territory,  other- 
wise than  in  the  punishment  of  crimes,  whereof  the 
party  shall  have  been  duly  convicted :  Provided  alivays 
that  any  person  escaping  into  the  same,  from  whom 
labour  or  service  is  lawfully  claimed  in  any  one  of  the 
original  states,  such  fugitive  may  be  lawfully  reclaimed, 
and  conveyed  to  the  person  claiming  his,  or  her,  la- 
bour, or  service,  as  aforesaid. 

"5e  it  ordained  by  the  authority  aforesaid,  that  the  jjgpga,w 
resolutions  of  the  23d  of  April,  1784,  relative  to  the  clause, 
subject  of  this  Ordinance,  be,  and  the  same  hereby  are, 
repealed  and  declared  null  and  void. 

"  Done  by  the  United  States  in  Congress  assembled, 
the  thirteenth  day  of  July,  in  the  year  of  our  Lord 
1787,  and  of  their  sovereignty  and  independence,  the 
12th. 

"  Charles  Thomson,  Sec'y." 


93G  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  permanent  union 

ThcFed- 

eralcon-  ThE  FEDERAL   CONVENTION 

vention 

km'-'*'        -^^^^  ^*  Philadelphia  on  the  fourteenth  day  of  May, 
May,  14th,  A.  D.  1787,  being  in  the  eleventh  year  after  the  declara- 
'  tion  of  their  independence,  by  the  thirteen  colonies  of 

North  America,  and  the  fourth  year  after  the  recogni- 
tion of  their  independence,  as  United  States,  under  the 
definitive  treaty  of  peace  with  the  parent  state  :  Several 
deputies  assembled  at  the  State  House  during  the  day, 
and  continued  to  meet  by  adjournment  from  day  to  day, 
until  a  majority  of  the  states  were  represented  by  the 
appearance  of  their  delegates. 
Organiza-       On  Friday,  the  twenty-fifth  day  of  May,  nine  of  the 
conven-^  ^  statcs  being  represented,  it  was  moved  by  the  honor- 
t'on-  able  Robert  Morris,  one  of  the  deputies  from  the  state 

of  Pennsylvania,  that  a  president  be  elected  by  ballot, 
which  motion  was  adopted  by  the  convention ;  where- 
upon Mr.  Morris,  on  the  part  of  Pennsylvania,  nomin- 
ated General  George  Washington,  who  was  present  as 
a  delegate  from  the  state  of  Virginia.  The  convention 
then  proceeded  to  ballot,  and  the  ballot  being  counted, 
George  "Washington  was  announced  as  the  person  unan- 
imously chosen  to  preside  over  the  convention. 
Washing-  General  Washington  was  conducted  to  the  chair 
president!*^  by  the  Hon.  Eobert  Morris  and  John  Rutledge,  Esqs., 
when  he  proposed  to  the  convention  that  they  should 
proceed  to  elect  a  secretary  ;  and  the  ballot  being  taken, 
William  Jackson,  Esq.,  was  declared  elected;  The  cre- 
dentials of  the  members  were  then  produced,  and  on 
motion  of  3Ir.  C.  Pinckney  of  South  Carolina,  it  was 

'•  Ordered,  that  a  committee  be  appointed  to  draw  up 
rules  to  be  observed  as  the  standing  orders  of  the  Con- 
vention, and  to  report  the  same  to  the  house." 
Commit-         Mr.  Wythe  of  Virginia,  Mr.  Hamilton  of  New-York, 
rulerap-    and  Mr.  C.  Pinckney  of  South  Carolina,  were  appointed 
pointed.     ^^^q\^  committee  ;    and   the   convention  adjourned  till 
Monday,  May  28th,  at  10  A.  M. 

Monday.  May  28th,  1787.    The  Convention  met  pur- 


THE   UNITED    STATES   OP   AMERICA.  937 

UNDER    THE    CONFEDERATION.  PaUT    IV. 

suant   to    adjournment,  when   further  deputations  ap-  The  Feder- 
peared  from  Massachusetts,  Connecticut,  Delaware  and^j^^*^^^*^"' 
Maryland,  and  their  credentials  were  received  and  ex- i^'vii^dcl- 
aniincd :  Mr.  Wythe,  from  the  committee  appointed  for  Htii',  1737. 
that   purpose,  reported   the  rules   prepared  to  he  ob- j^^^^^.^  ^^^ 
served  by  the  convention  in  their  proceedings,  which  the  com- 

mittcc 

were  read,  debated,  and  finally  agreed  to  as  follows,  viz. : 

Rules  to  be  observed  as  the  Standing  Orders  of  the  Con- 
vention. 

I.  A  house  to  do  business,  shall  consist  of  the  depu- Business 
ties  of  not  less   than  seven   states  ;  and  all  questions  ^"  ^^ 
shall  be  decided  by  the  greater  number  of  these  which 

shall  be  fully  represented.  But  a  less  number  than 
seven  may  adjourn  from  day  to  day. 

II.  Immediately  after  the  president  shall  have  taken  Routine  of 
the  chair,  and  the  members  their  seats,  the  minutes  of    '^  "^^  • 
the  preceding  day  shall  be  read  by  the  secretary. 

III.  Every  member,  rising  to  speak,  shall  address  the 
president ;  and,  whilst  he  shall  be  speaking,  none  shall  Debates, 
pass  between  them ;  or  hold  discourse  with  another ; 

or  read  a  book,  pamphlet  or  paper,  printed  or  manu- 
script; and  of  two  members  rising  at  the  same  time,  the 
president  shall  name  him  who  shall  be  first  heard. 

IV.  A  member  shall  not  speak  oftener  than  twice,  Restric- 
without   special   leave,  upon   the   same  question ;  ^iitl  g'^J^^^J^'^ 
not  the  second  time,  before  every  other,  who  had  been 
silent,  shall  have  been  heard,  if  he   choose  to  speak 

upon  the  subject. 

V.  A  motion  made  and  seconded,  shall  be  repeated ;  Motions, 
and,  if  written,  as  it  shall  be  when  any  member  shall 

so  require,  read  aloud,  by  the  secretary,  before  it  shall 
be  debated ;  and  may  be  withdrawn  at  any  time  before 
the  vote  upon  it  shall  have  been  declared. 

VI.  Orders  of  the  day  shall  be  read  next  after  the  Orders  of 
minutes  ;  and  either  discussed  or  postponed,  before  any  ^^°  '^'^^* 
other  business  shall  be  introduced.  Debatable 

VII.  When   a   debate  shall  arise  upon  a  question,  questions. 


938  THE  GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  permanent  union 

TheFeder-no  motion  Other  than  to  amend  the  question,  to  commit 
tfon  at^^'^' ^*'  or  postpone  the  debate,  shall  be  received. 
Phiiadei-        VIII.  A  question  which  is  complicated,  shall,  at  the 
14th',  1787.  request  of  any  member,  be  divided,  and  put  separately 

upon  the  propositions  of  which  it  is  compounded. 
Rules  of        IX.  The  determination  of  a  question,  although  fully 
vention!     debated,  shall  be  postponed,  if  the  deputies  of  any  state 

desire  it,  until  the  next  day. 
Matter  in       X.  A  Writing,  wliicli  contains  any  matter  brought  on 
writing,      iq  |3Q  considered,  shall  be  read  once  throughout,  for  in- 
formation ;  then   by  paragraphs,  to  be  debated ;  and 
again,  with   the   amendments,   if  any,   made   on   the 
second  reading,  and  afterwards  the  question  shall  be 
put  upon  the  whole,  amended,  or  approved  in  its  orig- 
inal form,  as  the  case  shall  be. 
Commit-        XI.  That  committees  shall  be  appointed  by  ballot ; 
*®^^-         and  that  the  members  who  have  the  greatest  number 
of  ballots,  although  not  a  majority  of  the  votes  present, 
be  the  committee.     When  two  or  more  members  have 
an  equal  number  of  votes,  the  member  standing  first  on 
the  list  in  the  order  of  taking  down  the  ballots  shall  be 
preferred. 
Questions       XII.  A  member  may  be  called  to  order  by  any  other 
of  order.    jj^QD^ber,  as   well    as  by  the   president ;  and   may  be 
allowed  to  explain   his   conduct,  or  expressions,  sup- 
posed to  be  reprehensible ;  and  all  questions  of  order 
shall  be   decided  by  the  president,  without  appeal  or 
debate. 
Of  adjourn-     XIII.  Upon  a  question  to  adjourn,  for  the  day,  which 
ment.        j^g^y.  j^^  j^ade  at  any  time,  if  it  be  seconded,  the  ques- 
tion shall  be  put  without  debate. 
Respect  to     XIV.  When  the  house  shall  adjourn,  every  member 
d^nt^'^'''   shall  stand  in  his  place  until  the  president  pass  him. 
Additional       Tuesday,  May  29(h.     The  following  additional  rules 
rules.        ^ere  adopted,   to  be   added   to   the  foregoing,  as  the 

standard  rules  of  the  house. 
Absence  of      XV.  That  no  member  be  absent  from  the  house,  so 
members.   ^^  ^^  interrupt  the  representation  of  the  state,  without 
leave. 


THE   UNITED    STATES   OP   AMERICA.  939 

UNDER   THE    CONFEDERATION.  PaUT    IV. 


XVI.  That  committees  do  not  sit  whilst  the  house  The  Fed- 
shall  be,  or  ought  to  be,  sitting.  --J^.^o- 

XYII.  That  no  copy  be  taken  of  any  entry  on  the  PbUadel- 
journal  during  the   sitting  of  the  house,  without  the  ill\^^  17*87. 
leave  of  the  house.     That  members  only  be  permitted 
to  inspect  the  journal. 

XVIII.  That  nothing  spoken  in  the  house  be  printed,  Tublicity 
or  otherwise  published,  or  communicated,  without  leave.  ceedin'"-s. 

XIX.  That  a  motion  to  reconsider  a  matter  which 

had  been  determined  by  a  majority,  may  be  made,  with  Motions  to 
leave  unanimously  given,  on  the  same  day  in  which  the  reconsider. 
vote  passed  ;  but  otherwise,  not  without  one  day's  pre- 
vious notice  ;  in  which  last  case,  if  the  house  agree  to 
the  reconsideration,  some  future  day  shall  be  assigned 
for  that  purpose. 


The  adoption  of  these  rules  completed  the  organi- 
zation of  the  Convention,  and  the  house  proceeded  at 
once  to  action  on  the  matter  for  which  it  was  assem-  ^^:  ^f°" 

dolphs 

bled.     Resolutions  for  the  correction  and  amendment  Resoiu- 
of  the  Confederation  were  submitted  by  Mr.  Edmund^^^^lQ^, 
Randolph  of  Virginia,  embodying  the  plan  of  a  repub-  federation, 
lican  national  government.     Whereupon  it  was 

"Resolved,  That  the  house  will  to-morrow  resolve 
itself  into  a  committee  of  the  whole  house  to  consider 
of  the  state  of  the  American  Union :  And 

"  Ordered,  That  the  propositions  this  day  laid  before 
the  house,  for  their  consideration,  by  Mr.  Randolph,  be 
referred  to  said  committee." 

Mr.    Charles    Pinckneij,  one  of  the  deputies  from  Mr.  Pinck- 
South  Carolina,  then  laid  before  the  house,  for  their  jJJ^f'^  £^^_" 
consideration,  "The  draft  of  a  plan  for  a  federal  gov- erai  gov- 
ernment, to  be  agreed  upon  between  the  free  and  inde-^"^"^"^^^  * 
pendent  states  of  America;"  which  was  read  and  re- 
ferred to  the  same  committee,  when  the  convention 
adjourned  "till  to-morrow  morning  at  10  o'clock." 

Wednesday,  May  30,  1787.  The  Convention  met 
pursuant  to  adjournment,  and,  the  order  of  the  day 


940  THE   GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  pkrmaxent  union 

The  Fed-  being  read,  resolved  itself  into  a  committee  of  the 
vention°at  "^^^olo  liouso  to  Consider  of  the  state  of  the  American 
Phiiadei-  Union  ;  when  the  respective  propositions  above  referred 
14th  iTSY.  'to  became  the  subject  of  discussion. 


The  meeting  of  the  Federal  Convention  was  the  cul- 
mination of  a  perilous  era  in  our  political  annals,  and 
foreshadowed  the  last  grand  epoch  in  the  governmental 
histoxy  of  the  United  States  of  America.  The  peculiar 
condition  of  the  nation  had  impressed  upon  the  minds 
of  all  serious  and  reflecting  men  in  the  land,  the  neces- 
sity of  more  efficient  powers  in  the  general  government 
in  order  to  perfect  and  perpetuate  the  national  union. 
Import-  The  alternative  presented  was  neither  an  ordinary  or 
crisL!'  ^^'^  an  indifferent  one.  It  was  a  choice  between  political 
existence  and  political  death.  It  was,  whether  the 
nation  should  be  dismembered  by  a  dissolution  of  the 
union  in  anarchy  and  confusion,  its  national  character 
lost ;  or  whether  it  should  survive  as  one  sovereign, 
independent,  free  power  on  earth.  It  was  necessary 
not  only  to  the  preservation  of  the  people  of  America 
from  the  indignant  resentment  of  the  foe  they  had  just 
vanquished  and  compelled  to  concede  their  independ- 
ence; but  it  was  also  necessary  to  preserve  the  states, 
in  their  separate  political  associations,  from  the  strifes, 
animosities,  jealousies,  and  rivalries,  which  might  spring 
up  between  them,  that  the  national  union  should  be 
continued.  Where  or  how  could  they  promise  them- 
selves safety  or  continuance  as  independent,  separated, 
perchance  hostile,  sovereignties  ?  The  independence 
of  America  had  been  acknowledged  by  foreign  powers 
in  her  united  national  capacity,  and  under  a  pledge  on 
the  part  of  the  people  and  the  states,  to  each  other,  to 
foreign  nations,  and  to  mankind,  that  that  capacity  was 
a  thing  of  perpetual  duration.  Who  could  say,  if  they 
abandoned  or  lost  that  character,  that  their  independ- 
ence would  be  any  longer  recognized  or  respected  ? 
Or  that  the  parent  state  would  not  again  seek  to  extend 


THE   UNITED    STATES  OP  AMERICA.  941 

•  UNDER    THE    CONFEDERATION.  PaRT    IV. 

her  sovereignty  over  them  ?     Or  that  their  own  great  The  Fed- 
Ally,  whose   armies  and  whose  loans  had  aided  the  J^'jJ^^','";^^ 
achievement  of  their  independence,  might  not,  as  a  i'iiiiii<it'i- 
rescntful  creditor,  bring  them  into  a  subjection  more  K,  mi. 
servile  and  abject  than  their  former  dependence  upon 
the  crown  of   Great   Britain  ?     What  assurance   was 
there,  that  one"  might  not  fall  under  the  domination  of 
an  adjoining  province,  the  larger  and  more  powerful 
crush  the  smaller  and  the  feeble,  and  thus  the  elements 
of  strife,  dissension,  and  bloodshed,  be  perpetuated  in 
the  land  ? 

These  were  momentous  considerations.  They  in-import- 
volved  not  only  the  peace  and  prosperity  of  the  states,  ^^.^?  °^  *^® 
but  the  more  vital  interests,  the  freedom  and  happiness, 
of  the  whole  American  people.  The  question  was  full 
of  awful  and  th];illing  import :  Should  they  reap  for 
themselves,  and  transmit  to  their  posterity,  the  invalu- 
able benefits  of  a  revolution,  the  achievement  of  which 
had  filled  the  whole  civilized  world  with  amazement ; 
or  should  they  lose  them  all  by  an  unnatural  and  inglo- 
rious alienation,  hostility,  and  discord,  among  them- 
selves ? 

The  Convention  sat  with  closed  doors,  and  its  whole 
proceedings  were  done  in  secret.     The  injunction  of 
secrecy,  as  we  may  gather  from  the  rules,  was  sacred 
and  strong ;  so  strong,  writes  Luther  Martin,  a  dele- 
gate from  the  state  of  Maryland,  "that  the  members 
were  thereby  prevented  from  corresponding  with  gen- 
tlemen in  the  different  states  upon  the  subjects  under 
discussion.      So  extremely  solicitous  were  they   that 
their  proceedings  should  not  transpire,  that  the  mem- 
bers were  prohibited  even  from  taking  copies  of  reso- 
lutions on  which  the  convention  were  deliberating,  or^y^^^^g 
extracts  of  any  kind  from  the  journals,  without  form-  and  Lau- 
ally  moving  for,  and  obtaining  permission  by,  a  vote  of  ^jotls^. 
the  Convention  for  that  purpose."* 

Hence  it  occurs  that  we  have  very  scanty  materials 
forjudging  of  its  deliberations.     Enough  is  developed, 


942  THE   GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  permanent  union 

The  Fed-    liowever,  to  assure  us  that  the  members  of  the  conven- 
veutioiTat  *^^^^  ^^^^  *^^^  ^^^^  force  of  their  position  and  their  re- 
Phiiadel-    sponsibility.     That  they  were  strongly  impressed  with 
14th,  i'i87.  ^liG  necessity  and  importance  of  a  union  of  purpose, 
of  interest,  and  of  afiection,  between  the  people  and 
the  states  of  America.     Yet  they  had  to  contend  with 
no  ordinary  obstacles  in  the  way  of  securing  so  desira- 
ble a  result.     Theirs  was  indeed  no  ordinary  under- 
taking.    The  political  annals  of  mankind  contained  no 
record  of  a  similar  experience.      Right  before  them 
they  beheld   a   great   and   growing  people,  suddenly 
Complici-   thrown  into  a  position  of  independence,  of  pride,  and 
conven-     of  power,  among  the  nations  of  the  earth.     In  the 
tion.         vista  of  the  future  they  saw  a  still  greater  and  more 
extended  nation,  subdivided  into  still  increasing  and 
powerful  political  associations,  each  iij.  turn  coming  for- 
ward to  derive  its  position  and  relations  in  the.  Confed- 
eracy from  the  combined  elements  of  political  sover- 
eignty and  independence  centered  in  the  great  national 
body.     For  these  they  were  to  provide,  for  these  they 
were  to  legislate.     For  these  they  were  called  upon  to 
frame  the  fabric  of  a  supreme  national  government ;  one 
which  might  remove  the  perils  and  embarrassments  of  the 
,  present,  while  it  provided  for  the  wants  and  the  changes 

of  the  future.     In  the  allotment  and  distribution  of  its 
powers,  they  must  calculate  with  a  nice  exactness  their 
practical  import  and  operation.      They  must  foresee 
the  occasion  and  the  necessity  for  limitations  and  re- 
strictions.     They  must  be  careful  not  to  give  too  much, 
they  must  be  alike  cautious  lest  they  confer  too  little. 
The  principal  subject  which,  more  than  any  other, 
Sovereign-  embarrassed  the  action  of  the  convention,  was  that  to 
ty  iu  the    ^hidi  I  liavc  frequently  referred  as  the  great  defective 
element  in  the  compact  of  the  Confederation  ;  the  sov- 
ereignty of  the  states.     I  have  elsewhere  already  re- 
See  ante     Hiarkcd,  that  the   states,  as  such,  were  never  in  any 
pp.  636,     sense  sovereign,  although  in  a  certain  sense  they  may 
57i|  685!    have  been  independent  of  each  other,  aside  from  that 


TIIK   UNITED   STATES   OF   AMERICA.  943 

VTNDEU    TJIE    CONFKDERATION.  TaUT    IV. 

compact.     In  other  words,  whatever  of  sovereignty  they  The  Fod- 
now  enjoyed,  was  necessarily  derived  to  them  under  the  vention"at 
articles  of  confederation.     Hence,  soon  after  their  ratifi-  fiiiiidel- 

•         •       *  •  mi  pliia,  May 

cation,  there  arose  two  parties  in  America,  ihe  one  uth,  i787. 
regarded  the  Confederation  as  an  allinnce  between  the 
states  as  independent  republics  ;  the  other,  as  a  league 
of  union  between  the  people  of  America.  The  one 
called  it  a  federal  alliance,  the  other  a  national  com- 
pact. The  one  party  were  called  federalists,  the  other 
republicans.  But,  in  their  political  controversies,  nei- 
ther seemed  to  refer  to  the  Confederation  as  a  compact 
whose  chief  aim  was,  to  perpetuate  a  union  formed 
before  the  existence  of  any  distinct  state  organizations. 
Neither  seemed  to  take  note  of  the  fact,  that  there  was 
no  formal  adoption  of  a  state  constitution  by  any  one 
of  the  states,  until  after  the  proposition  for  a  compact 
of  perpetual  union,  contained  in  the  Confederation. 

Mr.  ^[adison,  indeed,  contended  in  the  present  con 
vention,  and  rightfully  too,  "that  the  states  never  pos-Mr.  Madi- 
sessed  the  essential  rights  of  sovereignty ;  that  these  ^?°  ^" 

^  °  o     J  7  state  sov- 

were  always  vested  in  Congress ;  that  their  voting  as  ereignty, 
states  in  Congress  was  no  evidence  of  their  sovereignty, 
any  more  than  in  the  state  of  Maryland,  voting  by  coun- 
ties made  the  counties  sovereign."  He  also  claimed, 
"  tliat  the  states  ought  to  be  placed  under  the  control 
of  the  general  government,  at  least  as  much  so  as  they 
formerly  were  under  the  king  of  Great  Britain  and  par- 
liament^'' Yet  Mr.  Madison  seemed  to  forget,  or  over- 
look the  fact,  that  the  compact  of  the  confederation  had 
itself  conferred  upon  the  states  a  sovereignty  not  other- 
Avise  belonging  to  them.  And  this  was  the  very  sover- 
eignty which  the  states  seemed  unwilling  to  relinquish. 
It  was  competent,  however,  to  a  convention  as  fully 
empowered  "to  revise,  alter  and  amend  "  that  compact, 
as  the  original  conventions  were  to  ratify  it,  to  revoke 
this  grant  of  sovereignty  to  the  states,  so  far  forth  as 
necessary,  and  restore  it,  at  least  with  their  assent,  to 
the  general  government. 


044  THE   GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  permanent  union 

The  Fed-  Mr.  James  Wilson  of  Pennsylvania,  said,  "  a  citizen 
vention^iit  ^^  America  ought  to  consider  in  what  character  he  acts 
Phiiadei-    in  forming  a  general  government.     I  am  both  a  citizen 

T)lii(X  M&v 

14th',  nsv.  of  Pennsylvania  and  of  the  United  States.     I   must 

therefore  lay  aside  my  state  connections  and  act  for  the 

State  sov-  o;eiieral  good  of  the  whole.     We  must  forget  our  local 

ereignty      a  o  c_. 

and  the  .habits  and  attachments.  The  general  government 
fovem-  should  not  depend  on  the  state  governments.  This 
ment,  ought  to  be  a  leading  distinction  between  the  one  and 
the  other.  Nor  ought  the  general  government  to  be 
„  ^..  composed  of  an  assemblage  of  different  states.  When 
son.  we  are  laying  the  foundation  of  a  building  which  is  to 

last  for  ages,  and  in  which  millions  are  interested,  it 
ought  to  be  well  laid.  If  the  national  government  does 
not  act  on  state  prejudices,  state  distinctions  will  be 
lost.  The  people  expect  relief  from  their  present  em- 
barrassed situation,  and  look  up  for  it  to  this  national 
convention  ;  and  it  follows  that  they  expect  a  national 
government.  But,  if  no  state  will  part  with  any  of  its 
sovereignty,  it  is  in  vain  to  talk  of  a  national  govern- 
ment." 
Mr.  C.  M)'.  Charles  Pinckney,  of  South  Carolina,  said,  "Our 

"ic  ney.  goygpi^nient  must  be  made  suitable  to  the  people,  and 
we  are  perhaps  the  only  people  in  the  world  who  ever 
had  sense  enough  to  appoint  delegates  to  establish  a 
general  government.     But  a  general  government  must 
not  be  made  dependent  on  the  states." 
Alexander      ■^''-  Alexander  Hamilton  of  New  York,  said,  "  I  have 
Hamilton,  -^ycll  considered  the  subject,  and  am  convinced  that  no 
amendment  of  the  Confederation  can  answer  the  pur- 
pose of  a  good  government,  so  long  as  state  sovereign- 
ties do,  in  any  shape,  exist.     I  can  say  for  the  state  I 
have  the  honor  to  represent,  that  when  our  credentials 
were  under  consideration  in  the  senate,  some  members 
were  for  inserting  a  restriction  in  the  powers,  to  pre- 
vent encroachment  on  the  constitution.     It  was  an- 
*  The  con-  swered  by  others,  and  therefore  the  resolve  carried  on 
vcntion.     the  Credentials,  that  it*  might  abridge  some  of  the  con- 


THE   UNITED   STATES   OP   AMERICA.  945 

UNDER    THE    CONFEDERATION.  PauT.  IV- 

stitutional  powers  of  the  state,  and  that  possibly  in  the  The  Fcd- 
forraatiou  of  a  new  union  it  would  be  found  necessary,  v^ntion^at 
This  appears   reasonable,  and  leaves  us  at  liberty  to  Piiiiadei- 
form  such  a  national   government  as  we  think  best  iiib' 1 787. 
adapted  for  the  good  of  the  whole.     We  must  estab- 
lish a  general  and  national  government,  completely  sov- 
ereign, and  anniliilate  the  state  distinctions  and  state 
operations ;    and  unless  we  do  this,  no  good  purpose 
can  be  answered." 

Mr.  Madison,  of  Yirginia,  said,  "  I  apprehend  the  Mr.  Madi- 
greatest  danger  is  from  the  encroachment  of  the  states  ^°"" 
on  the  national  government.  This  apprehension  is 
justly  founded  on  the  experience  of  ancient  Confed- 
eracies, and  our  own  is  a  proof  of  it.  If  it  were  the 
case  that  the  national  government  usurped  the  state 
government,  if  such  usurpation  was  for  the  good  of  the 
whole,  no  mischief  could  arise.  To  draw  the  line  be- 
tween the  two  is  a  difficult  task.  I  believe  it  cannot 
be  done,  and  therefore  I  am  inclined  for  a  general  gov- 
ernment. If  we  cannot  form  a  general  government, 
and  the  states  become  totally  independent  of  each  other, 
it  would  afford  a  melancholy  prospect." 

Rufus  King,  of  Massachusetts,  said,  "  none  of  the  Rufus 
states  are  now  sovereign  or  independent.  Many  of  °^' 
these  essential  rights  are  vested  in  congress.  Congress 
by  the  confederation,  possess  the  rights  of  the  United 
States.  This  is  a  union  of  the  men  of  those  states. 
None  of  the  states,  individually  or  collectively,  but  in 
congress,  have  the  rights  of  peace  or  war.  The  mag- 
istracy in  congress  possess  the  sovereignty.  To  certain 
points  we  are  now  a  united  people ;  consolidation  is 
already  established.''^ 

It  is  evident  from  these  sketches,  meagre  as  they  are, 
that  the  great  controversy  in  the  Convention,  originated 
upon  the  prerogatives  of  sovereignty  claimed  by  the 
states  under  the  compact  of  the  confederation,  in  opposi- 
tion to  the  powers  originally  inherent  in  congress  and 
necessary  to  the  general  government.  Out  of  this 
60 


946  THE   GOVERNMENTAL    HISTORY   OF 


Part  IV.  the  permanent  union 


The  Fed-    question   of    state    sovereignty   there    arose   another, 
eralCoii-    equally  intricate  and  embarrassing  to  the  action  of  the 

vention  at       i  •'  •  r. 

Phiiadei-    convention.     That  was,  the  equalization  of  the  states. 
14th'  ilit  For  it  was  contended,  if  the  states  are  to  retain  the 
sovereignty  with  which  they  claim  to  be  invested  under 
the  confederation,  then  let  their  territorial  limits  and 
their  constitutional  jurisdictions  be  equalized. 
Equaliza-        a  Qn  the  principle  that  each  state  in  the  union  is 
states,        sovereign,"  said  Judge  Brearly,  of  New  Jersey,  "  con- 
gress, in  the  articles  of  confederation,  determined  that 
Judge        each  state  in  the  public  councils  had  one  vote.     If  the 
Brearly.     ^j^ates  still  remain  sovereign,  to  apportion  the  right  of 
suffrage  in  the  national  legislature,  (as  proposed,)  to 
the  quotas  of  contribution,  or  to  the  number  of  inhab- 
itants, is  founded  on  principles  of  injustice.     If  we  must 
have  a  national  government  what  is  the  remedy  ?     Lay 
the  map  of  the  confederation  on  the  table,  and  extin- 
guish the  present  boundary  lines  of  the  respective  state 
jurisdictions,  and  make  a  new  division  so  that  each  state 
is  equal;  then  a  government  on  the  present  system  will 
be  just.'* 
Mr.Patter-      Mr.  Patterson,  of  New  Jersey,  said,  "  every  sover- 
eign state,  according  to  the  confederation,  must  have 
an  equal  vote,  or  there  is  an  end  to  liberty.     As  long, 
therefore,  as  state  distinctions  are  held  up,  this  rule 
must  invariably  apply.     And  if  a  consolidated  national 
government  must  take  place,  then  state  distinctions 
must  cease,  or  the  states  must  be  equalized." 
Mr.  wa-        Mr.  Wilson,  of  Pennsylvania,  said,  "  If  there  was  a 
^°"'  probabihty  of  equalizing  the  states,  he  would  be  for  it." 

Rufus  Mr.    Eufus  King",   of    Massachusetts,   "thought   it 

^'°^"        would  be  better  first  to  establish  the  principle,  whether 
we  will  depart  from  federal  grounds  in  forming  a  na- 
tional government." 
Mr.  Lan-        Mr.  Lansing,  of  New  York,  said,  "  if  we  devise  a 
°"^^'  system  of  government  which  will  not  meet  the  appro- 

bation of  our  constituents,  we  are  dissolving  the  union. 
The  excellence  of  the  British  model  of  government  has 


THE   UNITED   STATES  OF  AMERICA.  947 

UNDER    THE    CONFEDKUATION.  PaRT    iV. 

been  much  insisted  on,  but  we  are  endeavoring  to  com- The  Fed- 
plicate  it  with  state  governments,  on  principles  which  vention"at 
will  gradually  destroy  the  one  or  the  other."  Phiiadei- 

"  Foreign  states,"  Mr.  Sherman,  of  Connecticut,  sug- 14"^,  17*87. 
gested,  "  have  made  treaties  with  us  as  confederated 
states,  not  as  a  national  government.     Suppose  we  put  Mr.  Sher- 
an  end  to  that  government  under  which  those  treaties 
were  made,  will  not  those  treaties  be  void  ?  " 


,  man. 


It  was  evident — and  the  opinion  of  the  Convention 
was — that  the  compact  of  the  confederation  could  not 
be  so  amended  as  to  render  it  a  competent  national  Abolition 
constitution.      Ihe   necessity   01    its   entire   abolition  federation 
was   conceded   by   all.     This    necessity    gave   rise   to  "^^^^^^^''y* 
various  suggestions,  which,  with  the  propositions  sub- 
mitted, evoked    the   discussions    from  which   I  have 
made  the  foregoing  extracts.      Partial  confederacies, 
composed  of  a  less  number  of  states  ;  a  northern,  and 
a  southern  confederacy,  were  talked  of.     But  neither 
of  these  propositions  was  seriously  entertained,  as  each 
involved  a  dissolution  of  the  general  union,  which  was 
regarded  on  all  sides  as  a  calamity  too  fearful  to  con- 
template. 

The  aspect  of  affairs,  in  the  Convention  as  well  as  out 
of  it,  at  this  time,  is  well  set  forth  in  a  letter  written 
by  Mr.  Edmund  Randolph,  one  of  the  members  from 
Virginia,  to  the  speaker  of  the  general  assembly  of  that 
state,  in  which  he  says,  "the  Confederation  was  totter- Letter  of 
ing  from  its  own  weakness  and  the  sitting  of  the  Con-^^Jj'  ^*"* 
volition  is  a  signal  proof  of  its  total  insufficiency.  In 
my  humble  judgment,  the  powers  by  which  alone  the 
blessings  of  a  general  government  can  be  accomplished, 
cannot  be  interwoven  in  the  confederation  without  a 
change  in  its  very  essence.  Or,  in  other  words,  the 
confederation  must  be  thrown  aside.  But  to  whom  shall 
we  commit  these  acts  of  authority,  these  additional 
powers  ?  The  new  powers  must  be  deposited  in  a  new 
body,  growing  out  of  a  consolidation  of  the  union  as  far 


948  THE   GOVERNMENTAL    HISTORY   OF 

Part  IV.  the  permanent  union 

The  Fed-    as  the  circumstaiices  of  the  states  will  allow.     Among 
vention'at  *^^^  upright  and  intelligent,  few  can  read  without  emo- 
Phiiadei-    tiou  the  futurc  fate  of  the  states  if  severed  from  each 
I4th,i787.  other.     Then  shall  we  learn  the  full  weight  of  foreign 
intrigue.     Then  shall  we  hear  of   partitions  of   our 
Abolition   Country.     If  a  prince,  influenced  by  the  lust  of  con- 
^^^*'|.^^^°"' quest,  should  use  one  state  as  the  instrument  of  en- 
necessary,  slaving  others ;  if  every  state  is  to  be  wearied  by  per- 
petual alarms,  and  compelled  to  maintain  large  military 
establishments ;  if  all  questions  are  to  be  decided  by  an 
appeal  to  arms,  where  a  difference  of  opinion  cannot 
be  removed  by  negotiation ;  in  a  word,  if  all  the  dire- 
Letter  of    ful  misfortunes  which  haunt  the  peace  of  rival  nations 
doipb.   ^^'  ^^'^  ^^  triumph  over  the  land ;  for  what  have  we  con- 
tended ?     JVIii/  have  we  exhausted  our  wealth  ?      Whi/ 
have  we  basely  betrayed  the  heroic  martyrs  of  the  fed- 
eral cause  ? 

"  Let  it  not  be  forgotten,  that  nations  which  can  en- 
force their  rights  have  large  claims  against  the  United 
States,  and  that  the  creditor  may  insist  on  payment 
from  any  of  them.  "Which  of  them  would  probably  bo 
the  victim  ?  The  most  productive,  and  the  most  ex- 
posed. When  vexed  with  reprisals  or  war,  the  southern 
states  will  sue  for  allegiance  on  this  continent,  or  be- 
yond the  sea.  If  for  the  former,  the  necessity  of  an 
union  of  the  whole  is  decided ;  if  for  the  latter, 
America  will,  I  fear,  react  the  scenes  of  confusion  and 
bloodshed  exhibited  among  most  of  those  nations  which 
have  too  late  repented  the  folly  of  relying  upon  aux- 
iliaries." 
Character  There  never  was  a  more  capable,  upright,  and  august 
ventix)n.^"'  ^^^Y  ^^  T^^^h  brought  together  for  political  purposes,  in 
any  age,  or  in  any  country,  than  those  who  composed 
this  Federal  Convention.  The  people  of  each  state  in 
the  union  had  selected  their  ablest  and  most  distin- 
guished statesmen  as  delegates  to  it,  and  at  the  head 
of  them  all  was  General  George  Washington,  in  every 
sense   the   presiding  genius  of  the  convention.     Each 


THE   UNITED    STATES   OF   AMERICA.  949 

UNDER   THE    CONFEDERATION.  PaRT    IV, 

member  seemed  conscious  of  an  accountability  which  The  Feder- 
madc  him  individually  answerable  for  the    combined  ^i^^^""^^"^" 
action  of  the  whole  body.     Every  proposition  that  was  riiiiadel- 
submittcd  was  devised  with  care,  offered  with  diffidence,  utl'  1737. 
and   urged    with   seriousness,   solemnity,  and  candor. 
Every  point  was  well  considered,  and  every  argument 
was  uttered  with  gravity  and  sincerity ;  every  expres- 
sion even  seemed  measured,   discriminative,  and  con- 
servative.    TJiere  was  no  carping  criticism,  no  captious 
declamation,  no  malicious  invective,  no  personal  vitu- 
peration, no  envious   raillery.     But,  notwithstanding, 
all  their  deliberations  were  at  fault.     The  wisest  were  The  Con- 
bewildered,  the  most  hopeful  were  dismayed;  each  sat  ^^^^^j*'"'^  **' 
and  looked  at  the  other  with  an  earnest  anxiety  almost 
bordering  on  despair,  depicted  upon  the  countenance, 
while  discussion  was  ominously  at  rest.     At  this  criti- 
cal conjuncture  Dr.  ^^ranklin   rose  in  his  place.     He  Motion  of 
was  known  to  speak  with  wisdom,  and  without  preju-Jj'j^"  ^^^1^"^* 
dice.     Immediately  all  eyes  were  turned  towards  him,  daily 
and  none  more  imploringly  than  the  president  of  the  ^^^^'^^' 
convention.     Dr.   Franklin  himself  paused   with  emo- 
tion.    Presently  he  broke  the  stillness  which  prevailed. 
He  commenced  by  reading  a  paper  setting  forth  the 
Sifiiculties  and  importance  of  the  matter  before  them. 
"Neither  ancient  or  modern  history,"  he  said,  "can 
give  us  light.     As   a   sparrow   does   not   fall   without 
Divine  permission,  can  we  suppose  that  gov ernmoits  can»ggg 
be  erected   without   His  will  ?     "We  shall,  I  am  afraid,  Yates  and 
be  disgraced  through  little  party  views — I  move  that  wenotea?^^ 
have  prayers  every  morning J*^* 

The  motion  sent  a  thrill  through  every  frame,  it 
touched  every  heart,  and  was  responded  to  by  tho 
gleaming  countenances,  quickened  pulsations,  and 
hopeful  aije  of  every  member  present ;  heavily  im- 
pressed with  a  deep  sense  of  their  responsibility,  the 
Convention  adjourned  ;  thereafter  daily  recognizing  its 
necessity,  and  invoking  the  Divine  illumination  on  their 
deliberations. 


950  THE   GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  permanent  union 

The  Feder-     After  many  week&  further  consideration,  the  conven- 
tion  at^'^^  *^°"  came  to  the  conclusion  that  the  existing  compact 
Philadei-    of  the  Confederation  mnst  be  entirely  abandoned.     Two 
uth  1787.  plans   for  the   establishment  of  a  general  government 
were  now  before  it  for  its  consideration.     One  on  the 
federal  basis  proposed  by  New -Jersey,  the  other  on  the 
republicau  basis  ;  the  plan  proposed  by  Mr.  E.  Ran- 
dolph of  Virginia.     I  should  be  glad  to  incorporate  the 
whole  discussion  into   this  work,  but  can  only  say  in 
brief,  that  the  conclusion  was,  that  it  was  necessary  to 
depart  measurably  from  federal  grounds   in   forming  a 
national  government,  and  to  a  certain  extent,  to  put 
^f'fh^T^   ^^^'''y  state  governments  in  order  to  remove  all  cause 
federation  of  jealousics ;  that  the  national  union  must  be  estab- 
0^011™^""  lished  on  the  basis  of  a  republican  government,  with 
supreme  power  over  all ;  that  no  state  should  have  it 
in  its  power  to  change  its  governjjient  into  a  monarchy  ; 
that  a  permanent,  powerful,  and  effective  mode  of  gen- 
eral administration  was  necessary,  and  ought  to  be  es- 
tablished ;  and  that  this,  in  the  language  of  Mr.  Ran- 
dolph, "  was  the  only  moment  that  it  could  be  done." 
Tlieir  re-        On   the   seventeenth  day  of  September,  the  draft  of 
congress,    the  present  Constitution  was  adopted  by  the  convention, 
Sept.  17th,  g^jjjj  reported  to  Congress,  with  resolutions  and  a  letter 
accompanying  it,  as  follows : 

The  Constitution. 
Preamble.  We,  THE  PEOPLE  OF  THE  UNITED  STATES,  in  order  to  form 
a  more  perfect  union,  establish  justice,  ensure  domestic 
tranquillity,  provide  for  the  common  defence,  promote 
the  general  welfare,  and  secure  the  blessings  of  liberty 
to  ourselves  and  our  posterity,  do  ordain  and  establish 
this  Constitution  for  the  United  States  of  America. 

ARTICLE   I. 

Section  I. 
Legisia-         1.  All  legislative  powers  herein  granted,  shall  be 

tive  pow-   ygg^Q(j  \^^  a  Confess"  of  the  United  States,  which  shall 
ers.  ° 

consist  of  a  Senate  and  House  of  Representatives. 


THE   UNITED   STATES  OF   AMERICA.  951 

UNDKR    THE    CONFEDERATION.  PaUT    IV. 

o  -IT  The  Con- 

Section  II.  .titution 

1.  The  House  of  Representatives  shall  be  composed  by'th'e  rld- 
of  members  chosen  every  second  year,  by  the  people  of  ^-rai  Con- 
the  several  states  ;  and  the  electors  in  each  state  shall  congres.s, 
have  the  qualifications  requisite  for  electors  of  the  most^^'j^'-  ^'^^^' 
numerous  branch  of  the  state  legislature. 

2.  No  person  shall  be  a  representative  who  shall  not 
have  attained  to  the  age  of  twenty-five  years,  and  been 
seven  years  a  citizen  of  the  United  States,  and  who 
shall  not,  when  elected,  be  an  inhabitant  of  that  state 
in  which  he  shall  be  chosen. 

3.  Representativ^es  and  direct  taxes  shaU  be  appor-  The  house 
tioned  among  the  several  states  which  may  be  included  sentatTves. 
within  this  union,  according  to  their  respective  num- 
bers, which  shall  be  determined  by  adding  to  the  whole 
number  of  free  persons,  including  those  bound  to  ser- 
vice for  a  term  of  years,  and  excluding  Indians  not 
taxed,  three-fifths  of  all  other  persons.  The  actual 
enumeration  shall  be  made  within  three  years  after  the 

first  meeting  of  the  Congress  of  the  United  States,  and 
within  every  subsequent  term  of  ten  years,  in  such 
manner  as  they  shall  by  law  direct.  The  number  of 
representatives  shall  not  exceed  one  for  every  thirty 
thousand,  but  each  state  shall  have  at  least  one  repre- 
sentative ;  and  until  such  enumeration  shall  be  made, 
the  state  of  New-Hampshire  shall  be  entitled  to  choose 
three ;  Massachusetts  eight ;  Rhode  Island  and  Provi- 
dence Plantations  one  ;  Connecticut  five  ;  New- York 
six ;  New-Jersey  four ;  Pennsylvania  eight ;  Delaware 
one  ;  Maryland  six  ;  Virginia  ten  ;  North  Carolina  five  ; 
South  Carolina  five ;  and  Georgia  three. 

4.  When  vacancies  happen  in  the  representation  vacancies, 
from  any  state,  the  executive  authority  thereof  shall  ^^^  ^^^' 
issue  writs  of  election  to  fill  such  vacancies. 

5.  The  House  of  Representatives  shall  choose  their 
speaker  and  other  officers,  and  shall  have  the  sole 
power  of  impeachment. 


952  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  tiik  permanent  union 

The  Con- 

stitution  Section  III. 

reported 

by  the  Fed-     1.  The  Senate  of  the  United  States  shall  be  com- 
vention^to  posed  of  two  senators  from  each  state,  chosen  by  the 

congress,    Icffislature  thereof,  for  six  years ;    and  each  senator 
Sept.  17th,  ,^,,  ,  ,  ' 

i^s^.         shall  have  one  vote. 

2.  Immediately  after  they  shall  be  assembled  in  con- 
sequence of  the  first  election,  they  shall  be  divided,  as 
equally  as  may  be,  into  three  classes.  The  seats  of  the 
senators  of  the  first  class  shall  be  vacated  at  the  expi- 
ration of  the  second  year,  of  the  second  class  at  the 
expiration  of  the  fourth  year,  and  of  the  third  class  at 
the  expiration  of  the  sixth  year,  so  that  one-third  may 

Thesenate.be  chosen  every  second  year;  and  if  vacancies  happen 
by  resignation  or  otherwise,  during  the  recess  of  the 
legislature  of  any  state,  the  executive  thereof  may 
make  temporary  appointments  until  the  next  meeting 
of  the  legislature,  which  shall  then  fill  such  vacancies. 

3.  No  person  shall  be  a  senator  who  shall  not  have 
attained  to  the  age  of  thirty  years,  and  been  nine  years 
a  citizen  of  the  United  States,  and  who  shall  not,  when 
elected,  be  an  inhabitant  of  that  state  for  which  he  shall 
be  chosen. 

4.  The  Vice-president  of  the  United  States  shall  be 
president  of  the  Senate,  but  shall  have  no  vote,  unless 
they  be  equally  divided. 

5.  The  Senate  shall  choose  their  other  officers  and 
also  a  president  pro  tempore,  in  the  absence  of  the  Vice- 
president,  or  when  he  shall  exercise  the  office  of  Pres- 
ident of  the  United  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all 
impeachments.  When  sitting  for  that  purpose,  they 
shall  be  on  oath  or  affirmation.  When  the  President 
of  the  United  States  is  tried,  the  chief  justice  shall  pre- 
side ;  and  no  person  shall  be  convicted  without  the  con- 
currence of  two-thirds  of  the  members  present. 

7.  Judgment  in  cases  of  impeachment  shall  not  ex- 
tend further  than  to  removal  from  office,  and  disquali- 


THE  UNITED   STATES   OP  AMERICA.  953 

'•^ _^ _^_ 

UNDER   THE   CONFEDERATION.  PaRT    IV. 

ficatiou  to  hold  and  enjoy  any  office  of  honor,  trust,  or  The  Con- 
profit,  under  the  United  States  ;  but  the  party  convicted  replJrted 
shall  nevertheless  be  liable  and  subject  to  indictment,  l>.v  tiio  Fed- 
trial,  judgment,  and  punishment,  according  to  law.       veution  to 

congress, 

Section  IV.  lilV'''^' 

1.  The  times,  places,  and  manner  of  holding  elections  Election 
for  senators  and  representatives  shall  be  prescribed  in  and'^repre'^ 
each  state  by  the  legislature  thereof;  but  the  Congress sentatives. 
may,  at  any  time,  by  law,  make  or  alter  such  regula- 
tions, except  as  to  the  places  of  choosing  senators. 

2.  The  Congress  shall  assemble  at  least  once  in 
every  year,  and  such  meeting  shall  be  on  the  first  Mon- 
day in  December,  unless  they  shall  by  law  appoint  a 
different  day. 

Section  V. 

1.  Each  house  shall  be  the  judge  of  the  elections,  Member- 
returns,  and  qualifications  of  its  own  members  ;  and  a  regulations 
majority  of  each  shall  constitute  a  quorum  to  do  busi-  i^  ^^^ch 
ncss ;  but  a  smaller  number  may  adjourn  from  day  to 

day,  and  may  be  authorized  to  compel  the  attendance 
of  absent  members,  in  such  manner  and  under  such 
penalties,  as  each  house  may  provide. 

2.  Each  house  may  determine  the  rules  of  its  pro- 
ceedings, punish  its  members  for  disorderly  behavior, 
and,  with  the  concurrence  of  two-thirds,  expel  a  mem- 
ber. 

3.  Each  house  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  excepting 
such  parts  as  may  in  their  judgment  require  secrecy  ; 
and  the  yeas  and  nays  of  the  members  of  either  house 
on  any  question,  shall,  at  the  desire  of  one-fifth  of  those 
present,  be  entered  on  the  journal. 

4.  Neither  house,  during  the  session  of  Congress, 
shall,  without  the  consent  of  the  other,  adjourn  for 
more  than  three  days,  nor  to  any  other  place  than  that 
in  which  the  two  houses  shall  be  sitting. 


954  THE  GOVERNMENTAL    HISTORY  OP 

Part  IV.  the  pkrmanent  union 

sthution"  Section  VI. 

rcDortcd 

by  the  Fed-  1.  The  senators  and  representatives  shall  receive  a 
vention°to  Compensation  for  their  services,  to  be  ascertained  by- 
congress,  law,  and  paid  out  of  the  treasury  of  the  United  States, 
i^st.  '  They  shall,  in  all  cases,  except  treason,  felony,  and 
Compensa-  breach  of  the  peace,  be  privileged  from  arrest  during 
tion  of      their  attendance   at  the   session   of  their   respective 

senators  '■ 

and  repre-  houscs,  and  in  going  to  or  returning  from  the  same ; 

eentatives.  ^^^^  ^^^  ^^^^  speech  or  debate  in  either  house,  they 
shall  not  be  questioned  in  any  other  place. 

Disability.  2.  No  senator  or  representative  shall,  during  the 
time  for  which  he  was  elected,  be  appointed  to  any 
civil  office  under  the  authority  of  the  United  States, 
which  shall  have  been  created,  or  the  emoluments 
whereof  shall  have  been  increased,  during  such  time ; 
and  no  person  holding  any  office  under  the  United 
States,  shall  be  a  member  of  either  house  during  his 
continuance  in  office. 

Section  VII. 

The  legis-       1-  -^U  biHs  for  raising  revenue  shall  originate  in  the 
lative  rou-  House  of  Representatives ;    but  the  Senate  may  pro- 
pose or  concur  with  amendments,  as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  the  House  of 
Representatives  and  the  Senate,  shall,  before  it  become 
a  law,  be  presented  to  the  President  of  the  United 
States ;  if  he  approve,  he  shall  sign  it ;  but  if  not,  he 
shall  return  it,  with  his  objections,  to  that  house  in 
which  it  shall  have  originated,  who  shall  enter  the  ob- 
jections at  large  on  their  journal,  and  proceed  to  re- 
consider it.  If,  after  such  reconsideration,  two-thirds 
of  that  house  shall  agree  to  pass  the  bill,  it  shall  be 
sent,  together  with  the  objections,  to  the  other  house, 
by  which  it  shall  likewise  be  re-considered,  and  if  ap- 
proved by  two-thirds  of  that  house,  it  shall  become  a 
law.  But  in  all  cases,  the  votes  of  both  houses  shall 
be  determined  by  yeas  and  nays;  and  the  names  of  the 


THE  UNITED   STATES  OP  AMERICA.  955 

UNDKR    THE    CONFEDERATION.  PaRT    IV. 

, _ . 1 

persons  voting  for  and  against  the  bill,  shall  be  entered  The  Con- 
on  the  journal  of  each  house  respectively.     If  any  bill  reported 
shall  not  be  returned  by  the  President  within  ten  days  by  the  Fed- 
(Sundays  excepted)  after  it  shall  have  been  presented  vention  to 

to  him,  the  same  shall  be  a  law  in  like  manner  as  if  he  ^.^"o''':!^ 
'  Sept.  nth, 

had  signed  it,  unless  the  congress,  by  their  adjourn- 1787. 

mcnt,  prevent  its  return ;  in  which  case  it  shall  not  be 
a  law. 

3.  Every  order,  resolution,  or  vote,  to  which  the 
concurrence  of  the  Senate  and  House  of  Representa- 
tives may  be  necessary,  (except  on  a  question  of  ad- 
journment,) shall  be  presented  to  the  President  of  the 
United  States ;  and  before  the  same  shall  take  effect, 
shall  be  approved  by  him,  or,  being  disapproved  by 
him,  shall  be  repassed  by  two-thirds  of  the  Senate  and 
House  of  Representatives,  according  to  the  rules  and 
limitations  prescribed  in  the  case  of  a  bill. 

Section  VHI. 
The  Congress  shall  have  power : 

1.  To  lay  and   collect  taxes,  duties,  imposts,  and  General 
excises  ;  to  pay  the  debts,  and  provide  for  the  common  the  con- 
dcfcnce  and  general  welfare  of  the  United  States  ;  but  S^^^^- 
all    duties,   imposts,   and   excises,   shall    be    uniform 
throughout  the  United  States  ; 

2.  To  borrow  money  on  the  credit  of  the  United 
States : 

3.  To  regulate  commerce  with  foreign  nations,  and 
among  the  several  states,  and  with  the  Indian  tribes  : 

4.  To  establish  an  uniform  rule  of  naturalization,  • 
and   uniform   laws   on   the   subject   of   bankruptcies, 
tlu'oughout  the  United  States  : 

5.  To  coin  money,  regulate  the  value  thereof,  and 
of  foreign  coin,  and  fix  the  standard  of  weights  and 
measures : 

.G.  To  provide  for  the  punishment  of  counterfeiting 
the  securities  and  current  coin  of  the  United  States ; 
7.  To  establish  post-offices  and  post-roads : 


956  THE   GOVERNMENTAL  HISTORY  OP 

Part  IV.  the  permanent  union 

The  Con-  8.  To  promote  the  progress  of  science  and  useful 
repo?te4  ^^'*^'  ^^  Securing,  for  limited  times,  to  authors  and 
by  the  Fed- inventors,  the  exclusive  right  to  their  respective  wri- 

eral  Con-     . .  ,    ,. 

Tention  to  tmgs  and  discoveries : 

congress        9_  To  Constitute  tribunals  inferior  to  the  supreme 
I7s7.       '  court :  To  define  and  punish  piracies  and  felonies  com- 
mitted on  the  high  seas,  and  offences  against  the  law 
of  nations : 

10.  To  declare  war,  grant  letters  of  marque  and  re- 
prisal, and  make  rules  concerning  captures  on  land  and 
water :  . 

11.  To  raise  and  support  armies ;  but  no  appropria- 
tion of  money  to  that  use  shall  be  for  a  longer  term 
than  two  years : 

12.  To  provide  and  maintain  a  navy : 

13.  To  make  rules  for  the  government  and  regula- 
tion of  tlie  land  and  naval  forces: 

14.  To  provide  for  calling  forth  the  militia  to  exe- 
cute the  laws  of  the  union,  suppress  insurrections,  and 
repel  invasions  : 

15.  To  provide  for  organizing,  arming,  and  disci- 
plining the  militia,  and  for  governing  such  part  of  them 
as  may  be  employed  in  the  service  of  the  United  States, 
reserving  to  the  states  respectively,  the  appointment 
of  the  officers,  and  the  authority  of  training  the 
militia,  according  to  the  discipline  prescribed  by  con- 
gress : 

16.  To  exercise  exclusive  legislation,  in  all  cases 
whatsoever,  over  such  district  (not  exceeding  ten  miles 

*  square)  as  may,  by  cession  of  particular  states,  and  the 

acceptance  of  congress,  become  the  seat  of  govern- 
ment of  the  United  States,  and  to  exercise  like  author- 
ity over  all  places  purchased  by  the  consent  of  the  leg- 
islature of  the  state  in  which  the  same  shall  be,  for 
the  erection  of  forts,  magazines,  arsenals,  dock-yards, 
and  other  needful  buildings ;  and, 

17.  To  make  all  laws  which  shall  be  necessary  and 
proper  for  carrying  into  execution  the  foregoing  powers. 


THE  UNITED   STATES   OP   AMERICA.  957 


UNDER   THE    CONKEDERATION.  PaRT    IV. 

and  all  other  powers  vested  by  this  Constitution  in  the  The  Con- 
government  of  the  United  States,  or  in  any  department  i-epo/tod 

or  officer  thereof.  by  the  Fed- 

eral Con- 
vention to 

Section  IX.  ^"^;^^ 

1*787 

1.  The  migration  or  importation  of  such  persons  as 

any  of  the  states  now  existing  shall  think  proper  toimporta- 
admit,  shall  not  be  prohibited  by  the  congress  prior  to  ce",!Jain 
the  year  one  thousand  eight  hundred  and  eight ;  but  a  peisons. 
tax  or  duty  may  be  imposed  on  such  importation,  not 
exceeding  ten  dollars  for  each  person. 

2.  The  privilege  of  the  writ  of  habeas  corpus  shall  Habeas 
iiot  be  suspended,  unless  when,  in  cases  of  rebellion  or  "'"P'^^' 
invasion,  the  public  safety  may  require  it. 

3.  No  bill  of  attainder,  or  ex  post  facto  law,  shall  be  Attainder, 
passed. 

4.  No  capitation,  or  other  direct  tax,  shall  be  laid,  Taxes. 
unless  in  proportion   to  the    census    or   enumeration 
herein  before  directed  to  be  taken. 

5.  No  tax  or  duty  shall  be  laid  on  articles  exported  State  priy- 
from  any  state.     No  preference  shall  be  given,  by  any'  °  "' 
regulation  of  commerce  or  revenue,  to  the  ports  of  one 

state  over  those  of  another ;  nor  shall  vessels  bound  to 
or  from  one  state  be  obliged  to  enter,  clear,  or  pay 
duties  in  another. 

6.  No  money  shall  be  drawn  from  the  treasury,  but  Draft  of 
in  consequence  of  appropriations  made  by  law  ;  and  a  fvom^ihe 
regular  statement  and  account  of  the  receipts  and  ex- treasury, 
penditures  of  all  public  money  shall  be  published  from 

time  to  time. 

7.  No  title  of  nobility  shall  be  granted  by  the  United  Titles  of 
States,  and  no  person  holding  any  office  of  profit  or "°  ''^* 
trust  under  them,  shall,  without  the  consent  of  the 
congress,  accept  of  any  present,  emolument,  office,  or 

title,  of  any  kind  whatever,  from  any  king,  prince,  or 
foreign  state. 


958  THE  G0VER5fMENTAL    HISTORY  OP 

Part  IV.  the  permanent  union 

The  Con-  SECTION  X. 

stitution 

reported  1.  No  state  shall  enter  into  any  treaty,  alliance,  or 
erai  Con- '  confederation  ;  grant  letters  of  marque  and  reprisal; 
vention  to  (join  monev  ;  emit  bills  of  credit ;  make  any  thiner  but 

congress,  ,  i  t      .,  .  i        .  n    t-, 

Sept.  11th,  gold  and  silver  coin  a  tender  m  payment  of  debts ; 

^'^^'^'  pass  any  bill  of  attainder,  ex  post  facto  law,  or  law  im- 
pairing the  obligation  of  contracts ;  or  grant  any  title 
of  nobility. 

State  re-        2.  No  state  shall,  without  the  consent  of  the  Con- 

etrictions.  g^ess,  lay  any  imposts  or  duties  on  imports  or  exports, 
except  what  may  be  absolutely  necessary  for  executing 
its  inspection  laws  ;  and  the  nett  produce  of  all  duties 
and  imposts,  laid  by  any  state  on  imports  or  exports, 
shall  be  for  the  use  of  the  treasury  of  the  United 
States,  and  all  such  laws  shall  be  subject  to  the  revis- 
ion and  control  of  the  congress.  No  state  shall,  with- 
out the  consent  of  congress,  lay  any  duty  of  tonnage, 
keep  troops  or  ships  of  war  in  time  of  peace,  enter  into 
any  agreement  or  compact  with  another  state,  or  with 
a  foreign  power,  or  engage  in  war,  unless  actually  in- 
vaded, or  in  such  imminent  danger  as  will  not  admit 
of  delay. 

ARTICLE  II. 

Section  I. 

The  execu-     1.  The  executive  power  shall  be  vested  in  a  Presi- 
tive  power.  ^^^^  ^^  ^j^^  United  States  of  America.     He  shall  hold 
his  office  during  the  term  of  four  years,  and,  together 
with  the  Vice-President,  chosen  for  the  same  term,  be 
elected  as  follows : 
President       2.  Each  state  shall  appoint,  in  such  manner  as  the 
President  legislature  thereof  may  direct,  a  number  of  electors 
how  cho-    equal  to  the  whole  number  of  senators  and  represent- 
atives to  which  the  state  may  be  entitled  in  the  Con- 
gress ;  but  no  senator  or  representative,  or  person  liold- 
ing  an  office  of  trust  or  profit  under  the  United  States, 
shall  be  appointed  an  elector. 


THE  FNITED   STATES   OF  AMERICA.  959 

UNDER    THE    CONFEDERATION.  PaUT    IV. 

3.  The  electors  shall  meet  in  their  respective  states,  The  Con- 
and  vote  by  ballot   for  two  persons,  of  whom  one  at  ^^^'•"t"'^ 
least  shall  not  be  an  inhabitant  of  the  same  state  with  by  the  Fed- 
themsclves.     And  they  shall  make  a  list  of  all  the  per-  vcntionTo 
sons  voted  for,  and  of  the  number  of  votes  for  each ;  congress, 
which  list  they  shall  sign  and  certify,  and  transmit,  sealed,  nst.       * 
to  the  seat  of  the  government  of  the  United  States, 
directed  to  the  president  of  the  senate.     The  president 

of  the  senate  shall,  in  the  presence  of  the  senate  and 
house  of  representatives,  open  all  the  certificates,  and 
the  votes  shall  then  be  counted.     The  person  having  Election  of 
the  greatest  number  of  votes  shall  be  the  president,  if  Tresident 

°  '■  '        and  Vice- 

such  number  be  a  majority  of  the  whole  number  of  President. 

electors  appointed ;  and  if  there  be  more  than  one  who 
have  such  majority,  and  have  an  equal  number  of 
votes,  then  the  house  of  representatives  shall  immedi- 
ately choose  by  ballot  one  of  them  for  president ;  and 
if  no  person  have  a  majority,  then,  from  the  five  high- 
est on  the  list,  the  said  house  shall  in  like  manner 
choose  the  president.  But  in  choosing  the  President, 
the  votes  shall  be  taken  by  states,  the  representation 
from  each  state  having  one  vote ;  a  quorum  for  this 
purpose  shall  consist  of  a  member  or  members  from 
two-thirds  of  the  states,  and  a  majority  of  all  the  states 
shall  be  necessary  to  a  choice.  In  every  case,  after  the 
choice  of  the  president,  the  person  having  the  greatest 
number  of  votes  of  the  electors  shall  be  the  vicc-presi-*ggg 
dent.  But  if  there  should  remain  two  or  more  who  amend- 
have  equal  votes,  the  senate  shall  choose  from  them  by  xiv.,  post! 
ballot  the  vice-president.* 

4.  The  Congress  may  determine  the  time  of  choosing  j^^j^j 
the  electors,  and  the  day  on  which  they  shall  give  their 
votes,  wliich  day  shall  be   the  same  throughout  the 
United  States. 

5.  No  person  except  a  natural-born  citizen  of  the 
United  States,  at  the  time  of  the  adoption  of  this  Con- 
stitution, shall  be  eligible  to  the  office  of  president ; 
neither  shall  any  person  be  eligible  to  that  office  who 


960  THE  GOVERNMENTAL    HISTORY  OF 

Part  IV.  the  permanent  union 

The  Con-    sliall  not  have  attained  to  the  age  of  thirty-five  years, 
reported    ^^^^  hQQii  fourteen  years  a  resident  within  the  United 

by  the  Fed- States. 

vention  to      6.  In  casc  of  the  removal  of  the  President  from  office, 
congress    qj.  q^  j^jg  (Jeath,  resignation,  or  inability  to  discharge 
17 87.         the  powers  and  duties  of  the  said  office,  the  same  shall 
devolve  on  the  vice-president,  and  the  congress  may 
Removal    by  law  provide  for  the  case  of  removal,  death,  resigna- 
of  the       tion,  or  inability,  both  of  the  president  and  vice-presi- 
President.  (jent,  declaring  what  officer  shall  then  act  as  president, 
and  such  officer  shall  act  accordingly,  until  the  disa- 
bility be  removed,  or  a  president  shall  be  elected. 
Compensa-      7.  The  President  shall,  at  stated  times,  receive  for 
his  services  a  compensation,  which  shall  neither  be  in- 
creased nor  diminished  during  the  period  for  which  he 
shall  have  been  elected,  and  shall  not  receive  within 
that  period  any  other  emolument  from   the   United 
States  or  any  of  them. 

8.  Before  he  enter  on  the  execution  of  his  office,  he 
shall  take  the  following  oath  or  affirmation : 
Oath  of  9.  "I  do   solemnly  swear,  (or  affirm,)  that  I  will 

office.  faithfully  execute  the  office  of  President  of  the  United 
States,  and  will,  to  the  best  of  my  ability,  preserve, 
protect,  and  defend  the  Constitution  of  the  United 
States.'* 

Section  II. 

Powers  1.  The  President  shall  be  commander-in-chief  of  the 

of  fhe  Pres-  ^^'i^iJ  ^'^^^  navy  of  the  United  States,  and  of  the  militia 
ident.  of  the  several  states,  when  called  into  the  actual  serv- 
ice of  the  United  States ;  he  may  require  the  opinion, 
in  writing,  of  the  principal  officer  in  each  of  the  exec- 
utive departments,  upon  any  subject  relating  to  the 
duties  of  their  respective  offices,  and  he  shall  have 
power  to  grant  reprieves  and  pardons  for  offences 
against  the  United  States,  except  in  cases  of  impeach- 
ment. 

2.  He  shall  have  power  by  and  with  the  advice  and 


THE  UNITED   STATES  OP  AMERICA.  961 

UNDKR   THE    CONFEDERATION.  PaRT  IV. 

consent  of  the  Senate,  to  make  treaties,  provided  two- The  Con- 
thirds  of  the   Senators   present   concur ;  and  he  shall  jle  *^oJt° j 
nominate,  and  by  and  with  the  advice  and  consent  of 'jytiieFed- 
thc    Senate,  shall    appoint,  ambassadors,  other   public  vention  to 
ministers,  and  consuls,  iudo-es  of  the  supreme  court,  and  fo"gress 
all  other  officers  of  the  United  States,  whose  appoint- 1787. 
mcnts  are  not  herein  otherwise  provided  for,  and  which 
shall  be  established  by  law  ;  but  the  Congress  may,  by 
law,  vest  the  appointment  of  such   inferior  officers  as 
they  think  proper,  in  the  president  alone,  in  the  courts 
of  law,  or  in  the  heads  of  departments. 

3.  The  president  shall  have  power  to  fill  up  all  vacan- 
cies that  may  happen  during  the  recess  of  the  Senate, 
by  granting  commissions,  which  shall  expire  at  the  end 
of  their  next  session. 

Section  III. 
1.  He  shall,  from  time  to  time,  give  to  the  Congress 
information  of  the  state  of  the  Union,  and  recommend 
to  their  consideration  such  measures  as  he  shall  judge 
necessary  and  expedient ;  he  may,  on  extraordinary  oc- 
casions, convene  both  houses,  or  either  of  them,  and  in 
oase  of  disagreement  between  them  with  respect  to  the 
time  of  adjournment,  he  may  adjourn  them  to  such 
time  as  he  shall  think  proper  ;  he  shall  receive  ambas- 
sadors and  other  public  ministers ;  he  shall  take  care 
that  the  laws  be  faithfully  executed,  and  shall  commis- 
sion all  the  officers  of  the  United  States. 

Section  TV. 
1.  The  President,  Vice-President,  an    all  civil  officers  Removal 
of  the  United  States,  shall  be   removed  from  office  on 
impeachment  for,  and  conviction  of,  treason,  bribery, 
or  other  high  crimes,  and  misdemeanors. 

ARTICLE  III. 
Section  I. 

1.  The  Judicial  power  of  the  United  States,  shall  beThejudU 
vested  in  one   Supreme   Court,  and   in   such   inferior '^'*'^^* 
61 


962 


THE   GOVEENMENTAL   HISTORY  OF 


Part  IV. 


THE    PERMANENT    UNION 


The  Con-  coiirts  as  tlic  Congress  may,  from  time  to  time,  ordain 
reDortod  ^"*^  establish.  Tlie  judges,  botli  of  tlie  supreme  and 
by  the  Fed- inferior  courts,  shall  hold  their  offices  during  good  be- 

cral  Con-    ,        .  i      ,     i ,  -,    ,•  .      ^  ,     . 

vention  to  uaviour,  and  shall,  at  stated  times,  receive  for  their 
Se°f  ^Tt'h  ^^^'^'ic6s,  a  compensation,  which  shall  not  be  diminished 
1787.       '  during  their  continuance  in  office. 

Section  II. 
JurisJic-        1.  The  iudicial  power  shall  extend  to  all  cases,  in  law 

tion  of  the        ,  .  .   .     ^  ^  ,  .       ^  .        .  , 

judiciary,  and  cquitj,  arising  under  this  Constitution,  the  laws 
of  the  United  States,  and  treaties  made,  or  which  shall 
be  made,  under  their  authority ;  to  all  cases  affecting 
ambassadors,  other  public  ministers  and  consuls  ;  to  all 
cases  of  admiralty  and  maritime  jurisdiction  ;  to  con- 
troversies to  which  the  United  States  shall  be  a  party  ; 
to  controversies  between  two  or  more  states,  between  a 
state  and  citizens  of  another  state,  between  citizens  of 
different  states,  between  citizens  of  the  same  state  claim- 
ing lands  under  grants  of  different  states,  and  between 
a  state,  or  the  citizens  thereof,  and  foreign  states,  citi- 
zens, or  subjects. 

2.  In  all  cases  affecting  ambassadors,  other  public 
ministers  and  consuls,  and  those  in  which  a  state  shall 
be  party,  the  Supreme  Court  shall  have  original  juris- 
diction. In  all  the  other  cases  before  mentioned,  the 
Supreme  Court  shall  have  appellate  jurisdiction,  both 
as  to  law  and  fact,  with  such  exceptions,  and  under 
such  regulations  as  the  Congress  shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeach- 
ment, shall  be  by  jury,  and  such  trial  shall  be  held  in 
the  state  where  the  said  crimes  shall  have  been  com- 
mitted ;  but  when  not  committed  within  any  state,  the 
trial  shall  be  at  such  place  or  places  as  the  Congress 
may  by  law  have  directed. 


Treason, 
and  its 
punish- 
ment. 


Section  III. 

1.  Treason  against  the  United  States  shall  consist 
only  in  levying  war  against  them,  or  in  adhering  to 
their  enemies,  giving  them  aid  and  comfort.     No  per- 


THE   UNITED    STATES   OF   AMERICA.  963 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

son  shall  be  convicted  of  treason  unless  on  the  tcsti-  Tiie  Con- 
mony  of  two  witnesses  to  the  same  overt  act,  or  on  con-  reported 
fession  in  open  court.  by  the  Fed- 

2.  The  Congress  shall  have  power  to  declare  the  pun- vention  to 
ishment  of  treason ;  but  no  attainder  of  treason  shall  ^°°P^1\ 
work  corruption  of  blood,  or  forfeiture,  except  during  1787. 
the  life  of  the  person  attainted. 

ARTICLE   IV. 

Section  I. 

1.  Full  faith  and  credit  shall  be  given  in  each  state  Inter-fed- 
to  the  public' acts,  records,  and  judicial  proceedings  of  ^/g^^g^^^^ 
every  other  state.     And  the  congress  may,  by  general  comity, 
laws,  prescribe  the  manner  in  which  such  acts,  records 
and    proceedings,    shall    be    proved,   and    the   effect 

thereof. 

Section  II. 

1.  The  citizens  of  each  state  shall  be  entitled  to  all 
privileges  and  immunities  of  citizens  in  the  several 
states. 

2.  A  person  charged  in  any  state  with  treason,  felony,  Fugitives 
or  other  crime,  who  shall  flee  from  justice,  and  be  found  [[^""^"^' 
in  another  state,  shall,  on  demand  of  the  executive- 
authority  of  the  state  from  which  he  fled,  be  delivered 

up,  to  be  removed  to  the  state  having  jurisdiction  of 
the  crime. 

3.  No  person  held  to  service  or  labor  in  one  state.  From  ser- 
under  the  laws  thereof,  escaping  into  another,  shall,  in  l^^^  ®^® 
consequence  of  any  law  or  regulation  therein,  be  dis-P-  872. 
charged  from  such  service  or  labor ;  but  shall  be  deliv- 
ered up  on  claim  of  the  party  to  whom  such  service  or 

labor  may  be  due. 

Section  III. 

1.  New  states  may  be  admitted  by  the  Congress  into^®^^***^^* 
this  union  ;  but  no  new  state  shall  be  formed  or  erected 
within  the  jurisdiction  of  any  other  state,  nor  any  state 
be  formed  by  the  junction  of  two  or  more  states,  or 


934:  THE  GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  permanknt  union 

The  Con-  parts  of  states,  without  the  consent  of  the  legislatures 
re'^orted  ^^  ^^^^  statcs  coucenied,  as  well  as  of  the  Congress. 
b>  the  Fed-  2.  The  Cougress  shall  have  power  to  dispose  of,  and 
vention  to  make  all  needful  rules  and  regulations  respecting,  the 
congress  territory  or  other  property  belonging  to  the  United 
1787.  '  States ;  and  nothing  in  this  Constitution  shall  be  so 
construed  as  to  prejudice  anv  claims  of  the   United 

Territorial  i-      o  » 

provision.  States,  or  of  any  particular  state. 

Section  IY. 

Guarantee  1.  The  United  States  shall  guaranty  to  every  state 
states.  in  this  union  a  republican  form  of  government,  and 
shall  protect  each  of  them  against  invasion ;  and,  on 
application  of  the  legislature,  or  of  the  executive  (when 
the  legislature  cannot  be  convened),  against  domestic 
violence. 

ARTICLE  V. 

Provision  1.  The  Congress,  whenever  two-thirds  of  both  houses 
nient"  '  shall  deem  it  necessary,  shall  propose  amendments  to 
this  Constitution  ;  or,  on  the  application  of  the  legisla- 
tures of  two-thirds  of  the  several  states,  shall  call  a  con- 
vention for  proposing  amendments,  which,  in  either 
case,  shall  be  valid  to  all  intents  and  purposes,  as  part 
of  this  Constitution,  when  ratified  by  the  legislatures 
of  three-fourths  of  the  several  states,  or  by  conventions 
in  three-fourths  thereof,  as  the  one  or  the  other  mode 
of  ratification  may  be  proposed  by  the  Congress  ;  pro- 
vided, that  no  amendment  which  may  be  made  prior  to 
the  year  one  thousand  eight  hundred  and  eight,  shall 
in  any  manner  affect  the  first  and  fourth  clauses  in  the 
ninth  section  of  the  first  article ;  and  that  no  state, 
without  its  consent,  shall  be  deprived  of  its  equal 
suiBfrage  in  the  Senate. 

ARTICLE  VI. 

Public  1.  AH  debts  contracted   and   engagements  entered 

theU.S^A.^^^*^'  before  the  adoption  of  this  Constitution,  shall  be 


THE   UNITED    STATES   OF   AMERICA.  965 

CNDER    THE    CONFEDERATION.  PaUT    IV. 

as  valid  against  the  United  States  under  this  Constitu-Thc  Con- 
tion,  as  under  the  Confederation.  renoit'Jd 

2.  This  Constitution,   and  the  laws  of  the  United  by  the  Fed- 
States  which  shall  be  made  in  pursuance  thereof;  and  ye'ntion  to 

all  treaties  made,  or  which  shall  be  made,  under  the  ^,""S''^f » 
'  hc'pt.  17th, 

authority  of  the  United  States,  shall  be  the  Supreme  17S7. 
Law  of  the  land  ;  and  the  judges  in  every  state  shall 
be  bound  thereby ;  any  thing   in  the    Constitution  or  o" the'con^ 
laws  of  any  state  to  the  contrary  notwithstanding.         stitution. 

3.  The    senators    and   representatives   before   men-  oath  of 

tioned,  and  the  members  of  the  several  state  legisla- f ^'^S'^nce 

'  °  to. 

tures,  and  all  executive   and  judicial  officers,  both  of 

the  United  States  and  of  the   several  states,  shall  be 
bound  by  oath  or  affirmation,  to  support  this  Constitu- 
tion ;  but  no  religious  test  shall  ever  be  required  as  aNorelig- 
qualification  to  any  office  or  public  trust  under  the  ^^^  *'^^*- 
United  States. 

ARTICLE  VII. 

1.  The  ratification  of  the  conventions  of  nine  states,  Ratifica- 
shall  be  sufficient  for  the  establishment  of  this  Consti- 
tution between  the  states  so  ratifying  the  same. 

Done  in  Convention,  by  the  unanimous  consent  of  the 
states  present,  the  seventeenth  day  of  September,  in 
the  year  of  our  Lord  one  thousand  seven  hundred 
and  eighty-seven,  and  of  the  Independence  of  the 
United  States  of  America,  the  twelfth.  Li  witness 
whereof,  we  have  hereunto  subscribed  our  names. 

GEORGE  WASHINGTON, 

President  J  and  deputy  from  Virginia. 

NEW  HAMPSHIRE.  ^^^^^ 

John  Langdon,  Nicholas  Gilman..        bLT^X) 

MASSACHUSETTS.  report.  *^^ 

Nathaniel  Gorham,  Rufus  King. 

CONNECTICUT. 
Wm.  Samuel  Johnson,         Roger  Sherman. 


966 

Part  IY. 


The  Con- 
stitution 
reportedi 
by  the  Fed- 
eral Con- 
vention to 
congress, 
Sept.  1787. 


THE   GOVERNMENTAL    HISTORY   OP 


THE    PERMANENT    UNION 


NEW  YORK. 

Alexander  Hamilton. 

NEW  JERSEY. 


William  Livingston, 
David  Brearley, 


William  Patterson, 
Jonathan  Dayton. 


PENNSYLVANIA. 


Names  of 
members 
who  signed 
the  report. 


Benjamin  Franklin, 
Thomas  Mifflin, 
Robert  Morris, 
George  Clymer, 


Thomas  Fitzsimons, 
Jared  Ingersoll, 
James  Wilson, 
Governeur  Morris. 


DELAWARE. 

George  Read,  Richard  Bassett, 

Gunning  Bedford,  Jr.         Jacob  Broom. 
John  Dickinson, 

MARYLAND. 

James  M'Henry,  Daniel  Carroll, 

Daniel-of-St.-Tho:  Jenifer. 


VIRGINM. 


John  Blair, 


James  Madison,  Jb. 


NORTH  CAROLINA. 

Hugh  Williamson. 


William  Blount, 
Rich.  Dobbs  Spaight, 


SOUTH  CAROLINA. 

John  Rutledge,  Charles  Pincknet, 

c.  cotesworth  pinckney,    plerce  butler. 

GEORGIA. 
William  Few,  Abraham  Baldwin. 


Attest,         WILLIAM  JACKSON,  Secretary. 


THE   UNITED    STATES   OF   AMERICA.  967 

UNDKR    THE    CONFEDKRATION.  PaUT    IV. 

In  Convention,  Monday,  Seplember  11th,  1787.      J|fJ"Jvd^^ 

Present.     The  States  op  New  Hampshire,  MasSxV- erai  Con- 
CHUSETTS,  Connecticut,  Mr.  Hamilton  from  New  York,  congress," 
New  Jersey,  Pennsylvania,  Delaware,  Maryland,  ViR-''^^pt.  nth, 
GiNiA,  North  Carolina,  South  Carolina,  and  Georgia. 

Resolved.  That  the  preceding  Constitution  be  laid 
before  the  United  States  in  Congress  assembled,  and 
that  it  is  the  opinion  of  this  convention,  that  it  should 
afterwards  be  submitted  to  a  convention  of  Delegates  ^!'j^jj*'„™es- 
choseii  in  each  State,  by  the  people  thereof,  under  theolutions. 
recommendation  of  its  legislature,  for  their  assent  and 
ratification ;  and  that  each  convention  assenting  to, 
and  ratifying  the  same,  should  give  notice  thereof  to 
the  United  States,  in  Congress  assembled. 

Resolved.  That  it  is  the  Opinion  of  this  Convention, 
that  as  soon  as  the  conventions  of  nine  states  shall  have 
ratified  this  Constitution,  the  United  States  in  Congress 
assembled,  should  fix  a  day  on  which  electors  should 
be  appointed  by  the  States  which  shall  have  ratified  the 
same,  and  a  day  on  which  the  electors  should  assemble, 
to  vote  for  the  President,  and  the  time  and  place  for 
commencing  proceedings  under  this  Constitution.  That 
after  such  publication,  the  electors  should  be  appoint- 
ed, and  the  senators  and  representatives  elected  ;  that 
the  electors  should  meet  on  the  day  fixed  for  the  elec- 
tion of  the  President,  and  should  transmit  their  votes 
certified,  signed,  sealed,  and  directed,  as  the  Constitu- 
tion requires,  to  the  Secretary  of  the  United  States  in 
Congress  assembled ;  that  the  senators  and  represent- 
atives should  convene  at  the  time  and  place  assigned ; 
that  the  senators  should  appoint  a  president  of  the  sen- 
ate, for  the  sole  purpose  of  receiving,  opening,  and 
counting  the  votes  for  President ;  that  after  he  shall  be 
chosen,  the  Congress,  together  with  the  President,  should, 
without  delay,  proceed  to  execute  this  Constitution. 

By  the  unanimous  order  of  the  Convention. 

George  Washington,  President. 
"William  Jackson,  Secretary. 


968  THE   GOVERNMENTAL   HISTORY    OF     » 

Part  IV.  the  permanent  union 

K^^po'f  0^"  In  Convention,  September,  11th,  1787. 

t.ic  iui'-       ^ 
cral  Coil-     ^IRj 

vention  to  •\Y(j  havc  now  the  honour  to  submit  to  the  considera- 
Sept.  iTth,  tion  of  the  United  States  m  Congress  assembled,  that 
^''^'^'  Constitution  which  has  appeared  to  us  the  most  advis- 
able. The  friends  of  our  country  have  long  seen  and 
desired  that  the  power  of  making  war,  peace,  and 
treaties ;  that  of  levying  money  and  regulating  com- 
merce ;  and  the  correspondent  executive  and  judicial 
authorities ;  should  be  fully  and  effectually  vested  in 
the  general  government  of  the  union  ;  but  the  impro- 
priety of  delegating  such  extensive  trust  to  one  body 
of  men  is  evident.  Hence  results  the  necessity  of  a 
different  organization.  It  is  obviously  impracticable  in 
the  Federal  Government  of  these  States,  to  secure  all 
rights  of  independent  sovereignty  to  each,  and  yet  pro- 
vide for  the  interest  and  safety  of  all.  Individuals 
entering  into  society  must  give  up  a  share  of  liberty  to 
preserve  the  rest.  The  magnitude  of  the  sacrifice  must 
Accoinpa-  ,jQpei;i(i  ag  -vvell  on  situation  and  circumstances  as  on 

iiyiiig  let-         ^ 

ter  to  the   the  objcct  to  be  attained.     It  is  at  all  times  difficult  to 
ot'con-'^*^    draw  with  precision  the  line  between  those  rights  which 
gress.        must  be  surrendered,  and  those  which  may  be  reserved; 
and  on  the  present  occasion  this  difficulty  was  increased 
by  a  difference  among  the  several  states  as  to  their  sit- 
uation, extent,  habits,  and  particular  interests. 

In  all  our  deliberations  on  this  subject,  we  kept  stead- 
ily in  our  view,  that  which  appears  to  us  the  greatest 
interest  of  every  true  American,  the  consolidation  of 
cur  union,  in  which  is  involved  our  prosperity,  felicity, 
safety,  perhaps  our  national  existence.     This  important 
consideration,  seriously  and  deeply  impressed  on  our 
minds,  led  each  state  in  the  Convention  to  be  less  rigid 
The  Con-    on  points  of  inferior  magnitude,  than  might  have  been 
thrresult  Otherwise  expected;  and  thus  the  Constitution,  which 
ofconces-  -^ye  now  present,  is  the  result  of  a  spirit  of  amity, 
and  of  that  mutual  deference  and  concession,  which  the 
peculiarity  of   our  political  situatiou  reudered  indis- 


THE   UNITED   STATES   OF   AMERICA.  969 

UNDER    THE    CONFEDERATION.  PaRT    IV, 

pensablc.     That  it  will  meet  the  full  and  entire  appro- Report  of 
hation  of  every  state  is  not,  perhaps,  to  be  expected  ;  ^^'.J^j  f?^^'^_ 
but  each  will  doubtless  consider,  that  had  her  interests  vention  to 
been  alone  consulted,  the   consequences  might  have  sept  17th, 
been  ])articularly  disagreeable  or  injurious  to  others.  ^''^'^' 
That  it  is  liable  to  as  few  exceptions  as  could  reasonably 
have  been  expected,  we  hope  and  believe  :  That  it  may 
promote  the  lasting  welfare  of  that  country  so  dear  to 
us  all,  and  secure  her  freedom  and  happiness,  is  our 
most  ardent  wish. 

With  great  respect, 

we  have  the  honor  to  be.  Sir, 

Your  Excellency's  most  obedient 
and  humble  servants, 

George  Washington,  President. 
By  the  unanimous  order  of  the  Convention. 
To  His  Excellency,  the  President  of  the  Congress. 


Soon  after  the  reception  of  this  report,  on  the  twen-  Action  of 
ty-eighth  of  the  same  month,  the  Congress  "  Resolved  on^the^re- 

UNANIMOUSLY,  that  the    said   report,  with  the    resolu-  port  of  the 

,  .    Conven- 

tions and  letter  accompanying -the  same,  be  transmit- tion,  Sept. 

ted  to  the  several  state  legislatures,  in  order  to  be  sub-"^^^'^'^^'^' 
mitted  to  a  convention  of  delegates,  chosen  in  each 
state  Ijy  the  people  thereof,  in   conformity  to  the  re- 
•solves  of  the  convention  made  and  provided  in  that  case." 
Pursuant  to  this  resolution  copies  of  the  proposed 
Constitution  were  transmitted  to  the   several  states :  Submis- 
The  respective  state  legislatures  passed  acts  calling  a ^!^" ^^'  ^° 
convention  of  delegates  from  among  the  people,  and 
the  constitution  being  submitted  to  these  several  con- 
ventions for  their  approval,  their  ratifications  thereof 
duly  subscribed  and  certified  were  transmitted  to  Con-  Ratifica- 
gress,  and  were  as  follows :  *'°^  °^' 

Delaware. 

We,  the  deputies  of  the  people  of  the  Delaware  state, 
in  Convention  met,  having  taken  into  our  serious  con-  ware. 


970  THE   GOYEENMENTAL    HISTORY   OF 

Part  IV.  the  permanent  union 

Ratifica-     sideratioii    the    Federal    Constitution    proposed    and 
consutu-^^  agreed  upon  by  the  deputies  of  the  United  States  in  a 
tion  by  the  general  Convention,  held  at  the  city  of  Philadelphia, 
the  states.  OR  the  17th  day  of  September,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  eighty-seven,  have 
approved,  assented  to,  ratified  and  confirmed,  and  by 
By  Deia-    these  presents  do,  in  virtue  of  the  power  to  us  given 
'Ju'^nsY.  ^^^  ^^^^^  purpose,  for  and  in  behalf  of  ourselves  and 
constituents,  fully,    freely,    and   entirely    approve  of, 
assent  to,  ratify,  and  confirm  the  said  Constitution. 
Done  in  Convention  at  Dover,  this  seventh  day  of  De- 
cember, in  the  year  aforesaid,  and  in  the  year  of  the 
Independence  of  the  United  States  of  America,  the 
twelfth.     In  testimony  whereof,  we  have  hereunto 
subscribed  our  names.  ***** 


Pennsylvania. 

By  Penn-  -^^  ^'^  KNOWN  unto  all  men,  that  we,  the  delegates  of 
syivania,  the  people  of  the  Commonwealth  of  Pennsylvania,  in 
1787.  "  '  general  Convention  assembled,  have  assented  to,  and 
ratified,  and  by  these  presents  do,  in  the  name  and  by 
the  authority  of  the  same  people,  and  for  ourselves, 
assent  to  and  ratify  the  foregoing  Constitution  for  the 
United  States  of  America. 

Done  in  Convention,  at  Philadelphia,  the  twelfth  day 
of  December,  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  eighty-seven,  and  of  the  independ- 
ence of  the  United  States  of  America,  the  twelfth. 
In  witness  whereof,  we  have  hereunto  subscribed  our 
names. 

Frederick  Augustus  Mulenburgh,  President. 
James  Campbell   Secretary. 


New  Jersey. 

By  New  In  Convention  of  the  state  of  New  Jersey  :  Wliereas, 
De^Tsth  ^  Convention  of  delegates  from  the  following  states,  viz., 
1787.         (the  states  represented  in  the  Federal  Convention,) 


THE  UNITED   STATES   OP   AMERICA.  t)71 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

met  at  Philadelphia,  for  the  purpose  of  deliberating  on,  Ratifica- 
and  forming  a  Constitution  for  the  United  States  of  consdtu-^'' 
America,  finished  their  session  on  the  seventeenth  day  tion  by  the 
of  September  last,  and  reported  to  Congress  the  form  fi^c  States, 
which  they  had  agreed  upon,  in  the  words  following, 
viz.,  (cites  the  Constitution  verbatim,  the  resolutions    • 
of  Congress,  and  the  act  of  the  state  legislature  calling 
the  convention.) 

Noiv  be  it  known.  That  we,  the  delegates  of  the  state  By  New 

Jersey. 
of  New  Jersey,  chosen  by  the  people  thereof,  for  the  pur- 
poses aforesaid,  having  mutually  deliberated  on,  and 
considered  the  aforesaid  proposed  Constitution,  do 
hereby,  for  and  on  behalf  of  the  people  of  the  said 
state  of  New  Jersey,  agree  to,  ratify,  and  confirm,  the 
same,  and  every  part  thereof. 

Done  in  Convention,  by  the  unanimous  consent  of 
the  members  present,  this  eighteenth  day  of  Decem- 
ber, &c. 

In  witness  whereof,  we  have  hereunto  subscribed 
our  names. 

John  Stevens,  President. 

Samuel  W.  Stockton,  Secretary. 


Connecticut. 
In  the  name  of  the  people  of  the  state  of  Connecticut :  Eatifica- 
We,  the  delesrates  of  the  people  of  the  said  state,  in  ^i^^^ '^?'^. 

^  a  J  -f     .1  7  Connecti- 

general  convention  assembled,  pursuant  to  an  act  of  cut,  Jan. 
the  legislature  in  October  last,  have  assented  to  and     '' 
ratified,  and  by  these  presents  do  assent  to,  ratify,  and 
adopt,  the  Constitution  reported  by  the  Convention  of 
delegates  in  Philadelphia,  on  the  ITtli  day  of  Septem- 
ber, A.  D.  1787,  for  the  United  States  of  America. 

Done  in  Convention,  this  9th  day  of  January,  A.  D. 
1788.  In  witness  whereof,  we  have  hereunto  set  our 
hands. 

Matthew  Griswold,  President. 

Test.    Jedediah  Strong,  Secr'y. 


972  THE  GOVERNMENTAL    HISTORY   OP 

Part  IV.  the  permanent  union 

!iofon"ho  Massachusetts. 

tion\)Vt'he     -^^  Convention  of  the  delegates  of  the  people  of  the 
people  of    Commonwealth  of  Massachusetts,  February  6th,  1788. 
The  Convention  having  impartially  discussed,  and 
fully  considered  the  Constitution  for  the  United  States 
of  America,  reported  to  congress  by  the  Convention  of 
delegates  from  the  United  States  of  America,  and  sub- 
mitted to  us  by  a  resolution  of  the  general  court  of  the 
Ratifica-     said  Commonwealth,  passed   the   twenty-fifth  day  of 
Massachu-  Octobcr    last  past,   and  acknowledging  with  grateful 
e^h^'i'^bS    ^^*^^^'^^  *li®  goodness  of  the  Supreme  Ruler  of  the  uni- 
verse, in  affording  the  people  of  the  United  States,  in 
the  course  of  His  Providence,  an  opportunity,  delib- 
erately and  peaceably,  without  fraud  or  surprise,  of 
entering  into  an  explicit  and  solemn  compact  with  each 
other,  by  assenting  to  and  ratifying  a  new  Constitution, 
in  order  to  form  a  more  perfect  union,  establish  justice, 
insure  domestic  tranquillity,  provide  for  the  common 
defence,  promote  the  general  welfare,  and  secure  the 
blessings  of  liberty  to  themselves  and  their  posterity, 
Do,  in  the  name  and  in  behalf  of  the  people  of  the  Com- 
monwealth of  Massachusetts,  assent  to,  and  ratify,  the 
said  Constitution  for  the  United  States  of  America. 


John  Hancock,  PresH. 
William  Cushing,  V.  P. 
George  Richards  Minott,  Secretary. 


Georgia. 
Eatifica-         In  Convention,  "Wednesday,  January  the  second,  one 
Georgfa,     thousand  seven  hundred  and  eighty-eight.      To  all  to 
January^    whom  these  presents  shall  come,  Greeting: 

Whereas,  the  form  of  a  Constitution  for  the  govern- 
ment of  the  United  States  of  America,  was,  on  the  17th 
day  of  September,  one  thousand  seven  hundred  and 
eighty-seven,  agreed  upon  and  reported  to  congress,  by 
the  deputies  of  the  said  United  States,  convened  in  Phil- 


2d,  1788. 


THE  UNITED    STATES   OF   AMERICA.  973 

UNDER    THE    CONFEDERATION.  PaRT    IV. 

adelphia,  which  said  Constitution  is  written  in  the  words  Ratifica- 
foUowing,  viz.,  (cites  the  Constitution  verbatim,  the  res- ^^j^^.^^^^^® 
ohition  of  Congress,  and  the  act  of  the  state  legislature,  tion  by  the 
calling  this  convention,  and  proceeds,)  Noio  ^wo^y  ?/e,  [^i^^  states. 
that  We,  the  delegates  of  the  people  of  the  state  of  Geor- 
gia, in  convention  met,  pursuant  to  the  resolutions  of 
the  legislature  aforesaid,  having  taken  into  consideration  ^   q^^^^_ 
the  said  Constitution,  have  assented  to,  ratified,  and  gia. 
adopted,  and  by  these  presents  do,  in  virtue  of  the 
powers  and  authority  to  us  given  by  the  people  of  the 
said  state  for  that  purpose,  for  and  in  behalf  of  ourselves 
and  our  constituents,  fully  and  entirely  assent  to,  rat- 
ify, and  adopt,  the  said  Constitution. 

Done  in  Convention,  at  Augusta,  in  the  said  state, 
on  the  second  day  of  January,  A.  D.  1788,  and  of  the 
Independence  of  the  United  States,  the  twelfth. 

Li  witness  whereof,  Sfc. 

John  Wereat,  President,  etc. 


Maryland. 

In  Convention  of  the  delegates  of  the  people  of  the  Ratifica- 
statc  of  Maryland,  28th  April,  1788.  Maryknd, 

We,  the  delegates  of  the  people  of  the  state  of  Mary-  April  28th, 
land,  having  fully  considered  the  Constitution  of  the 
United  States  of  America,  reported  to  Congress  by  the 
Convention  of  deputies  from  the  United  States  of 
America,  held  in  Philadelphia,  on  the  seventeenth  day 
of  September,  1787,  of  which  the  annexed  is  a  copy ; 
and  submitted  to  us  by  a  resolution  of  the  general 
assembly  of  Maryland,  in  November  session,  seventeen 
hundred  and  eighty-seven,  Do,  for  ourselves,  and  in 
the  name  and  on  the  behalf  of  the  people  of  this  state, 
assent  to,  and  ratify,  the  said  Constitution. 

In  icitness  whereof,  we  have  hereunto  subscribed  our 

names. 

George  Plater,  President,  etc. 

Attest,    Wm.  IIarwood,  Cllc. 


974  THE   GOVERNMENTAL   HISTORY  OP 

Part  IV.  the  permanent  union 

tion  of  the  .  South  Carolina. 

tion  by"tiie     ^^  Convention  of  the  people  of  the  state  of  South  Car- 
people  of   olina,  by  their  representatives,  held   in   the  city  of 
Charleston,  on  Monday,  the  twelfth  day  of  May,  and 
continued  by  divers  adjournments  to  Friday,  the  twen- 
ty-third day  of  May,  Anno  Domini,  one  thousand  seven 
hundred  and  eighty-eight,  and  in  the  twelfth  year  of 
the  Independence  of  the  United  States  of  America. 
Ratifica-     The  Convention  having  maturely  considered  the  Con- 
South^Car-Stitution,  or  form  of  government,  reported  to  Congress 
olina,  May,  |)y  the  Convention  of  delegates  from  the  United  States 

1788 

of  America,  and  submitted  to  them  by  a  resolution  of 
the  legislature  of  this  state,  passed  the  seventeenth  and 
eighteenth  days  of  February  last,  in  order  to  form  a 
more  perfect  union,  establish  justice,  ensure  domestic 
tranquillity,  provide  for  the  common  defence,  promote 
the  general  welfare,  and  secure  the  blessings  of  liberty 
to  the  people  of  the  said  United  States,  and  tlieir  pos- 
terity ;  Do,  in  the  name  and  behalf  of  the  people  of  this 
state,  hereby  assent  to,  and  ratify,  the  said  Constitu- 
tion.    Done  in  Convention,  Sfc. 

Thomas  Pinckney,  PresH.  [L.  S.] 
Attest,    John  Sanford  Dart,  Secr^y.  [L.  S.J 


New  Hampshire. 
Ratifica-         In  Convention  of  the  delegates  of  the  people  of  the 
n"  Hanip-  s*^*^  0^  ^^^  Hampshire,  June  the  twenty-first,  1788. 
phire,  June      The  Conveiition,  having  impartially  discussed,  and 
'    '    ■  fully  considered  the  Constitution  for  the  United  States 
of  America,  reported  to  Congress  by  the  Convention 
of  delegates  from  the  United  States  of  America,  and 
submitted  to  us  by  a  resolution  of  the  general  court  of 
said  state,  passed  the  fourteenth  day  of  December  last; 
and  acknowledging  with  grateful  hearts  the  goodness 
of  the  Supreme  Ruler  of  the  imiverse,  in  affording  the 
people  of  the  United  States,  in  the  course  of  His  Prov- 
idence, an    opportunity,  deliberately    and   peaceably, 


THE   UNITED    STATES   OP   AMERICA.  975 

UNDKR    THE    CONFEDERATION.  PaKT    IV. 

without  fraud  or  surprise,  of  entering  into  an  explicit  Ratifica- 
and  solemn  compact  with  each  other,  by  assenting  to  J'onp^fjj^*' 
and  ratifying  a  new  Constitution,  in  order  to  form  ationbythe 
more  perfect  union,  establish  justice,  insure  domestic  tlie  states. 
tranquillity,  provide  for  the  common  defence,  promote 
the  general  w^elfare,  and  secure  the  blessings  of  liberty 
to  themselves  and  their  posterity — Do,  in  the  name  and 
behalf  of  the  people  of  the  state  of  New  Hampshire, 
assent  to,  and  ratify,  the    said  Constitution,  for  the 
United  iStates  of  America. 

Transmitted  and  certified  to  Congress  by 

John  Sullivan,  Pres't  of  the  Convention, 
John  Langdon,  Pres't  of  the  State. 
By  order, 

John  Calf,  Secr^y  of  Convention. 
Joseph  Pearson,  Secfy  of  State. 


Virginia. 
TFe,  the  delegates  of  the  people  of  Virginia,  dulyRatifica- 
elected  in  pursuance  of  a  recommendation  from  the  y^^o-iifia 
general  assembly,  and  now  met  in  Convention,  having  J^"^*^  26th, 
fully  and  freely  investigated  and  discussed  the  proceed- 
ings of  the  Federal  Convention,  and  being  prepared,  as 
well  as  the  most  mature  deliberation  hath  enabled  us, 
to  decide  thereon — Do,  in  the  name  and  in  behalf  of  the 
people  of  Virginia,  declare  and  make  known,  that  the 
powers  granted  under  the  Constitution,  being  derived 
from  the  people  of  the  United  States,  may  be  resumed 
by  them,  whensoever  the  same  shall  be  perverted  to 
their  injury  or  oppression,  and  that  every  power  not 
granted  thereby,  remains  with  them,  and  at  their  will : 
That  therefore  no  right  of  any  denomination,  can  be 
cancelled,  abridged,  restrained,  or  modified,  by  the 
congress,  by  the  senate,  or  house  of  representatives, 
acting  in  any  capacity ;  by  the  president,  or  any  de- 
partment, or  officer  of  the  United  States,  except  in 
those  instances  in  which  power  is  given  by  the  Consti- 
tution for  those  purposes  :  And  that  among  other  essen- 


07G  THE   GOVERNMENTAL   HISTORY   OP 

FaUT    IV.  THE    PERMANENT    UNION 

Ratifica-     tittl  rights,  the  liberty  of  conscience,  and  of  the  press, 
ConstUuV^  cannot  be  cancelled,  abridged,  restrained,  or  modified, 
tionbytheby  any  authority  of  the    United    States.     With  these 
the  states,  impressions,  with  a  solemn  appeal  to  the  Searcher  of 
hearts  for  the  purity  of  our  intentions,  and  under  the 
conviction  that  whatsoever  imperfections  may  exist  in 
the  Constitution,  ought  rather  to  be  examined  in  the 
mode  prescribed  therein,  than  to  bring   the  union  in 
danger  by  a  delay,  with  a  hope  of  obtaining  amend- 
ments previous  to  the  ratification — We,  tlie  said  dele- 
Ratifica-     gatcs,  in  the  name  and  in  behalf  of  the  peojjle  of  Virginia, 
Virginia,    do,  by  tlicsc  prcscnts,  assent  to,  and  ratify,  the  Constitu- 
Jimc  20th,  ^^Qjj  recommended  on  the  seventeenth  day  of  Septem- 

1788.  ''  ^ 

ber,  one  thousand  seven  hundred  and  eighty-seven,  by 
the  Federal  Convention,  for  the  government  of  the 
United  States ;  hereby  announcing  to  all  those  whom  it 
may  concern,  that  the  said  Constitution  is  binding  upon 
the  said  people,  according  to  an  authentic  copy  hereto 
annexed,  in  the  words  following,  (see  Constitution.) 
Done  in  Convention,  this  twenty-sixth  day  of  June,  one 
thousand  seven  hundred  and  eighty-eight. 
Bj  order  of  the  Convention, 

Edw.  Pendleton,  President. 


State  of  New-York. 
Ratifica-         We,  the  delegates  of  the  people  of  the  state  of  New- 
New- York,  York,  duly  elected  and  met  in  Convention,  having  ma- 
July  2Gth,  turely  considered  the  Constitution  of  the  United  States 

1787.  -^ 

of  America,  agreed  to  on  the  seventeenth  day  of  Sep- 
tember, in  the  year  one  thousand  seven  hundred  and 
eighty-seven,  by  the  Convention  then  assembled,  at 
Philadelphia,  in  the  commonwealth  of  Pennsylvania, 
(a  copy  whereof  precedes  these  presents,)  and  having 
also  seriously  and  deliberately  considered  the  present 
situation  of  the  United  States,  Do  declare  and  make 
knoivn,  that  all  power  is  originally  vested  in,  and  conse- 
quently derived  from,  the  people ;  and  that  government 
is  instituted  by  them  for  their  common  interest,  protec- 


TUE    UNITED    STATES    OP    AMERICA.  977 

UNDER    THE    CONKKDEKATION.  PaRT    IV. 

tioii  and  security  ;  that  the  powers  of  government  may  Ratifica- 
be  re-assumed  by  the  people,  whensoever  it  shall  become  Qo„g°^u^® 
necessary  to  their  happiness" — It  goes  on  with  a  decla-tion  by  tho 
ration  of  rights,  and  of  the  powers  and  restrictions,  im-  the  states, 
posed  by  the  Constitution,  and  with  other  suggestions 
as  to  the  powers  of  a  general  administration,  and  then 
proceeds — 

"  Under  these  impressions,  and  declaring  that  the 
rights  aforesaid  cannot  be  abridged  or  violated,  and 
that  the  explanations  aforesaid  are  consistent  with  the 
said  Constitution,  and  in  confidence  that  the  amend- 
ments which  shall  have  been  proposed  to  the  said  Con- 
stitution, will  receive  an  early  and  mature  considera- 
tion ;  We,  the  said  delegates,  in  the  name  and  in  the  be- 
half of  the  people  of  the  state  of  New  York,  do,  by  Ratifica- 
these  presents,  assent  to,  and  ratify,  the  said  Constitu- j^-e^  York 
tion.  In  full  confidence,  nevertheless,  that,  until  a  con- -^^'y  26th, 
vention  shall  be  called  and  convened  for  proposing 
amendments  of  the  said  Constitution,  the  militia  of 
this  state  will  not  be  continued  in  service  out  of  this 
state  for  a  longer  term  than  six  weeks,  without  the  con- 
sent of  the  legislature  thereof:  That  the  Congress  will 
not  make  or  alter  any  regulation  in  this  state,  rQspecting 
the  times,  places,  and  manner,  of  holding  elections  for 
senators  and  representatives,  unless  the  legislature  of 
this  state  shall  neglect  or  refuse  to  make  laws  or  regu- 
lations for  the  purpose,  or  from  any  circumstances  be 
incapable  of  making  the  same ;  and  that  in  those  cases 
such  power  will  only  be  exercised  until  the  legislature 
of  this  state  shall  make  provision  in  the  premises : 
That  no  excise  will  be  imposed  on  any  article  of  the 
growth,  production,  or  manufacture,  of  the  United 
States,  or  any  of  them,  within  this  state,  ardent  spirits 
excepted :  And  that  the  Congress  will  not  lay  direct 
taxes  within  this  state,  but  when  the  monies  arising 
from  the  impost  and  excise  shall  be  insufficient  for  the 
public  exigencies  ;  nor  then,  until  Congress  shall  first 
havQ  made  a  requisition  upon  this  state  to  assess,  levy 
62 


978  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  permanent  union 

Ratifica-     and  pay,  the  amount  of  sucli  requisition,  made  agree- 

ConstUu-^*^  ably  to  the  census   fixed   in   the    said  Constitution,  in 

tion  by  the  such  way  and  manner  as   the    legislature  of  this  state 

fhe  states,  shall  judge  best ;  but    that   in   such    case,  if  the  state 

shall  neglect  or  refuse  to  pay  its  proportion,  pursuant 

to  such  requisition,  then  the  Congress  may  assess  and 

levy  this  state's  proportion,  together  with  the   interest 

at  the  rate  of  six  per  centum,  per   annum,  from  the 

time  at  which  the  same  was  required  to  be  paid. 

Done  in  Convention  at  Poughkeepsie,  in  the  County 
of  Dutchess,  in  the  State  of  New  York,  the  26th  day 
of  July,  A.  D.  1788. 

By  order  of  the  Convention, 

Geo.  Clinton,  President. 
Attest,  John  M'Kesson,  j  ^s.cr.^ane.. 
Ab.  B.  Banker,    ) 


State  of  North  Carolina. 
Resolution     "Jw  Convention,. August  1st,  1788.     Resolved,  That 
of*Norti?^^  Declaration  of  Rights,  Q^sserting   and   securing  from 
Carolina,    encroachment  the  great  principles  of  civil  and  religious 
1188.  ^ '    liberty,  and   the    unalienable  rights  of  the  people,  to- 
gether with  amendments  to  the  most  ambiguous  and 
exceptionable  parts,  of  the  said  Constitution  of  govern- 
ment, ought  to  be  laid  before  Congress,  and  the  conven- 
^  tion  of  the  states  tliat  shall,  or  may  be  called,  for  the 

purpose  of  amending  the  said  Constitution,  for  their 
consideration,  previous  to  the  ratification  of  the  Consti- 
tution aforesaid,  on  the  part  of  the  state  of  North 
Carolina." 


Proceed-  The  ratification  of  the  Constitution  on  the  part  of 
congrcBs.  ^^^  state  of  New-Hampshire,  was  received  by  the  Con- 
gress on  the  second  day  of  July,  1788,  when  the  presi- 
dent suggested  that  this  was  the  ninth  ratification  trans- 
mitted and  laid  before  them  ;  Whereupon,  on  motion 
of  Mr.  Clark,  seconded  by  Mr.  Edwards,  it  was 
"  Ordered,  That  the  ratifications  of  the  Constitution 


THE   UNITED   STATES   OP  AMERICA.  979 

UNDER    THE    CONKEUKRATION.  PaRT    IV. 

of  the  United  States,  transmitted  to  Congress,  be  re-commit- 
fcrrcd  to  a  committee  to  examine  the  same,  and  report '*-'". ^^  ?*' 

'.        ,        \         ammation. 

an  act  to  congress  for  putting  the  said  constitution  into 
operation,  in  pursuance  of  the  resolutions  of  tlie  late 
Federal  Convention." 

The  Committee  appointed  under  this  resolution,  re- Report  of 
ported  to  Congress  on  the  fourteenth  day  of  the  same  mittee. 
month ;  which  report,  after  being  debated  from  time 
to  time,  was  finally  adopted  on  the  thirteenth  day  of 
September,  1788,  as  follows : 

"  On  the  question  to  agree  to  the  following  proposi- 
tion, it  was  resolved  in  the  affirmative,  by  the  unanimous 
votes  of  nine  states,  viz. :  of  New-Hampshire,  Massa- 
chusetts, Connecticut,  New- York,  New-Jersey,  Penn- 
sylvania, Virginia,  South  Carolina,  and  Georgia. 

Whereas  the  Convention  assembled  in  Philadelphia, 
pursuant  to  the  resolution  of  congress  of  the  twenty- 
first  February,  1787,  did,  on  the  seventeenth  of  Sep- 
tember, in  the  same  year,  report  to  the  United  States 
in  Congress  assembled,  a  Constitution  for  the  people  of 
the  United  States  ;  whereupon  congress,  on  the  twenty- 
eighth   of    the   same    September,    did   resolve   unani- 
mously— '  that  the  said  report,  with  the  resolutions  and  tJ^caiTv^" 
letter  accompanying  the  same,  be  transmitted  to  the  tiie  Coa- 
several  legislatures,  in  order  to  be  submitted  to  a  con- into  opera- 
vention  of  delegates  chosen  in  each  state  by  the  people  *'°°'  ^'^P* 

^  ^  tember 

thereof,  in  conformity  to  the  resolves  of  the  convention  isth,  1788. 
made  and  provided  in  that  case.'  And  ivhereas  the 
Constitution  so  reported  by  the  convention,  and  by  con- 
gress transmitted  to  the  several  legislatures,  has  been 
ratified  in  the  manner  therein  declared  to  be  sufficient 
for  the  establishment  of  the  same,  and  such  ratifica- 
tions duly  authenticated,  have  been  received  by  con- 
gress, and  are  filed  in  the  office  of  the  secretary,  there- 
fore— 

Resolved,  That  the  first  "Wednesday  in  January  next, 
be  the  day  for  appointing  electors  in  the  several  states, 


980  THE   GOVERNMENTAL   HISTORY    OP 

Part  IV.  the  perfect  and  perpetual  union 

Resolution  wliicli,  before  the  said  day,  shall  have  ratified  the  said 
the^Cou-  Constitution ;  that  the  first  Wednesday  in  February 
stitutioo     next,  be  the  day  for  the  electors  io  assemble  in  their 

into  opera-  ^.  ^  i        j      />  -r.        •  i 

tion,  Sep-   respective  states  and  vote  lor  a  rresident ;  and  that  the 
istb  T788  ^^^*'  Wednesday  in  March   next,  be  the  time,  and  the 
present  seat  of  Congress  the  place,  for  commencing  the 
proceedings  under  the  said  Constitution." 


The   government   accordingly  went  into   operation 

under  the  new  Constitution  ;  and  the  first  session  of 

Congress  was  held  under  it,  in  the  city  of  New  York,  on 
TliG  or- 
ganization  ^^^G  fourth  day  of  March,  1789.     It  was  composed  of 

of  the  gov- j^gi-i^J3gj.g  July  elected  from  New  Hampshire,  Massachu- 

crnment. 

setts,  Connecticut,  New  York,  New  Jersey,  Pennsylva- 
nia, Delaware,   Maryland,  Virginia,    South   Carolina, 
and  Georgia ;   those  states  having  respectively  ratified 
the  same. 
Prelimina-      A  quoruiii  of  the  wholo  number  of  senators  from 
zation  of"  ^^^^^°  statcs,  howcvcr,  did  not  take  their  seats  in  the 
the  senate,  senate  until  the  sixth  of  April,  when  the  credentials  of 
1789.      '  tliG  members  present  being  read,  and  ordered  to  be  filed, 
the  Senate  proceeded  by  ballot,  to  the  choice  of  a  presi- 
dent for  the  sole  purpose  of  opening  and  counting  the 
votes  for  President  and  Vice-president  of  the    United 
States.     John  Lang-don,  of  New  Hampshire,  was  elected 
president  of  the  senate  pro  tem. ;  and  on  his  taking  the 
chair  it  was 
Resolution      "ORDERED  That  Mr.  EUswovth  inform  the  House  of 
the  House  Representatives  that  a  quorum  of  the  Senate  is  formed; 
sentatlves  *^^^^  ^  president  is  elected  for  the  sole  purpose  of  open- 
ing the  certificates,  and  counting  the  votes  of  the  elec- 
tors of  the  several  states,  in  the  choice  of  a  President 
and  Vice-president  of  the  United  States  ;  and  that  the 
Senate  is  now  ready,  in  the  senate  chamber,  to  proceed, 
in  the  presence  of  the  House,  to  discharge  that  duty, 
and  that  the  Senate  have  appointed  one  of  their  mem- 
bers to  sit  at  the  clerk's  table  to  make  a  list  of  the  votes 
as  they  shall  be  declared,  submitting  it  to  the  wisdom 


THE   UNITED    STATES   OF   AMERICA.  981 

UNDER    THE    PRESENT    CONSTITUTION.  pART    IV. 

of  the  House  to  appoint  one  or  more  of  their  members  Orgauiza- 
for  the  like  purpose."  gterL'^' 

Mr.  Ellsworth  reported  "  that  he  had  delivered  the  '"cnt 

under  tliG 

message  ;"  and  Mr.  Boudinot,  from  the  House  of  Repre- constitu- 
sentatives,  informed  the   senate   that  the  house  wasVr^";^^^ 

'  1  ork, 

ready  forthwith  to  meet  them,  to  attend  to  the  opening  March  4th, 

.    1789 

and  counting  of  the  votes  of  the  electors  of  the  presi- 
dent  and  vice-president  of   the  United  States.     The  Meeting  of 
speaker  and  the  members  of  the  house  of  representa-  l^^\^^Qg  i^ 
tives    then    attended    in    the    senate    chamber :    The  count  the 
president,  elected  for  the  purpose  of  counting  the  votes,  president 
declared  that  the  senate  and  house  of  representatives^"'^ 7'^^" 

.  ,  *^  president, 

had  met:  He  then,  in  their  presence,  opened  and  April  6th. 
counted  the  votes  of  the  electors  for  president  and 
vice-president  of  the  United  States :  Whereby  it  ap 
peared,  and  was  by  him  declared,  that  George  Washing- 
ton, Esq.  of  Virginia,  was  unanimously  elected  Presi 
dent,  and  John  Adams,  of  Massachusetts,  was  elected 
Vice-President  of  the  United  States  of  America. 

On  the  twenty-first  day  of  April,  the  Vice-President  Introduc- 
was  conducted  into  the  senate  chamber  by  a  commit- y^^c-Pres- 

tee  previously  appointed  for  the  purpose  ;  where  he  i'^*^"* 

,  ,      ^  r     T         1        XI        •  .  -1  into  the 

was  met  by  Mr.  Langdon,  the  vice-president  pro  tcm., senate, 

on  the  floor  of  the  chamber,  who  addressed  him  as^^"^^^^*- 

follows : 

"  Sir  :  I  have  it  in  charge  from  the  senate  to  intro-  To  the 

duce  you  to  the  chair  of  this  house,  and  also,  to  con-f,^^''»^  ^! 
J  _  '  '  the  senate. 

gratulate  you  on  your  appointment  to  the  office  of  Vice- 
President  of  the  United  States  of  America." 

Mr.  Langdon  then  conducted  Mr.  Adams  to  the  chair, 
when  he  addressed  the  senate  as  follows : 

'■''Gentlemen  of  the  Senate: 

"Invited  to  this  respectable  situation  by  the  suffrages  His  inau- 
of  our  fellow-citizens,  according  to  the  Constitution,  Ijress**^' 
have  thought  it  my  duty  cheerfully  and  readily  to  ac- 
cept it.     Unaccustomed  to  refuse  any  public  service, 
however   dangerous   to   my  reputation,  or  dispropor- 
tioned  to  my  talents,  it  would  have  been  inconsistent 


982  THE   GOVERNMENTAL    HISTORY   OP 

Part  IV.  the  perfect  and  perpetual  union 

Organiza-  to  liavG  adoptcd  auotlier  maxim  of  conduct  at  this  time, 
go?em-^^^  when  the  prosperity  of  the  country  and  the  liberties 
ment  of  the  people,  require,  perhaps,  as  much  as  ever,  the 
cons^tHu-^  attention  of  those  who  possess  any  share  of  public  con- 

tion,  New    fidenCC. 
York 

March  4th,      "  I  should  be  destitute  of  sensibility,  if,  upon  my 
^'^^^-        arrival  in  this  city,  and  presentation  to  this  Legislature, 
nd  especially  to  this  Senate,  I  could  see  without  emo- 
tion, so  many  of  those  characters  of  whose  virtuous 
exertions  I  have   often  been  a  witness  ;  from  whose 
countenances  and  examples  I  have  ever  derived  encour- 
agement and  animation:    Whose  disinterested  friend- 
ship has  supported  me  in  many  intricate  conjunctures 
Inaugural  ^^  public  affairs,  at  home  and  abroad.     Those  cele- 
address  of  bratcd  defenders  of  the  liberties  of  this  country,  whom 
dent    ^  "'menaces  could  not  intimidate,  corruption  seduce,  or 
Adams,      flattery  allure  :    Those   intrepid  assertors  of  the  rights 
"  of  maiikind,  whose  philosophy  and  policy  have  enlight- 
ened the  world  in  twenty  years,  more  than  it  was  ever 
before  enlightened  in  many  centuries  by  Ancient  Schools 
or  modern  Universities. 

"  I  must  have  been  inattentive  to  the  course  of 
events,  if  I  were  either  ignorant  of  the  fame,  or  insen- 
sible to  the  merit,  of  those  other  characters  in  the  Sen- 
ate, to  whom  it  has  been  my  misfortune  to  have  been 
hitherto  personally  unknown. 

"  It  is  witli  satisfaction  that  I  congratulate  the  people 
of  America  on  the  formation  of  a  National  Constitution, 
and  the  fair  prospect  of  a  consistent  administration  of 
a  government  of  laws  :  On  the  acquisition  of  a  House 
of  Representatives,  chosen  by  themselves :  Of  a  Senate 
thus  composed  by  their  own  State  Legislatures :  And 
on  the  prospect  of  an  Executive  Authority  in  the  hands 
of  one  whose  portrait  I  shall  not  presume  to  draw. 
Were  I  blessed  with  powers  to  do  justice  to  his  charac- 
ter, it  would  be  impossible  to  increase  the  confidence 
or  affection  of  his  country,  or  make  the  smallest  addi- 
tion to  his  glory :  This  can  only  be  affected  by  a  dis- 


THE   UNITED   STATES  OP   AMERICA.  983 

UNDER    THE    PRESENT    CONSTITUTION.  PaRT    IV. 

charge  of  the  present  exalted  trust  on  the  same  priu-  Organiza- 
ciplcs,  witli  the  same  abilities  and  virtues,  which  have  ^'^"p^jj,^  ^^ 
uniformly  appeared  in  all  his  former  conduct,  public  "'C"* 
or  private.     May  I,  nevertheless,  be   indulged   to  in-coustitu- 
quire,  if  we  look  over  the  catalogue  of  the  first  magis-Y^"' ^*^^^ 
trates   of    nations,  whether    they   have   been    deiioin- March  4th, 
inatcd   presidents  or  consuls,  kings  or  princes,  where 
shall  we  find  one  whose  commanding   talents    and  vir- 
tues, whose   over-ruling  good  fortune,  have   so   com- 
pletely united    all   hearts   and  voices    in    his    favor ; 
who    enjoyed  the  esteem  and  admiration   of    foreign 
nations    and    fellow-citizens    with    equal   unanimity  ? 
Qualities   so  uncommon,  are  no  common  Ijlessings  to 
the  country  that  possesses  them.    By  those  great  quali- |[^j"°"J"Qf 
ties,  and  their  benign  effects,  has  Providence  marked  Vice-rresi- 
out  the  head  of  this  nation,  with  a  hand  so  distinctly  ^Xms 
visible,  as  to  have  been  seen  by  all  men  and  mistaken  -^P"i  2i8t. 
by  none. 

"It  is  not  for  mo  to  interrupt  your  deliberations  by 
any  general  observations  on  the  state  of  the  nation,  or 
by  recommending  or  proposing  any  particular  measure. 
It  would  be  superfluous  to  gentlemen  of  your  great 
experience,  to  urge  the  necessity  of  order.  It  is  only 
necessary  to  make  an  apology  for  myself.  Not  wholly 
without  experience  in  public  assemblies,  I  have  been 
more  accustomed  to  take  a  share  in  their  debates  than 
to  preside  in  their  deliberations.  It  shall  be  my  con- 
stant endeavor  to  behave  towards  every  member  of  this 
most  honorable  body  with  all  that  consideration,  deli- 
cacy, and  decorum,  which  becomes  the  dignity  of  his 
station  and  character ;  but  if  from  inexperience  or 
inadvertency,  anything  should  ever  escape  me  incon- 
sistent with  propriety,  I  must  entreat  you,  by  imputing 
it  to  its  true  cause,  and  not  to  any  want  of  respect,  to 
pardon  and  excuse  it. 

"^  trust  of  the  greatest  magnitude  is  committed  to 
this  Legislature,  and  the  eyes  of  the  world  are  upon 
you.     Your  country  expects,  from  the  results  of  your 


984  THE   GOVERNMENTAL   HISTORY   OF 

Part  IV.  the  perfect  and  perpetual  union 

Orgaiiiza-  deliberations,  in  concurrence  with  the  other  branches 
"overn-  ^  ^^  ^^^^  government,  consideration  abroad  and  content- 
ment ment  at  home  ;  prosperity,  order,  justice,  peace,  and 
constitu-  liberty.  And  may  God  Almighty's  Providence  assist 
y°"L^*^^  you  to  answer  their  iust  expectations." 

])Iarch  4th  

The  President  elect,  having  been  formally  notified  of 
Time  ap-    his  election,  signified   to    Congress,  at   their   request, 
the^nau-^^  that  any  time  and  place,  and  any  manner,  which  should 
guration     appear  most  eligible  to  them  for  his  inauguration,  would 
President.  ^^^  convenient  and  acceptable  to  him.      Accordingly 
Thursday,  the  thirtieth  day  of  April,  1789,  was  fixed 
as  the  time,  and  the  gallery  in  front  of  the  senate  cham- 
ber as  the  place,  for  conducting  the  ceremonial  of  his 
formal  reception  and  inauguration. 
Progress        After  having  resigned  his  command  of  the  American 
President  ^I'^ies,  Washington  retired  to  his  farm  in  Virginia, 
elect  from  -where  ho  remained  until  he  was  called  upon  to  partici- 
Veruon  to  pa.te  in  its  deliberations  by  being  appointed  a  delegate 
New- York.  |q  ^j^q  Federal  Convention.     After  having  discharged 
his   duties  there  he   again  retired  to  Mount  Vernon, 
where  he  received  the  intelligence  of  his  election  to  the 
highest  station   in   the   gift  of  his   country.     Though 
plainly  unambitious  of  public  honors   or   distinction, 
and  coveting  the  repose  to  which   he  had   retired,  he 
nevertheless  yielded  to  his  convictions  of  duty,  and  the 
wishes  of  his  countrymen,  and  set  out  for  New  York. 
His  progress  is  thus  described  by  a  cotemporary :  "  The 
roads  were  crowded  with  numbers  anxious  to  see  the 
MAN  of  the  people.     Escorts  of  militia,  and  of  gentlemen 
of  the  first  character  and  station,  attended  him  froiii  state 
to  state,  and.  he  was  everywhere  received  with  the  high- 
est honors  which  a  grateful  and  admiring  people  could 
confer.     Addresses  of  congratulation  were  presented  to 
him  by  the  inhabitants  of  almost  every  place  of  con- 
sequence through  which  he  passed  ;  to  all  of  which  he 
returned  such  modest,  unassuming  answers,  as  were  in 
every  respect  suitable  to  his  situation. 


THE  UNITED   STATES   OF  AMERICA.  985 

UNDER   THE    PRESENT    CONSTITUTION.  PaUT    IV. 

"  So  great  were  the  honors  with  which  he  was  loaded,  Organiza- 
that  they  could  scarcely  have  failed  to  produce  haugh-  .'""^^n. 
tiiiess  ill  the  mind  of  any  ordinary  man ;  but   nothing  '"^'^t 

.,,1.1  T  1     •       j^i  •  J.  T  under  the 

of  the  kind  was  ever  discovered  in  this  extraordinary  constitu- 
personage.     On  all  occasions   he   behaved  to  all  menY^"'^°^' 
with  the  affability  of  one  citizen  to  another.     lie  was  March  4th, 

17S'J 

truly  great  in  deserving  the  plaudits  of  his  country,  but 
much  greater  in  not  being  elated  witli  them. 

"  Gray's  bridge  over  the  Schuylkill,  which  General 
"Washington  had  to  pass,  was  highly  decorated  with 
laurels  and  evergreens.  At  each  end  of  it  were  erected 
magnificent  arches  composed  of  laurels,  emblematical 
of  the  ancient  Roman  triumphal  arches  ;  and  on  each 
side  of  the  bridge  was  a  laurel  shrubbery.  As  Wash- Progress 
ington  passed  the  bridge,  a  youth  ornamented  with  p),pgjjeQt 
sprigs  of  laurel,  assisted  by  machinery  contrived  for  the  elect  from 
purpose,  let  drop  above  his  head,  though  unperceived  vemon  to 
by  him,  a  Civic  Crown  of  laurel.  Upwards  of  twenty  N^ew-York. 
thousand  citizens  lined  the  fences,  fields,  and  avenues, 
between  the  Schuylkill  and  Philadelphia ;  through 
these  he  was  conducted  to  the  city  by  a  numerous  and 
respectable  l)ody  of  the  citizens,  where  he  partook  of 
an  elegant  entertainment  provided  for  him.  The  pleas- 
ures of  the  day  were  succeeded  by  a  handsome  dis- 
play of  fireworks  in  the  evening.  When  Washington 
crossed  the  Delaware,  and  landed  on  the  Jersey  shore, 
he  was  saluted  with  three  cheers  by  the  inhabitants  of 
the  vicinity.  When  he  came  to  the  brow  of  the  hill, 
on  his  way  to  Trenton,  a  triumphal  arch  was  erected 
on  tlie  bridge,  by  the  direction  of  the  ladies  of  the  place  ; 
the  crown  of  the  arch  was  highly  ornamented  with  im- 
perial laurels  and  flowers,  and  on  it  was  displayed  in 
large  figures  December  twenty-sixth,  1776.  On  the 
sweep  of  the    arch,  beneatli,  was  the   inscription  the 

DEFENDER  OF  THE  MOTHERS  WILL  ALSO  PROTECT  THEIR 

DAUGHTERS.  On  the  north  side  were  ranged  young  girls 
dressed  in  white,  with  garlands  of  flowers  on  their 
heads,  and  baskets  of  flowers  on  their  arms ;  in  the 


986  THE  GOVERNMENTAL  HISTORY  OF 

Part  IV.  the  prefect  and  perpetual  union 

Organiza-  secoiid  row  stood  the  young  ladies,  and  behind  them  the 
tion  of  the  jj^aj-ried  ladies  of  the  town.     The  instant  he  passed  the 

govern-  ,  ■■■ 

ment        ai'ch,  the  young  girls  began  to  sing  the  following  ode : 

under  the 

t°     n"'  .  *  Welcome,  mighty  chief,  once  more, 

York  Welcome  to  this  grateful  shore : 

March  4th,  Now  no  mercenary  foe 

l'S9*  Aims  again  the  fatal  blow, 

Aims  at  thee  the  fatal  blow. 
Virgins  fair  and  matrons  grave, 
Those  thy  conquering  arm  did  save, 
Build  for  thee  triumphal  bowers : 
Strew,  ye  fair,  his  way  with  flowers, 
Strew  your  Hero's  way  with  flowers.' 

Progress  "As  they  sung  the  last  lines  they  strewed  their  flow- 
president  ^^s  on  the  road  before  their  beloved  deliverer.  His 
elect  to  situation  on  this  occasion,  contrasted  with  what  he  had, 
'  in  December,  1776,  felt  on  the  same  spot,  when  the 
affairs  of  America  were  at  the  very  lowest  ebb  of  de- 
pression, filled  him  with  sensations  which  cannot  be  de- 
scribed. He  was  rowed  across  the  bay  from  Elizabeth- 
town  to  New  York,  in  an  elegant  barge,  by  thirteen 
pilots.  All  the  vessels  in  the  harbor  hoisted  their  flags. 
Stairs  were  erected  and  decorated  for  his  reception. 
On  his  landing,  universal  joy  diffused  itself  through 
every  order  of  the  people,  and  he  was  received  and 
congratulated  by  the  Governor  of  the  state,  and  officers 
of  the  Corporation.  He  was  conducted  from  the  land- 
ing-^lace  to  the  house  which  had  been  fitted  up  for  his 
reception,  and  was  followed  by  an  elegant  procession  of 
militia  in  their  uniforms,  and  by  a  great  number  of 
citizens.  In  the  evening  the  houses  and  public  build- 
ings of  the  city  were  brilliantly  illuminated. 

"  The  thirtieth  day  of  April  was  fixed  for  taking  the 
oath  of  office. 

"  On  the  morning  of  the  day  appointed  for  the  pur- 
pose, the  clergy  of  the  different  denominations  assem- 
bled their  congregations  in  their  respective  places  of 
worship,  and  offered  up  public  prayers  for  the  people 
and  the  President  of  the  United  States.     About  noon, 


THE   UNITED   STATES   OP   AMERICA.  987 

UNDER   THE    PRSSENT    CONSTITUTION.  PaRT    IV. 

a  procession  of  military,  followed  by  a  multitude  of  citi-  Organiza- 
zens,  and  civic  associations,  moved  from  the  President's  ^'°"  of  the 
house  to  Federal  Hall,  where  the  Congress  was  in  session  inent 
awaiting  liis  presence.     When  they  came  within  a  short  constitu- 
distance  from  the  hall,  the  troops  formed  a  line  on  both  i'°"'  „   . 

New-York, 

sides  of  the  way,  through  which  Washington,  accom- March  4th, 
panicd  by  the  Vice-President,  John  Adams,  passed  into  ^  '^''^' 
the  hall. 

Previous  to  his  entrance  into  the  senate  chamber,  The  for- 
Mr.  Lee,  in  behalf  of  the  committee  appointed  to  take  tl'on  oTthe 
order  for  conducting  the  ceremonial  of  the  formal  re-  president 
ception  of  the  President  of  the  United  States,  informed  congress, 
the  senate  that  the  matter  was  adjusted.     The  house 
of  representatives  were   notified  that  the  senate  were 
ready  to  receive  them  in  the  senate  chamber,  to  attend 
the  President  of  the  United  States,  while  taking  the 
oath  required  by  the   Constitution.     Whereupon,  the 
house  of  representatives,  preceded  by  their  speaker,  came 
into  the  senate  chamber,  and  took  the  seats  assigned 
them.     The  joint  committee  of  both  houses,  preceded  ^"augura- 
by  their  chairman,  agreeably  to  order,  introduced  the  president. 
President  of  the  United  States  to  the  senate  chamber,  -^l^"'  ^'^*^- 
where  he  Avas  received  by  the  Vice-President,  who  con- 
ducted him  to  the  chair,  and  informed   him  '  that    the 
Senate   and  House  of  Representatives  of  the   United 
States  were  ready  to  attend  him,  to  take  the  oath  re- 
quired by  the  Constitution,  and  that  it  would  be  ad- 
ministered by  the  Chancellor  of  the  state  of  New- York.' 
To  which  the  President  replied,  that  he  was  ready  to 
proceed.     He  was  then  attended  to  the  gallery*  in  front  *^*^con7? 
of  the  senate  chamber  and  opposite  to  Bond  street,  by 
the  vice-president  and  senators,  the  speaker  and  repre- 
sentatives, and  other  public  characters  present,  where, 
before  them,  and  in  sight  of  an  immense  concourse  of 
citizens,  the  oath  was  administered  to  him  by  Robert 
R.  Livingston,  Esq.,  Chancellor  of  the  state  of  New-+*^""al3of 
York,    in   the    words   provided   by  the    Constitution,  VoL^L^^' 
viz.  rf 


988  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  perfect  and  perpetual  union 

Organiza-       "  I  do  Solemnly  swear  that  I  will  faithfully  execute 
tion  of  the  ^1^^     ^^Q  ^jf  President  of  the  United  States,  and  will 

govera-  _  ' 

mont         to  the  best  of  my  ability,  preserve,  protect  and  defend 

Constitu-°  the  Constitution  of  the  United  States." 

tion,  The  Chancellor  then  turned  and  proclaimed  "  lonff 

^cw  York 

March  4th]  Kvo     Geofge     Washington,   President    of    the    United 
^'^^'^'         States;^''  and  was  answered  by  the  ringing  acclama- 
tions of  the  immense  multitude. 
Tlie  inau-        On  this  occasion  Washington  was  clothed  entirely  in 
fj^J^p^j^^^,""^ fabrics   of    American   manufacture.     "While  he   was 
dent,         taking  the  oath,"  says  an  eye-witness,  "  an  awful  silence 
^"        '  prevailed  among  the  spectators  during  this  part  of  the 
ceremony.     It  was  a  minute  of  the  most  sublime  polit- 
ical joy.      The    proclamation   of  the  Chancellor  was 
answered  by  the  discharge  of  thirteen  minnte  guns ; 
and  by  the  effusion  of  shouts  from  near  ten  thousand 
grateful  and  affectionate  hearts.     The  president  bowed 
most  respectfully  to  the  people,  and  the  air  resounded 
again  with  their  acclamations.     He  then  retired  to  his 
seat  in  the  senate  chamber ;    after  a  short  pause  he 
arose  and  addressed  an  animated  speech  to  both  houses; 
in  which  his  language  not  only  expressed  his  own  feel- 
ings on  the  solemn  occasion,  but  likewise  discovered 
his  anxiety  and  concern  for  the  welfare  and  happiness 
of  the  people  in  whose  cause  he  had  before  risked  his 
life.     Several  circumstances  tended  to  render  the  scene 
of  his  inauguration  unusually  solemn  ;    the  presence 
of  the  beloved  father  and  deliverer  of  his  country ; 
the  impressions  of  gratitude  for  his  past  services ;  the 
vast  concourse  of  spectators  ;  the  devout  fervency  with 
which  he  repeated  the  oath,  and  the  reverential  manner 
in  which  he  boived  to  kiss  the  sacred  volume  ;  these  cir- 
cumstances, together  with  that  of  his  being  chosen  to 
the  most  dignified  office  in  America,  and  perhaps  in  the 
world,  by  the  unanimous  voice  of  more  than  three  mil- 
See  Win-    lio"s  of  enlightened  freemen,  all  conspired  to  place 
terboth-     i\^[^  among  the  most  august  and    interesting  scenes 
America,    whicli  havc  cvcr  bccu  exhibited  on  this  globe."     "  It 


THE   UNITED   STATES   OF   AMERICA.  989 

UNDER   THE    PRESENT    CONSTITUTION.  TaUT    IV. 

SGcmed,  from  the  number  of  witnesses,"  said  another  Orgaiiiza- 
spectator  of  the  scene,  "  to  bo  a  solemn  appeal  to  heav-  !,overu-   '^ 
en  and  earth  at  once  :     Upon  the  subject  of  this  great  '"ent 
and  good  man,  I  may,  perhaps,  be  an  enthusiast;  but^oustitu- 
I  confess,  I  was  under  an  awful  and  religious  persuasion  l',^"-  „   , 

'  ^  ^  New-York, 

that  the  gracious  Ruler  of  the  Universe  was  looking  March  4th, 
down  at  that  moment  witli  peculiar  complacency  on 
the  act,  which,  to  a  part  of  his  creatures,  was  so  very  jj,^^„y^j^. 
important.     Under  this  impression,  when  the  Chancel- t'on  of  the 

,  -,     .  ^     ,.  president, 

lor  pronounced,  in  a  very  ieeling  manner,  long  live  April  30th. 
George  Washington,  my  sensibility  was  wound  up  to 
such  a  pitch,  that  I  could  do  no  more  than  wave  my 
hat  with  the  rest,  without  the  power  of  joining  in  the 
repeated  acclamations  which  rent  the  air. "  * 

"Washington's  Inaugural  Address. 

*'■  Fellow- Citizens  of  the  Senate  and 

House  of  Representatives: 
"Among  the  vicissitudes  incident  to  life,  no  event 
could  have  filled  me  with  greater  anxieties  than  that 
of  which  the  notification  was  transmitted  by  your 
order,  and  received  on  the  fourteenth  day  of  the  pres- 
ent month.*  On  the  one  hand,  I  was  summoned  by  my  *  ApriL 
country,  whose  voice  I  can  never  hear  but  with  venera- 
tion and  love,  from  ti  retreat  which  I  had  chosen  with 
the  fondest  predilection,  and,  in  my  flattering  hopes 
v>nth  an  immutable  decision,  as  the  asylum  of  my  de- 
clining years  ;  a  retreat  which  was  rendered  every  day 
more  necessary  as  well  as  more  dear  to  me,  by  the 
addition  of  habit  to  inclination,  and  of  frequent  inter- 
ruptions in  my  health,  yielding  to  the  gradual  waste 
committed  on  it  by  time.  On  the  other  hand,  the  mag- 
nitude and  difficulty  of  the  trust  to  which  the  voice  of 
my  country  called  me,  being  sufficient  to  awaken  in  the 
wisest  and  most  experienced  of  her  citizens  a  distrust- 
ful scrutiny  into  his  qualifications,  could  not  but  over- 
whelm with  despondence  one,  who,  inheriting  inferior  *"^i°ter- 

„  ,  .,.,,.      botham's 

endowments  from  nature,  and  unpracticed  in  the  duties  America. 


990  THE   GOVERNMENTAL   HISTORY   OP 

Part  IV.  the  perfect  and  perpetual  union 

Organiza-  of  civil  administration,  ought  to  be  peculiarly  conscious 
ffovern-^  ^  ^^  ^^^^  ^^^  deficiencies.  In  this  conflict  of  emotions, 
ment  all  I  dare  aver,  is,  that  it  has  been  my  faithful  study  to 
constitu-  collect  my  duty  from  a  just  appreciation  of  every  cir- 
*'°°'  ^  ,   cumstance  by  which  it  miarht  be  afiected.     All  I  dare 

New- York,  •'  ° 

March  4th,  liopc,  is,  that  if  in  executing  this  task,  I  have  been  too 
much  swayed  by  a  grateful  remembrance  of  former 
instances,  or  by  an  affectionate  sensibility  to  this  trans- 
cendant  proof,  of  the  confidence  of  my  fellow-citizens, 
and  have  thence  too  little  consulted  my  incapacity  as 
well  as  disinclination,  for  the  weighty  and  untried  cares 
before  me ;  my  error  will  be  palliated  by  the  motives 
which  misled  me,  and  its  consequences  be  judged  by 
my  country  with  some  share  of  the  partiality  in  which 
they  originated. 
Washing-  "  Such  being  the  impressions  under  which  I  have,  in 
gurai  obedience  to  the  public  summons,  repaired  to  the  pres- 
address,  ent  station ;  it  would  be  peculiarly  improper  to  omit, 
in  this  first  official  act,  my  fervent  supplications  to  that 
Almighty  Being  who  rules  over  the  universe,  who  pre- 
sides in  the  councils  of  nations,  and  whose  providen- 
tial aids  can  supply  every  human  defect,  that  His  ben- 
ediction may  consecrate  to  the  liberties  and  liappiness 
of  the  people  of  the  United  States,  a  government  insti- 
tuted by  themselves  for  these  esg'ential  purposes,  and 
may  enable  every  instrument  employed  in  its  adminis- 
tration, to  execute  with  success  the  functions  allotted 
to  his  charge.  In  tendering  this  homage  to  the  Great 
Author  of  every  public  and  private  good,  I  assure  my- 
self that  it  expresses  your  sentiments  not  less  than  my 
own  ;  nor  those  of  my  fellow-citizens  at  large  less  than 
either.  No  people  can  be  bound  to  acknowledge  and 
adore  the  invisible  hand  which  conducts  the  affairs  of 
men,  more  than  the  people  of  the  United  States. 
Every  step  by  which  they  have  advanced  to  the  charac- 
ter of  an  independent  nation,  seems  to  have  been  dis- 
tinguished by  some  token  of  Providential  agency.  And 
in  the  important  revolution  just  accomplished  in  the 


THE   UNITED    STATES   OF   AMERICA.  991 

UNDER    THE    PRESENT    CONSTITUTION.  I'aRT    IV. 

system  of  their  united  government,  the  tranquil  delib- Organiza- 
crations,  and  voluntary  consent,  of  so  many  distinct  ^'^"^"^, 
communities,  from  which  the  event  has  resulted,  can- ">cnt 
not  be  compared  with  the  means  by  which  most  gov-  constitu- 
ernmcnts  have  been  established,  without  some  return  ^',<'"'  ,^   , 

'  .        .  New  York, 

of  pious  gratitude,  along  with  humble  anticipation  of  March  4th, 
the  future  blessings  which  the  past  seems  to  presage.  '  * 
These  reflections,  arising  out  of  the  present  crisis,  have 
forced  themselves  too  strongly  upon  my  mind  to  be 
suppressed.  You  will  join  with  me,  I  trust,  in  think- 
ing that  there  are  none  under  the  influence  of  which  tho 
proceedings  of  a  new  and  free  government  can  more 
auspiciously  commence. 

"By  the  article  establishing  the  Executive  Depart- Washing- 
ment,  it  is  made  the  duty  of  the  residentP  'to  recom- *°" V""^^* 

.  .  gural 

mend  to  your  consideration  such  measures  as  he  shall  address, 
judge  necessary  and  expedient.'  The  circumstances  ^" 
under  which  I  now  meet  you  will  acquit  me  from  en- 
tering into  that  subject,  further  than  to  refer  to  the 
great  constitutional  charter  under  which  you  arc  assem- 
bled, and  which,  in  defining  your  powers,  designates 
the  objects  to  which  your  attention  is  to  be  given.  It 
will  be  more  consistent  with  those  circumstances,  and 
far  more  congenial  with  the  feelings  which  actuate  me, 
to  substitute,  in  place  of  a  recommendation  of  particu- 
lar measures,  the  tribute  that  is  due  to  the  talents,  the 
rectitude,  and  the  patriotism,  which  adorn  the  charac- 
ters selected  to  devise  and  adopt  them.  In  these  hon- 
orable qualifications,  I  behold  the  surest  pledges  that, 
as  on  one  side  no  local  prejudices  or  attachments,  no 
separate  views,  no  party  animosity,  will  misdirect  tho 
comprehensive  and  equal  eye  wduch  ought  to  watch 
over  this  great  assemblage  of  communities  and  inter- 
ests ;  so  on  another,  that  the  foundations  of  our  national 
policy  will  be  laid  in  the  pure  and  immutable  principles 
of  private  morality ;  and  the  pre-eminence  of  free  gov- 
ernment be  exemplified  by  all  the  attributes  which  can 
win  the  affections  of  its  citizens,  and  command  the 


992  THE   GOVERNMENTAL    UISTORY   OF 

Part  IV.  the  perfect  and  perpetual  union 

Orgauiza-  respect  of  the  world.  I  dwell  on  this  prospect  with 
"overn-*  ^  cvcry  satisfaction  which  an  ardent  love  for  my  country 
nieut  can  inspire  ;  since  there  is  no  truth  more  thoroughly 
Constitu-  established,  than  that  there  exists  in  the  economy  and 
t'°"'  ,^   ,   course  of  nature,  an  indissoluble  union  between  virtue 

New  York, 

March  4th,  and  happincss  ;  between  duty  and  advantage  ;  between 
^^^^*  the  genuine  maxims  of  an  honest  and  magnanimous 
policy,  and  the  solid  rewards  of  public  prosperity  and 
felicity ;  since  we  ought  to  be  no  less  pursuaded,  that 
•  the  propitious  smiles  of  heaven  can  never  be  expected, 
on  a  nation  that  disregards  the  eternal  rules  of  order 
and  right  which  heaven  itself  has  ordained  :  And 
since  tlie  preservation  of  the  sacred  fire  of  liberty,  and 
the  destiny  of  the  republican  model  of  government,  are 
justly  considered  as  deeply,  perhaps  as  finally,  staked 
on  the  experiment  entrusted  to  the  hands  of  the  Amer- 
ican People. 
"Washing-  "  Besides  the  ordinary  objects  submitted  to  your 
gurai  '  care,  it  will  remain  with  your  judgment  to  decide,  how 
address,  fr^^.  ^n  cxercisc  of  the  occasional  power,  delegated  by 
the  fifth  article  of  the  Constitution,  is  rendered  expe- 
dient at  the  present  juncture,  by  the  nature  of  objec- 
tions which  have  been  urged  against  the  system,  or  by 
the  degree  of  inquietude  wliich  has  given  birth  to  them. 
Instead  of  imdertaking  particular  recommendations  on 
this  subject,  in  which  I  could  be  guided  by  no  lights 
derived  from  official  opportunities,  I  shall  again  give 
way  to  my  entire  confidence  in  your  discernment  and 
pursuit  of  the  public  good.  For  I  assure  myself,  that 
while  you  carefully  avoid  every  alteration  which  might 
end.anger  the  benefits  of  an  united  and  effective  gov- 
ernment, or  which  ought  to  await  the  future  lessons  of 
experience  ;  a  reverence  for  the  characteristic  rights  of 
freemen,  and  a  regard  for  the  public  harmony,  will 
sufficiently  influence  your  deliberations  on  tlie  ques- 
tion, how  far  the  former  can  be  more  imprognably  for- 
tified, or  the  latter  be  safely  and  advantageously  pro- 
moted. 


THE  UNITED    STATES  OF  AMERICA.  993 


UNDER    THE    PRESENT    CONSTITUTION.  PaRT    IV. 


"  To  the  preceding  observations  I  have  one  to  add,  Organiza- 
which  will  be  most  properly  addressed  to  the  House  of  ''""  °^  *^® 

i.       I        J  goveru- 

Rcprescntatives.     It  concerns  myself,  and  will  there-  "ipnt 
fore  be  as  brief  as  possible.     When  I  was  first  honored  cofisutu-*' 
with  a  call  into  the  service  of  my  country,  then  on  the  *'*^°- 

New  York 

eve  of  an  arduous  struggle  for  its  liberties,  the  light  in  March  uh, 
which  I  contemplated  my  duty  required  that  I  should  ^^^^* 
renounce  every  pecuniary  compensation.  From  this 
resolution  I  have  in  no  instance  departed.  And  being 
still  under  the  impressions  which  produced  it,  I  must 
decline,  as  inapplicable  to  myself,  any  share  in  the  per- 
sonal emoluments  which  may  be  indispensably  included 
in  a  permanent  provision  for  the  Executive  Department ; 
and  must  accordingly  pray,  that  the  pecuniary  esti- 
mates for  the  station  in  which  I  am  placed,  may,  during 
my  continuance  in  it,  be  limited  to  such  actual  expend- 
itures as  the  public  good  may  require. 

"Having  thus  imparted  to  you  my  sentiments  as  they  Washing- 
have  been  awakened  by  the  occasion  which  brings  us  *"^°'^  ■^?' 

*'  °  augural 

together,  I  shall  take  my  present  leave  ;  but  not  with-  Address. 
out  resorting  once  more  to  the  benign  Parent  of  the  ^  ^ 
human  race,  in  humble  supplication,  that  since  He  has 
been  pleased  to  favor  the  American  people  with  oppor- 
tunities for  deliberating  in  perfect  tranquillity,  and 
dispositions  for  deciding  with  unparalleled  unanimity, 
on  a  form  of  government  for  the  security  of  their 
union,  and  the  advancement  of  their  happiness ;  so 
His  divine  blessing  may  be  equally  conspicuous,  in  the 
enlarged  views,  the  temperate  consultations,  and  the 
wise  measures,  on  which  the  success  of  the  government 
must  depend. 

George  Washington." 


The  House  of  Representatives  thereupon  appointed 

a  committee  to  prepare  an  address  on  the  part  of  the 

House,  in  reply  to  that  of  the  President  of  the  United 

States  to  both  Houses  of  Congress.     Mr.  Madison  from 

that  committee  reported  an  address,  which  was  adopted, 

as  follows: 

63 


994  THE   GOVERNMENTAL   HISTORY   OF 

PaKT    IV.  THE    PERFECT    AND    PERPETUAL    UNION 

tiou'^orthe  Reply  op  the  House  of  Representatives. 

nTenT"  "  SiR : — The  Representatives  of  the  peoiDle  of  the 

uuderthe  United  States,  present   their  conffratulations   on   the 

(onStltU-  n  n 

tion.  event  by  which  your  fellow-citizens  have  attested  the 

MarcJ4th'  pre-emincnce  of  your  merit.     You  have  long  held  the 
17  89.        first  place  in  their  esteem.     You  have  often  received 
tokens  of  their  affection.     You  now  possess  the  only 
proof  that  remained  of  their  gratitude  for  your  servi- 
ces, of  their  reverence  for  your  wisdom,  and  of  their 
confidence  in  your  virtues.     You  enjoy  the  highest, 
because  the  truest  honor,  of  being  the  first  magistrate, 
by  the  unanimous  choice  of  the  freest  people  on  the 
face  of  the  earth.     We  well  know  the  anxieties  with 
which  you  must  have  obeyed  a  summons  from  the 
repose  reserved  for  your  declining  years,  into  public 
Reply  of    scenes,  of  which  you  had  taken  your  leave  forever, 
tho  House  jg^  ^i^Q  obedience  was  due  to  the  occasion.      It  is 

of  Repre- 
sentatives already  applauded  by  the  universal  joy  which  welcomes 

au-^urai  '  7^^^  ^^  your  statiou.  And  we  cannot  doubt  that  it  will 
Address  jj^  rewarded  with  all  the  satisfaction  with  which  an 
President,  ardent  love  for  your  fellow-citizens  must  review  suc- 
May  5th.  (.^ggfui  efforts  to  promote  their  happiness.  This  antici- 
pation is  not  justified  merely  by  the  past  experience  of 
your  signal  services.  It  is  particularly  suggested  by 
the  pious  impressions  under  which  you  commence 
your  administration,  and  the  enlightened  maxims  by 
which  you  mean  to  conduct  it.  "VVe  feel,  with  you,  the 
strongest  obligations  to  adore  the  invisible  hand  which 
has  led  the  American  people  through  so  many  difficul- 
ties ;  to  cherish  a  conscious  responsibility  for  the  destiny 
of  republican  liberty  ;  and  to  seek  the  only  sure  means 
of  preserving  and  recommending  the  precious  deposit 
in  a  system  of  legislation  founded  on  the  principles  of 
an  honest  policy,  and  directed  by  the  spirit  of  a  diffu- 
sive patriotism. 

"  The  question  arising  out  of  the  fifth  article  of  the 
Constitution,  will  receive  all  the  attention  demanded 


THE  UNITED   STATES   OP   AMERICA.  995 

UNDKU    THE    PRESKNT    CONSTITUTION.  TaRT    IV. 

by  its  importance  ;  and  will,  we  trust,  be  decided  under  Organiza- 
the  influence  of  all  the  considerations  to  which  joi-i  t'" vcru."^^^^ 
alludQ.     In  forming  the  pecuniary  provisions  for  the  "lont 
Executive  Department,  we  shall   not  lose  sight  of  acoustitu- 
wish  resulting  from  motives  which  give  it  a  peculiar  H°"-  „   , 

1      .  .  >*cw  York, 

claim  to  our  regard.  Your  resolution,  m  a  moment  March  4th, 
critical  to  the  liberties  of  your  country,  to  renounce  ''^' 
all  personal  emolument,  was  among  the  many  presages 
of  your  patriotic  services  which  have  been  amply  ful- 
filled ;  and  your  scrupulous  adherence  now,  to  the  law 
then  imposed  on  yourself,  cannot  fail  to  demonstrate 
the  purity,  whilst  it  increases  the  lustre,  of  a  character 
which  has  so  many  titles  to  admiration. 

"  Such  are  the  sentiments  which  we  have  thought  fit 
to  address  to  you.  They  flow  fi'om  our  own  hearts; 
and  we  verily  believe  that,  among  the  millions  we  rep- 
resent, there  is  not  a  virtuous  citizen  whose  heart  wiU 
disown  them.  All  that  remains  is,  that  we  join  in  our 
fervent  supplications  for  the  blessings  of  Heaven  on  our 
country ;  and  that  we  add  our  own  for  the  choicest  of 
these  blessings  on  the  most  beloved  of  her  citizens. 

In  Co)ig-rcss,  May  5,  1789." 


On  Monday,  the  eighteenth  day  of  May,  the  Senators  Answer  of 
waited  on  the  President  of  the  United  States,  at  his  to  the 
own  house,  when  the  Vice-President,  in  their  name,-^''^^"'^°*''' 

IT  11-  IT  /•  Inaugural 

delivered  to  mm  an  address  "in  answer  to  his  speech  Address, 
delivered  to  the  Senate  and  House  of  Representatives  ^^^  ^^*'^* 
of  the  United  States,"  as  follows : 

Answer  of  the  Senate  to  the  President's  Address. 

"Sir: — We,  the  Senate  of  the  United  States,  retiirn 
you  our  sincere  thanks  for  your  excellent  speech,  deliv- 
ered to  both  Houses  of  Congress ;  congratulate  you  on 
the  complete  organization  of  the  Federal  Government ; 
and  felicitate  ourselves  and  our  fellow-citizens  on  your 
elevation  to  the  office  of  President ;  an  office  highly 
important  by  the  powers  constitutionally  annexed  to  it, 


996  THE   GOVERNMENTAL   HISTORY  OF 

PaKT  IV.  THE  PERFECT  AND  PERPETUAL  UNION 

Organiza-  and  extremely  honorable  from  the  manner  in  which 
govern-  °  ^^^°  appointment  is  made.  The  unanimous  suffrage  of 
nuntuii-  the  elective  body  in  your  favor,  is  peculiarly  expressive 
Constiiu-  of  the  gratitude,  confidence,  and  affection  of  the  citi- 
New  York  ^"^"^  ^^  America,  and  is  the  highest  testimonial  at  once 
March  4tli,  of  your  merit  and  their  esteem.     We  are  sensible.  Sir. 

1*789  • 

that  nothing  but  the  voice  of  your  fellow-citizens  could 
have  called  you  from  a  retreat  chosen  with  the  fondest 
predilection,  endeared  by  habit,  and  consecrated  to  the 
repose  of  declining  years.  We  rejoice,  and  with  us  all 
America,  that,  in  obedience  to  the  call  of  our  common 
country,  you  have  returned  once  more  to  public  life. 
In  you  all  parties  confide  ;  in  you  all  interests  unite  ; 
and  we  have  no  doubt  that  your  past  services,  great  as 
they  have  been,  will  be  equalled  by  your  future  exer- 
tions ;  and  that  your  prudence  and  sagacity  as  a  states- 
man, will  tend  to  avert  the  dangers  to  which  we  are 
exposed,  to  give  stability  to  the  present  government, 
and  dignity  and  splendor  to  that  country  which  your 
skill  and  valor  as  a  soldier  so  eminently  contributed  to 
raise  to  Independence  and  Empire. 
Answer  of  "  When  we  contemplate  the  coincidence  of  circum- 
to  the  stances,  and  wonderful  combination  of  causes,  which 
president's  g^,Q^(jjja^lly  prepared  the  people  of  this  country  for  inde- 
address,  pciidence :  When  we  contemplate  the  rise,  progress, 
1189  ^  '  ^^^^  termination,  of  the  late  war,  which  gave  them  a 
name  among  the  nations  of  the  earth ;  we  are,  with 
you,  unavoidably  led  to  acknowledge  and  adore  the 
Great  Arbiter  of  the  Universe  by  whom  empires  rise 
and  fall.  A  review  of  the  many  signal  instances  of 
Divine  interposition  in  favor  of  this  couiitry,  claims 
our  most  pious  gratitude :  And  permit  us,  sir,  to  ob- 
serve, that,  among  the  great  events  which  have  led  to 
the  formation  and  establishment  of  a  Federal  Govern- 
ment, we  esteem  your  acceptance  of  the  office  of  Presi- 
dent as  one  of  the  most  propitious  and  important. 

"  In  execution  of  the  trust  reposed  in  us,  we  shall 
endeavor  to  pursue  that  enlarged  and  liberal  policy  to 


THE   UNITED   STATES   OF  AMERICA.  997 


UNDKR    THE    PRKSKXT    CONSTITUTION.  J'aI'.T    IV. 

tt  

which  your  speech  so  happily  directs.     We   arc   con- Organiza- 
scioiis  that  the  prosperity  of  each  state  is  inseparably  I'overL*'^* 
connected  unth  the  iveJfare  of  all,  and  that,  in  promot- '"cnt 
ing  the  hitter,  we  shall  effectually  advance  the  former,  coustitu- 
In  full  persuasion  of  this  truth,  it  shall  be  our  invari- !',°"'  ,   , 

^  1  /.  New-York, 

able  aim  to  divest  ourselves  of  local  prejudices  and  at-  March  4th, 
tachments,  and  to  view  the  great  assemblage  of  com-  '    * 
munitics   and  interests  committed  to  our  charge,  with  Answer  of 
an  equal  eye.     We  feel,  sir,  the  force,  and  acknowledge  ^^^^^f,*^"^**^ 
the  justice  of  the  observation,  that  the  foundation  of  president's 
our  national  polity  should  be   laid  in  private  morality,  address 
If  individuals  be  not  influenced  by  moral  principles,  it^'^^y  ^^t^- 
is  in  vain  to  look  for  public  virtue :  It  is,  therefore,  the 
duty  of  legislators  to  enforce,  both  by  precept  and  ex- 
ample, the  utility  as  well  as  the  necessity,  of  a  strict 
adherence  to  the  rules  of  distributive  justice.     We  beg 
you  to  be  assured   that  the  Senate  will,  at  all  times, 
cheerfully   co-operate   in    every   measure   which   may 
strengthen   the   Union,  conduce  to  the  happiness,  or 
secure  and  perpetuate  the  liberties,  of  this  great  Con- 
federated Republic. 

"  We  commend  you,  sir,  to  the  protection  of  Almighty 
God  ;  earnestly  beseeching  him  long  to  preserve  a  life 
so  valuable  and  dear  to  the  people  of  the  United  States ; 
and  that  your  administration  may  be  prosperous  to  the 
nation,  and  glorious  to  yourself. 

"  By  order  of  the  Senate, 

John  Adams,  Vice-President.''^ 

To  which  the  President  replied,  as  follows : 

"  Gentlemen :  I  thank  you  for  your  address,  in  which  The  presi- 
the  most  affectionate  sentiments  are  expressed  in  the  ^*^°j*^  „ 
most  obliging  terms.     The  coincidence  of  circumstan- isth. 
COS  which  led  to  this  auspicious  crisis,  the   confidence 
reposed  in  mo  by  my  fellow-citizens,  and  the  assistance 
I  may  expect  from  councils  which  will  be  dictated  by 
an  enlarged  and  liberal  policy,  seem  to  presage  a  more 
prosperous  issue  to  my  administration  than  a  diffidence 


998  THE   GOTEENMENT^L   HISTORY   OF 

Part  IV.  toe  perfect  and  perpetual  union 

Organiza-  of  mj  abilities  had  taught  me  to  anticipate.  I  now  feel 
goveru-  myself  inexpressibly  happy,  in  a  belief  that  Heaven, 
incnt         which  has  done  so  much  for  our  infant  nation,  will  not 

under  the        .  .  ' 

coustitu-  withdraw  its  Providential  influence  before  our  political 
New-York  felicity  shall  have  been  completed ;  and  in  a  conviction 
March  4tb,  that  the  senate  will,  at  all  times,  co-operate  in  every 
measure  which  may  tend  to  promote  the  welfare  of  this 
Confederated  Republic.  Thus  supported  by  a  firm  trust 
in  the  Great  Arbiter  of  the  Universe  ;  aided  by  the  col- 
lective wisdom  of  the  Union,  and  imploring  the  Divine 
benediction  on  our  joint  exertions  in  the  service  of  our 
country,  I  readily  engage  with  you  in  the  arduous  but 
pleasing  task  of  attempting'  to  make  a  nation  happy. 

G.  Washington." 


The  con-        Although  the  Constitution  under  which  the  govern- 

stitution.  °  .  .  ° 

ment  now  went  into  operation,  received  the  sanction 
of,  and  was  ratified  by,  the  Conventions  of  the  several 
states  whose  senators  and  representatives  took  their 
seats  in  Congress  ;  yet  their  ratification  of  it  was  made 
more  from  a  spirit  of  conciliation  and  fraternity  to- 
wards each  other,  coupled  with  a  deep  and  solemn  im- 
pression of  the  necessity  of  their  union  in  a  general 
government,  than  from  any  special  persuasion  of  the 
propriety  or  aptness  of  all  of  its  provisions.  Many  of 
the  states  even  dreaded  its  operation  under  its  original 
form,  and  accepted  it  only  under  the  confiding  expecta- 
tion that  its  imperfections  would  be  speedily  amended. 
Massachusetts,  South-Carolina,  New-Hampshire,  Vir- 
ginia, and  New-York ;  although  they  did  not  make 
their  ratification  of  it  conditional  upon  them,  yet  ac- 
companied their  assent  to  it  with  recommendations,  or 
resolutions,  suggesting  certain  amendments,  the  adop- 
tion of  which  they  urged  their  senators  and  representa- 
tives to  procure,  under  the  fifth  article  of  the  Consti- 

Ratifica-      tution. 

tion  by  The  legislature  of  North  Carolina,  as  we  have  seen, 

Carolina,    put  forth  ccrtaiii  declarations  and  amendments  as  ncc- 


THE  UNITED   STATES  OP   AMERICA.  999 

CNDKR   THE    PRESKNT    CONSTITUTION.  PaRT    IV. 

essary  previous  to  calling  any  Convention  for  the  adop-  Amend- 
tionof  it,  and  did  not  formally  ratify  it  until  Novem-^^^g''5.'Q*° 
ber  21st,  1789.  Rhode-Island  delayed  her  ratification  stitution, 
until  May  29th,  1790.  auS'ifom- 

"It  is  a  wonder,"  said  Eop-er  Sherman,  shortly  after- J"^"'^'^'^ 
wards,  "  that  there  has  been  such  unanimity  in  adopting  gress,  Sept. 
it,  considering  the  ordeal  it  had  to  undergo:  And  the^'^^' 
unanimity  which  prevailed  at  its  formation  is  equally 
astonishing  :  Amongst  all  the  members  from  the  twelve 
states,  present  at  the  Federal  Convention,  there  were 
only  three  who  did  not  sign   the   instrument  to  attest 
their   opinion  of  its   goodness.     Of  the  eleven   states 
which   have    received  it,  the  majority  have  ratified  it 
without  proposing  a  single  amendment." 

But  yet  Congress  deemed  it  necessary,  to  quiet  the 
apprehensions  which  prevailed  in  some  of  the  states 
in  order  to  establish  fully  the  public  confidence ;  and 
to  remove  all  hindrances  to  its  general  unanimous 
adoption,  more  successful  operation,  and  permanent 
duration,  the  question  of  amending,  was  taken  up  as 
follows : 

"  Co}igress  of  the  United  States :  begun  and  held  at 
the  City  of  New-York,  on  Wednesday  the  fourth  of 
March,  1789.  The  Conventions  of  a  number  of  the  ^''^^'"^^®- 
states  having,  at  tlie  time  of  their  adopting  the  Consti- 
tution, expressed  a  desire,  in  order  to  prevent  miscon- 
struction or  abuse  of  its  powers,  that  further  declara- 
tory and  restrictive  clauses  should  be  added ;  and  as 
extending  the  ground  of  public  confidence  in  the  gov- 
ernment will  best  insure  the  beneficial  ends  of  its  in- 
stitution, 

Resol"\t;d,  By  the  Senate  and  House  of  Representa- Resolu- 
tives of  the  United  States  of  America  in  Cono;ress  as-^'^'^^^L 

-  congress 

sembled,  two-thirds  of  both  houses  concurring,  that  the  upon, 
following  articles  bo  proposed  to  the  legislatures  of  the 
several  States,  as  amendments  to  the  Constitution  of 
the  United  States ;  all  or  any  of  which  articles,  when 
ratified  by  three-fourths  of  the  said  legislatures,  to  be 


1000  THE   GOVERNMENTAL   HISTORY  OP 

Part  IV.  the  pkrfect  and  permanent  union 

Amend-  valid  to  all  intents  and  purposes,  as  part  of  the  said 
reTonsti- Constitution,  namely: 

tution,  Art.  I.  After  the  first  enumeration  required  by  the 

and rccom- fii'st  article  of  the  Constitution,  there  shall  be  one  rep- 
mended     resentative  for  every  thirty  thousand,  until  the  number 

by  con-  j  j  7 

gress, Sept.  shall  amount  to  one  hundred,  after  ■which  the  proper- 
tion  shall  be  so  regulated  by  Congress,  that  there  shall 

Repre-       be  not  less  than  one  hundred  representatives,  nor  less 

sentation.  ^|^r^j^  ^j-^g  representative  for  every  forty  thousand  per- 
sons, until  the  number  of  representatives  shall  amount 
to  two  hundred  ;  after  which  the  proportion  shall  be 
so  regulated  by  Congress,  that  there  shall  not  be  less 
that  two  hundred  representatives,  nor  more  than  one 
representative  for  every  fifty  thousand  persons. 

Compensa-  Art.  II,  No  law  varying  the  compensation  for  the 
services  of  the  Senators  and  Representatives  shall  take 
effect,  until  an  election  of  Representatives  shall  have 
intervened. 

Freedom        ^rt.  Ill,  Congress  shall  make  no  law  respecting  an 

of  religion,  ^  -,.   ,  10 

of  speech,  establishment  of  religion,  or  prohibiting  the  free  exer- 
presr  cise  thereof ;  or  abridging  the  freedom  of  speech;  or 
Right  of  of  the  press  ;  or  the  right  of  the  people  peaceably  to 
petition,     assemble,  and  to  petition  the  government  for  a  redress 

of  grievances. 
Right  to         XiCY.  IV.  A  well  regulated  militia  being  necessary  to 
bear  arms,  the  security  of  a  free  State,  the  right  of  the  people  to 

keep  and  bear  arms  shall  not  be  infringed. 
Quarter         Art.  Y.  No  soldier   shall   in  time  of  peace  be  quar- 

mg  sol- 

diers.  tered  111  any  house  without  the  consent  of  the  owner, 
nor  in  time  of  war,  but  in  a  manner  prescribed  by  law. 

and^sdz-        ^^'^*  ^^'  '^^^^  ^'^Slit  of  the  people  to  be  secure  in  their 

ures.  person,  houses,  papers,  and  effects,  against  unreasona- 
ble searches  and  seizures,  shall  not  be  violated  ;  and  no 
warrants  shall  issue,  but  upon  probable  cause,  supported 
by  oath  or  affirmation,  and  particularly  describing  the 
place  to  be  searched,  and  the  persons  or  things  to  be 

Prosecu-    seized. 

tions, 

trials,  &c.       Art.  VII.  No  pcrsoH  sliall  be  held  to  answer  for  a 


THE   UNITED   STATES  OF  AMERICA.  1001 

UNDER    THE    PRESENT    CONSTITUTION.  PaRT    IV. 

capital,  or  otherwise  infamous  crime,  unless  on  a  pre- Amend- 
sentment  or  indictment  of  a  ffrand  iury,  except  in  cases  '"•^"^^  ^'^ 

o  o      J  ■!  1  the  cou- 

arising  in  the  land    or   naval   forces,  or  in  the  militia  stitution, 
when  in  actual  service,  in  time  of  war  or  public  dan-aud^rec- 
ger  ;  nor  shall  be  compelled  in  any  criminal  case  to  be  ommended 
a  witness  against  himself;  nor  be  deprived  of  life,  lib-glcss,  Xew 
erty,   or  property,  without  due  process  of  law;    nor^^*'^|''"^Kgr) 
shall  private  property  be  taken  for  public  use  without 
just  compensation. 

Art.  VIII.  In  all  criminal  prosecutions,  the  accused  Rigiits  of 
shall  enjoy  the  right  to  a  speedy  and  public  trial,  byp^^^of^g 
an  imi^artial  jury  of  the  state  and  district  wherein  the 
crime  shall  have  been  committed,  which  district  shall 
have  been  previously  ascertained  by  law ;  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation  ; 
to  be  confronted  with  the  witness  against  him  ;  to  have 
compulsory  process  for  obtaining  witnesses  in  his  favor ; 
and  to  have  the  assistance  of  counsel  for  his  defence. 

Art.  IX.  In  suits  at  common  law,  where  the  A^alue  Trial  by 
in  controversy  shall  exceed  twenty  dollars,  the  right  of  "^"'"' 
trial  by  jury  shall  be  preserved  ;  and  no  fact,  tried  by  a 
jury,  shall  be  otherwise  re-examined  in  any  court  of 
the  United  States,  than  according  to  the  rules  of  the 
common  law. 

Art.  X.  Excessive  bail  shall  not  be  required,  nor  Bail,  &c. 
excessive  fines  imposed,  nor  cruel  and  unusual  punish- 
ments inflicted. 

Art.  XI.  The  enumeration  in  the  Constitution  of  Constnic- 
certain  rights,  shall  not  be  construed  to  deny  or  dispar-^'^"* 
age  others  retained  by  the  people. 

Art.  XII.  The  powers  not  delegated  to  the  United  Resoi-Tcd 
States,  by  the  Constitution,  nor  prohibited  by  it  to  the  \\f^  people 
states,  are  reserved  to  the  states  respectively,  or  to  the  fi"^^  states. 
people. 


All  of  these  articles,  except  the  two  first,  received 
the  sanction  of  the  people  of  the  requisite  number  of 
states,  and  became  a  part  of  the  Constitution.     The 


1002  THE   GOVEENMENTAL  HISTORY   OF 

Part  IV.  the  perfect  and  perpetual  union 

Further     following    articles    of   amendment    have    been    since 

Amend-      ^riApA. 
ments  to     ^tlCiea . 

the  Con-        Art.  XIII.  The  judicial  powers  of  the  United  States 
shall  not  be  construed  to  extend  to  any  suit  in  law  or 
Judicial     equity,  commenced  or  prosecuted  against  one  of  the 
powers.     United  States  by  citizens  of  another  state,  or  by  citi- 
zens or  subjects  of  any  foreign  state. 

Art.  XIV.  1.  The  electors  shall  meet  in  their  re- 
spective states,  and  vote  by  ballot  for  President  and 
Vice-President,  one  of  whom,  at  least,  shall  not  be  an 
inhabitant  of  the  same  state  with  themselves  ;  they  shall 
name  in  their  ballots  the  person  voted  for  as  President, 
and  in  distinct  ballots  the  person  voted  for  as  Vice- 
President  ;  and  they  shall  make  distinct  lists  of  all  per- 
President  SOUS  voted  for  as  President,  and  of  all  persons  voted 
and  Vice-  foi-  as  Vice-President,  and  of  the  number  of  votes  for 

President. 

each,  which  list  they  shall  sign  and  certify,  and  trans- 
mit sealed  to  the  seat  of  the  government  of  the  United 
States,  directed  to  the  president  of  the  Senate ;  the 
president  of  the  Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  cer- 
tificates, and  the  votes  shall  then  be  counted ;  the  per- 
son having  the  greatest  number  of  votes  for  President, 
shall  be  President,  if  such  number  be  a  majority  of  the 
whole  number  of  electors  appointed ;  and  if  no  person 
have  such  majority,  then  from  the  persons  having  the 
highest  numbers,  not  exceeding  three,  on  the  list  of 
those  voted  for  as  President,  the  House  of  Representa- 
tives shall  choose  immediately,  by  ballot,  the  President. 
But  in  choosing  the  President,  the  votes  shall  be  taken 
by  states,  the  representation  from  each  state  having  one 
vote ;  a  quorum  for  this  purpose  shall  consist  of  a  mem- 
ber or  members  from  two-thirds  of  the  states,  and  a 
majority  of  all  the  states  shall  be  necessary  to  a  choice. 
And  if  the  House  of  Representatives  shall  not  choose 
a  President,  whenever  the  right  of  choice  shall  devolve 
upon  them,  before  the  fourth  day  of  March  next  fol- 
lowing, then  the  Vice-President  shall  act  as  President, 


THE   UNITED    STATES    OP  AMERICA.  1003 


UNnER  THE    PRESBNT   CONSTITUTION.  PaRT   IV. 


as  in  the  case  of  the  death,  or  other  constitutional  ina- 
bility of  the  President. 

2.  The  person  having  the  greatest  number  of  votes  samc  sub-. 
as  Vice-President  shall  be  Vice-President,  if  such  num-  J*^^*- 
ber  be  a  majority  of  the  whole  number  of  electors  ap- 
pointed ;  and  if  no  person  have  a  majority,  then  from 

the  two  highest  numbers  on  the  list,  the  Senate  shall 
choose  the  Vice-President ;  a  quorum  for  the  purpose 
shall  consist  of  two-thirds  of  the  wliole  number  of  sen- 
ators, and  a  majority  of  the  whole  number  shall  be 
necessary  to  a  choice. 

3.  But  no  person  constitutionally  ineligible  to  the  Same  sub- 
office  of  President,  shall  be  eligible  to  that  of  Vice-*^*^^*' 
President  of  the  United  States.* 

Before  the  first  day  of  January,  1791,  the  Constitu- 
tion and  Amendments  were  ratified  in  all  of  the  states, 
by  their  respective  legislatures  and  conventions,  and  it 
was  universally  received  and  recognized  as  the  para- 
mount laiv  of  the  land,  by  the  people  of  the  United  States 
of  America. 

But  one  more  act  seemed  necessary  to  complete  the  The  tem- 
system  of  national  administration  thus  adopted,  and  ^'^"'^^  ^^'"" 

•^  '■         '  pact  recog- 

that  had  reference  to  the  Territorial  domain  at  this  time  nized  and 
belonging  to  the  United  States.     There  were  certain  "^^iJ^^^j^llf' 
provisions  in  the  Ordinance  of  178T,  which  were  to  be  to  the  Con- 
considered  as  articles  of  compact  between  the  orighial'^^^  I7g9^ 
states  and  the  people  and  states  m  the  said  territory,  and 
forever  remain  unalterable,  unless  by  common  consent. 
It  was  important  that  the  integrity  of  this  compact 
should  not  bo  infringed  under  the  new  government, 
and  that  all  question  as  to  its  constitutionality  should 
be  put  at  rest  at  the  outset :  Accordingly  on  the  sev- 
enth day  of  August,  1789,  Congress  enacted  as  follows, 

viz. : 

j^    • 

*  By  commencing  the  enumeration  at  Article  III.,  we  have  the  amend- 
ments as  adopted,  and  as  they  now  stand  in  the  Constitution. 


Preamble. 


1004  THE   GOVERNMENTAL    HISTOEY   OP 

Part  IV.  the  pkrfkct  and  perpetual  union 

Act  in  re-  "j^^  ^^.^  to  provide  for  the  government  of  the  Territory 
the  Ordi-  uorthwest  of  the  River  Ohio. 

uance  of 

ivsv.  "  Whereas,  in  order  that  the  Ordinance  of  the  United 

States  in  Congress  assembled,  for  the  government  of 
the  territory  north-west  of  the  river  Ohio,  may  continue 
to  have  full  effect,  it  is  requisite  that  certain  provisions 

page  927.   should  be  made,  so  as  to  adapt  the  same  to  the  present 
Constitution  of  the  United  States. 

"  Section  I.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  of  the  United  States  of  America,  in 
Congress  assembled:  That  in  all  cases  in  which,  by 
said  Ordinance,  any  information  is  to  be  given,  or  com- 
munication made,  by  the  governor  of  the  said  territory 
to  the  United  States  in  Congress  assembled,  or  to  any 
of  their  officers,  it  shall  be  the  duty  of  the  said  gov- 
ernor to  give  such  information  and  to  make  such  com- 
munication to  the  President  of  the  United  States ;  and 
the  President  shall  nominate,  and  by  and  with  the  ad- 
vice and  consent  of  the  Senate  shall  appoint,  all  officers 
which  by  the  said  ordinance  were  to  have  been  ap- 
pointed by  the  United  States  in  Congress  assembled : 
And  all  officers  so  appointed  shall  be  commissioned  by 
him.  And  in  all  cases  where  the  United  States  in  Con- 
gress assembled  might,  by  the  said  ordinance,  revoke 
any  commission,  or  remove  from  any  office,  the  Presi- 
dent is  hereby  declared  to  have  the  same  powers  of 
revocation  and  removal. 

Death  or        «  SECTION  II.  And  be  it  further  enacted:  That  in  case 

removal  c      ^        ->       i  i  • 

of  the  ter-  01   the  death,  removal,  resignation,  or  necessary  ab- 
ritoriai      gence,  of  the  governor  of  the  said  territorv,  the  secre- 

governor.  7  o  j  7 

tary  thereof  shall  be,  and  he  is  hereby  authorized  and 
required  to  execute  all  the  powers,  and  perform  all 
the  duties,  of  the  governor,  during  the  vacancy  occa- 
sioned by  the  removal,  resignation,  or  necessary  absence 
of  the  governor." 


Bion.  Thus  have  I  endeavored  to  trace  the  governmental 


THE   UNITED   STATES   OP  AMERICA.  1005 

UNUEK    TUE    PUKSENT    CONSTITUTION.  PaRT.  IV. 

history  of  this  countiy,  from  the  earliest  settlement  Conclu- 
madc  upon  its  shores  until  the  formation  of  a  more  ^^^^^^ 
perfect  national  organization  under  the  jH'esent  consti- 
tution. Of  that  constitution  I  do  not  now  propose  to 
speak.  It  is  before  us.  We  see  and  feel  the  practical 
benefits  of  its  benign  operation.  For  nearly  three  The  Con- 
quarters  of  xi  century  have  these  United  States,  and  ^*'^"^^*^°' 
this  great  people  of  America,  been  fostered  under  its 
provisions,  while  it  has  elevated  them  to  the  highest 
rank  among  the  political  powers  of  the  earth,  and 
gained  for  them  and  their  institutions  the  respect  and 
admiration  of  mankind.  It  has  been  proved  fully  ade- 
quate to  all  exigencies,  whether  of  peace  or  of  war. 
Under  its  happy  auspices  our  domain  has  been  extend- 
ed both  by  purchase  and  by  conquest.  The  old  and 
the  new  territories  have  been  planted  and  reared  into 
powerful  political  associations,  which  have  taken  their 
position  of  independence  as  states  under  the  fostering 
care  of  the  Confederated  Republic ;  strengthening  the 
bonds  of  our  national  union,  and  adding  to  the  lustre  of 
our  national  glory.  The  prosperity,  happiness,  and  tran- 
quillity, which  now  pervade  every  portion  of  our  conti- 
nent, spreading  from  Canada  on  the  North  to  Mexico 
on  the  South  ;  and  from  the  Atlantic  on  the  East  to  the 
Pacific  on  the  West,  with  all  its  variety  of  climate,  of 
production,  of  population,  and  of  enterprise ;  are  the 
proudest  and  best  comment  on  the  a(^aptation  of  the 
present  Constitution  to  the  necessities  and  relations, 
whether  foreign  or  domestic,  of  a  magnificent  and  free 
Empire.  Its  peace-producing  influences  are  radiating 
over  the  world,  illustrating  to  anxious  and  admiring 
millions  the  happy  tendencies  of  republican  institutions 
to  ameliorate  the  condition  of  the  human  race.  Chris- 
tianity claims  it  as  her  own  consecrated  work.  Liberty 
enshrines  it  in  her  temple  as  the  most  cherished  memorial 
of  her  victories  ;  and  pointing  to  the  wide  territory  over 
which  it  extends  its  peaceful  sway,  she  exultingly  invites 
the  oppressed  and  suffering  children  of  men,  of  every 


KlOU 


1006  THE   GOVERNMENTAL    HISTORY  OF 

Part  IV.  the  PERrECT  and  perpetual  union 

Conclu-  kindred,  and  tongue,  and  people,  and  nation,  under 
the  whole  heavens,  to  come  and  rest  under  its  protec- 
tion. 

May  the  same  spirit  of  affection  and  fraternity,  of 
patriotism  and  philanthropy,  which  prompted  the  peo- 
ple and  states  of  America  thus  to  pledge  themselves  to 
an  IRREVOCABLE  UNION,  cvcr  dwell  with  their  descend- 
ants ;  and  may  the  existence  of  this  Mighty  Nation  in 
one  great  and  harmonious  Confederacy,  be  perpetuated 
under  this  Constitution,  as  in  the  hopes  of  its  framers, 
till  the  Almighty  shall  blot  out  all  the  Empires  of  the 
earth. 

THE  END. 


J 


II  (r 


7f 


